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 19920000 English
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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1992 19920000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References vi Bills and ResolutionsAct Number References xvi Acts and Resolutions of General Application 1 Resolutions Proposing Amendments to the Constitution of the State of Georgia 3327 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars II IndexTabular XIV IndexGeneral LXXII Population of Georgia CountiesAlphabetically CCXXI Population of Georgia CountiesNumerically CCXXVII Population of Municipalities CCXXIX Population of Judicial Circuits CCXL Georgia Senatorial Districts, Alphabetically by County CCXLIII Georgia Senators, Alphabetically by Name CCXLV Georgia Senators, Numerically by District CCXLVIII Georgia House Districts, Alphabetically by County CCLI Georgia Representatives, Alphabetically by Name CCLIII Georgia Representatives, Numerically by District CCLXI Status of Referendum Elections CCLXIX Vetoes by the Governor CCCXXXIX State Auditor's Report on Retirement Bills CDV VOLUME TWO Acts by NumbersPage References vi Bills and ResolutionsAct Number References xvi Acts and Resolutions of Local Application 4501 County Home Rule Actions 7041 Municipal Home Rule Actions 7107 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars II IndexTabular XIV IndexGeneral LXXII Population of Georgia CountiesAlphabetically CCXXI Population of Georgia CountiesNumerically CCXXVII Population of Municipalities CCXXIX Population of Judicial Circuits CCXL Georgia Senatorial Districts, Alphabetically by County CCXLIII Georgia Senators, Alphabetically by Name CCXLV Georgia Senators, Numerically by District CCXLVIII Georgia House Districts, Alphabetically by County CCLI Georgia Representatives, Alphabetically by Name CCLIII Georgia Representatives, Numerically by District CCLXI Status of Referendum Elections CCLXIX Vetoes by the Governor CCCLXXXIX State Auditor's Report on Retirement Bills CDV
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COMPILER'S NOTE General Acts and Resolutions of the 1992 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 3327. Local and Special Acts and Resolutions will be found in Volume II beginning at page 4501. Home rule actions by counties which were filed in the office of the Secretary of State during 1991 are printed in Volume II beginning at page 7041. Home rule actions by municipalities which were filed in the office of the Secretary of State during 1991 are printed in Volume II beginning at page 7107. There are no numbered pages between page 3343 and page 4501. 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 Act beginning on page 7036 was not signed by the Governor. See the note at the end of that Act. ACTS BY NUMBERS, PAGE REFERENCES Act No. Page 596 1 597 4501 598 4508 599 4514 600 4520 601 4523 602 4529 603 4536 604 4538 605 4551 606 6 607 56 608 4558 609 4563 610 4573 611 4584 612 4592 613 4601 614 4614 615 59 616 133 617 4649 618 4656 619 4671 620 4686 621 4693 622 324 623 4701 624 4707 625 4713 626 4719 627 4726 628 4730 629 4764 630 4770 631 4775 632 4786 633 328 634 4796 635 4804 636 4811 637 4818 638 335 639 4825 640 4833 641 4840 642 4848 643 4856 644 379 645 462 646 470 647 4864 648 4873 649 4880 650 477 651 4887 652 4889 653 4896 654 4898 655 4905 656 4907 657 4912 658 480 659 4928 660 4936 661 4958 662 4961 663 4970 664 4984 665 4991 666 5020 667 5023 668 5029 669 5036 670 5044 671 5052 672 492 673 693 674 776 675 779 676 815 677 5062 678 820 679 5078 680 5088 681 5094 682 5100 683 5116 684 5130 685 5135 686 5140 687 5145 688 5149 689 827 690 833 691 5154 692 5163 693 5171 694 5180 695 5183 696 5221 697 5230 698 5245 699 5259 700 5262 701 904 702 5264 703 905 704 5275 705 5312 706 5313 707 5315 708 5318 709 5320 710 5325 711 907 712 5327 713 5330 714 908 715 5334 716 5336 717 5338 718 5340 719 5343 720 5345 721 5349 722 5351 723 5357 724 5359 725 5363 726 5365 727 5370 728 5374 729 5376 730 5379 731 5381 732 5383 733 5387 734 5389 735 5393 736 5395 737 5397 738 5399 739 5401 740 5403 741 5405 742 5407 743 5409 744 909 745 5411 746 5414 747 5416 748 5419 749 5425 750 5427 751 5430 752 5433 753 5436 754 5444 755 5450 756 5452 757 5457 758 5459 759 5464 760 5466 761 5470 762 5472 763 910 764 5476 765 912 766 913 767 915 768 918 769 980 770 982 771 983 772 985 773 987 774 5516 775 988 776 989 777 992 778 993 779 994 780 996 781 998 782 1001 783 1004 784 1005 785 1006 786 1008 787 1009 788 1010 789 5527 790 5540 791 1014 792 1016 793 1018 794 1020 795 5554 796 5556 797 1022 798 5558 799 1023 800 5568 801 5570 802 1024 803 5574 804 5578 805 5582 806 5585 807 1027 808 5591 809 1028 810 5593 811 1029 812 1034 813 5598 814 5600 815 1035 816 1036 817 1037 818 5602 819 1048 820 1053 821 1055 822 5608 823 1056 824 5610 825 5613 826 1058 827 1060 828 1061 829 1068 830 1075 831 1098 832 5615 833 5651 834 5684 835 5686 836 1105 837 1108 838 1110 839 1112 840 1118 841 1121 842 1122 843 1123 844 1128 845 1129 846 1131 847 1138 848 5690 849 1139 850 1141 851 1143 852 1145 853 1150 854 1151 855 1153 856 5698 857 5718 858 5720 859 5725 860 5729 861 1154 862 1157 863 1158 864 1161 865 5730 866 1163 867 5733 868 5735 869 5741 870 5748 871 5757 872 1174 873 1179 874 1180 875 1183 876 5773 877 1184 878 5775 879 1187 880 1188 881 1189 882 1190 883 1191 884 5778 885 5782 886 5788 887 5801 888 5810 889 5814 890 5823 891 5827 892 5842 893 5862 894 5864 895 5866 896 1192 897 1204 898 5868 899 5874 900 5879 901 5886 902 5888 903 5892 904 5902 905 5906 906 5910 907 5916 908 5918 909 5959 910 5965 911 5975 912 5981 913 1205 914 5985 915 6034 916 6045 917 1207 918 1208 919 6048 920 1210 921 1211 922 1212 923 1213 924 1214 925 6053 926 1216 927 6055 928 6057 929 1217 930 6058 931 1218 932 1219 933 6060 934 6063 935 6068 936 6071 937 6080 938 6083 939 6092 940 6096 941 6101 942 6107 943 6111 944 6114 945 6119 946 6123 947 6128 948 6131 949 1220 950 1221 951 6137 952 6141 953 6143 954 6146 955 6148 956 6150 957 1224 958 6153 959 6157 960 1225 961 6159 962 1226 963 1228 964 1229 965 1230 966 6162 967 6164 968 6175 969 6180 970 6218 971 6221 972 1231 973 1232 974 6224 975 6237 976 6241 977 1234 978 1236 979 1237 980 1247 981 1249 982 1257 983 1258 984 1264 985 1266 986 1270 987 1271 988 1276 989 1278 990 1279 991 1281 992 1282 993 1284 994 1286 995 1287 996 1288 997 1293 998 1296 999 1298 1000 1301 1001 1303 1002 1307 1003 1310 1004 1311 1005 1314 1006 1315 1007 1320 1008 1322 1009 1323 1010 1325 1011 1327 1012 1328 1013 1331 1014 1332 1015 1335 1016 1346 1017 1347 1018 1348 1019 1352 1020 1355 1021 1357 1022 1362 1023 1385 1024 1392 1025 1394 1026 1395 1027 1402 1028 1431 1029 1434 1030 1436 1031 1438 1032 1441 1033 1443 1034 1444 1035 1445 1036 1458 1037 1465 1038 1466 1039 1475 1040 1478 1041 1488 1042 1489 1043 1491 1044 1494 1045 1496 1046 1498 1047 1500 1048 6246 1049 1501 1050 1502 1051 1504 1052 1507 1053 1521 1054 1538 1055 1539 1056 1541 1057 1545 1058 1546 1059 1547 1060 1551 1061 1553 1062 1554 1063 1556 1064 6249 1065 6263 1066 6269 1067 6272 1068 6274 1069 1610 1070 1612 1071 1614 1072 1615 1073 1633 1074 1634 1075 1636 1076 1640 1077 1642 1078 1643 1079 1645 1080 1647 1081 1648 1082 1651 1083 1654 1084 1656 1085 1657 1086 1668 1087 6283 1088 1676 1089 1678 1090 1679 1091 1680 1092 6284 1093 6287 1094 1681 1095 6289 1096 1683 1097 1684 1098 1685 1099 6294 1100 1686 1101 1688 1102 1689 1103 6300 1104 6305 1105 6308 1106 6310 1107 6312 1108 6317 1109 6319 1110 6320 1111 1690 1112 6323 1113 1692 1114 1693 1115 1694 1116 1697 1117 1698 1118 1699 1119 1700 1120 6327 1121 1701 1122 6329 1123 1786 1124 1790 1125 1808 1126 1810 1127 1815 1128 1828 1129 1831 1130 1833 1131 1836 1132 1840 1133 1855 1134 1865 1135 1883 1136 1896 1137 1899 1138 1902 1139 1926 1140 1936 1141 1940 1142 1942 1143 1963 1144 1967 1145 1969 1146 1975 1147 1981 1148 1983 1149 2031 1150 2034 1151 2039 1152 2041 1153 2043 1154 2046 1155 6337 1156 2048 1157 2049 1158 2051 1159 2052 1160 2054 1161 6346 1162 6349 1163 6352 1164 6354 1165 6358 1166 6361 1167 6366 1168 2056 1169 6368 1170 6403 1171 6419 1172 6435 1173 2058 1174 6437 1175 2059 1176 6443 1177 2061 1178 2062 1179 2065 1180 2066 1181 2067 1182 2075 1183 2087 1184 2089 1185 2091 1186 2093 1187 2095 1188 2097 1189 2098 1190 2100 1191 2102 1192 2103 1193 2104 1194 2105 1195 2106 1196 2108 1197 2111 1198 2112 1199 2117 1200 2120 1201 2122 1202 2125 1203 2131 1204 2132 1205 2134 1206 2135 1207 2136 1208 2137 1209 2139 1210 2141 1211 2147 1212 2149 1213 2151 1214 2176 1215 2178 1216 2180 1217 2182 1218 2184 1219 2186 1220 2195 1221 2197 1222 2198 1223 2200 1224 2201 1225 6445 1226 6449 1227 6456 1228 6459 1229 6465 1230 6469 1231 6471 1232 6474 1233 6481 1234 2202 1235 6484 1236 6500 1237 6502 1238 6506 1239 6508 1240 6512 1241 6514 1242 6519 1243 6521 1244 6524 1245 6528 1246 6537 1247 6545 1248 2227 1249 2234 1250 2294 1251 2316 1252 2317 1253 2328 1254 2331 1255 6548 1256 2335 1257 2337 1258 2339 1259 2340 1260 2341 1261 2342 1262 2343 1263 2344 1264 2345 1265 2347 1266 2348 1267 2350 1268 2351 1269 6556 1270 6559 1271 2352 1272 6563 1273 6566 1274 6583 1275 6587 1276 6590 1277 6592 1278 6601 1279 6604 1280 6606 1281 6613 1282 6624 1283 6629 1284 6646 1285 2355 1286 2358 1287 2361 1288 6649 1289 2363 1290 2365 1291 2370 1292 2389 1293 2391 1294 2397 1295 2398 1296 2405 1297 2408 1298 2410 1299 2411 1300 2419 1301 2424 1302 2426 1303 2431 1304 2434 1305 2450 1306 2452 1307 2461 1308 2464 1309 2467 1310 2470 1311 2473 1312 2474 1313 2476 1314 2479 1315 2480 1316 2482 1317 2488 1318 2490 1319 2494 1320 2505 1321 2508 1322 2510 1323 2514 1324 2516 1325 2518 1326 2519 1327 2521 1328 2523 1329 2525 1330 2527 1331 2528 1332 2530 1333 2531 1334 2533 1335 2552 1336 2553 1337 6655 1338 6657 1339 6659 1340 2556 1341 2564 1342 6670 1343 6709 1344 6714 1345 6750 1346 2590 1347 6764 1348 6774 1349 6809 1350 6812 1351 6825 1352 6828 1353 6845 1354 6849 1355 6853 1356 6856 1357 6867 1358 6883 1359 6888 1360 6907 1361 6910 1362 6948 1363 6951 1364 6986 1365 7003 1366 7007 1367 2592 1368 2615 1369 2626 1370 2685 1371 2725 1372 2746 1373 2748 1374 2750 1375 2755 1376 2758 1377 2762 1378 2765 1379 2769 1380 2770 1381 2772 1382 2776 1383 2785 1384 2829 1385 2830 1386 7011 1387 2863 1388 2877 1389 2886 1390 2929 1391 2933 1392 2939 1393 2942 1394 2946 1395 2963 1396 2966 1397 2968 1398 2973 1399 2975 1400 2977 1401 2978 1402 2995 1403 2998 1404 3010 1405 3017 1406 3018 1407 3035 1408 3041 1409 3044 1410 3048 1411 3131 1412 3137 1413 3161 1414 3162 1415 7019 1416 3164 1417 3173 1418 3211 1419 3212 1420 3214 1421 3219 1422 3221 1423 3234 1424 3236 1425 3241 1426 3245 1427 3256 1428 3259 1429 3276 1430 3297 1431 3303 1432 7024 1433 7030 1434 3308 1435 3311 1436 3316 1437 3318 1438 7036 RESOLUTIONS BY NUMBERS, PAGE REFERENCES Res. Act No. Page 56 823 57 1558 58 1560 59 1562 60 1565 61 1569 62 1587 63 1591 64 1594 65 1597 66 1601 67 1604 68 1607 69 1608 70 1882 71 2203 72 2205 73 2206 74 2209 75 2210 76 2213 77 2220 78 2223 79 2225 80 3329 81 3333 82 3056 83 3058 84 3059 85 3060 86 3062 87 3063 88 3064 89 3066 90 3069 91 3070 92 3071 93 3072 94 3074 95 3075 96 3081 97 3082 98 3335 99 3083 100 3084 101 3085 102 3087 103 3088 104 3090 105 3091 106 3095 107 3098 108 3099 109 3102 110 3105 111 3109 112 3110 113 3111 114 3336 115 3113 116 3114 117 3115 118 3116 119 3118 120 3119 121 3122 122 3124 123 3125 124 3339 125 3342 126 3323
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BILLS AND RESOLUTIONSACT NUMBER REFERENCES House Bill Act No. Page HB 37 836 1105 HB 38 837 1108 HB 39 838 1110 HB 41 1214 2176 HB 113 1367 2592 HB 124 1397 2968 HB 143 1430 3297 HB 150 1372 2746 HB 184 1285 2355 HB 196 596 1 HB 198 Vetoed HB 203 1199 2117 HB 207 787 1009 HB 213 1327 2521 HB 216 1069 1610 HB 233 786 1008 HB 235 785 1006 HB 240 1398 2973 HB 244 1421 3219 HB 245 Vetoed HB 309 1215 2178 HB 310 1373 2748 HB 311 1216 2180 HB 318 784 1005 HB 319 1368 2615 HB 332 988 1276 HB 353 1217 2182 HB 354 633 328 HB 394 1399 2975 HB 408 1138 1902 HB 451 765 912 HB 456 1400 2977 HB 457 1124 1790 HB 494 1401 2978 HB 501 1328 2523 HB 519 1218 2184 HB 538 1146 1975 HB 551 1287 2361 HB 559 Vetoed HB 573 1200 2120 HB 576 1377 2762 HB 586 1386 7011 HB 588 1402 2995 HB 598 1403 2998 HB 601 1070 1612 HB 613 Vetoed HB 631 783 1004 HB 634 1286 2358 HB 635 1404 3010 HB 654 678 820 HB 666 1071 1614 HB 695 782 1001 HB 707 781 998 HB 708 767 915 HB 711 1329 2525 HB 727 Vetoed HB 761 1369 2626 HB 762 1370 2685 HB 801 802 1024 HB 825 1405 3017 HB 828 1087 6283 HB 829 1256 2335 HB 875 1330 2527 HB 900 839 1112 HB 904 780 996 HB 912 1331 2528 HB 914 801 5570 HB 968 1139 1926 HB 1004 1332 2530 HB 1039 1374 2750 HB 1045 800 5568 HB 1068 1333 2531 HB 1084 1288 6649 HB 1094 1270 6559 HB 1100 705 5312 HB 1102 1334 2533 HB 1103 703 905 HB 1106 1072 1615 HB 1107 1137 1899 HB 1108 706 5313 HB 1109 Vetoed HB 1111 1167 6366 HB 1112 597 4501 HB 1114 1271 2352 HB 1116 1201 2122 HB 1117 1089 1678 HB 1118 1088 1676 HB 1121 840 1118 HB 1125 830 1075 HB 1128 708 5318 HB 1136 1125 1808 HB 1144 1426 3245 HB 1145 675 779 HB 1146 676 815 HB 1149 779 994 HB 1150 826 1058 HB 1151 1073 1633 HB 1156 1335 2552 HB 1157 1090 1679 HB 1158 1091 1680 HB 1162 Vetoed HB 1163 598 4508 HB 1164 599 4514 HB 1167 635 4804 HB 1168 636 4811 HB 1169 Vetoed HB 1170 1202 2125 HB 1172 623 4701 HB 1173 624 4707 HB 1185 1203 2131 HB 1187 1074 1634 HB 1188 606 6 HB 1189 607 56 HB 1193 989 1278 HB 1194 990 1279 HB 1195 841 1121 HB 1196 1414 3162 HB 1197 778 993 HB 1198 1204 2132 HB 1199 799 1023 HB 1200 1406 3018 HB 1201 842 1122 HB 1202 1145 1969 HB 1203 777 992 HB 1206 685 5135 HB 1207 686 5140 HB 1208 687 5145 HB 1209 688 5149 HB 1210 843 1123 HB 1211 991 1281 HB 1212 1407 3035 HB 1216 844 1128 HB 1225 1336 2553 HB 1226 655 4905 HB 1229 776 989 HB 1230 861 1154 HB 1231 862 1157 HB 1232 701 904 HB 1233 775 988 HB 1234 650 477 HB 1236 622 324 HB 1238 1314 2479 HB 1241 992 1282 HB 1244 625 4713 HB 1245 626 4719 HB 1251 601 4523 HB 1252 602 4529 HB 1253 608 4558 HB 1254 707 5315 HB 1256 1053 1521 HB 1257 704 5275 HB 1261 1121 1701 HB 1262 644 379 HB 1263 1315 2480 HB 1265 1420 3214 HB 1269 709 5320 HB 1270 1054 1538 HB 1272 1055 1539 HB 1275 1375 2755 HB 1276 984 1264 HB 1277 985 1266 HB 1283 1056 1541 HB 1284 863 1158 HB 1286 1316 2482 HB 1287 Vetoed HB 1288 1123 1786 HB 1290 Vetoed HB 1294 1033 1443 HB 1296 797 1022 HB 1297 1371 2725 HB 1299 1032 1441 HB 1308 1205 2134 HB 1310 711 907 HB 1311 1408 3041 HB 1312 1409 3044 HB 1314 845 1129 HB 1316 628 4730 HB 1317 603 4536 HB 1319 671 5052 HB 1320 668 5029 HB 1321 710 5325 HB 1322 1387 2863 HB 1324 1075 1636 HB 1337 616 133 HB 1340 672 492 HB 1342 846 1131 HB 1344 1388 2877 HB 1346 1410 3048 HB 1347 1317 2488 HB 1350 1413 3161 HB 1351 629 4764 HB 1352 609 4563 HB 1353 712 5327 HB 1354 618 4656 HB 1355 619 4671 HB 1356 1129 1831 HB 1357 714 908 HB 1359 659 4928 HB 1361 1289 2363 HB 1362 864 1161 HB 1364 865 5730 HB 1366 691 5154 HB 1367 610 4573 HB 1368 611 4584 HB 1369 1127 1815 HB 1370 612 4592 HB 1371 847 1138 HB 1374 866 1163 HB 1377 Vetoed HB 1378 1057 1545 HB 1379 613 4601 HB 1380 827 1060 HB 1381 605 4551 HB 1382 604 4538 HB 1385 1428 3259 HB 1386 1429 3276 HB 1387 1253 2328 HB 1388 1248 2227 HB 1389 1250 2294 HB 1390 1252 2317 HB 1391 1251 2316 HB 1392 646 470 HB 1393 642 4848 HB 1394 1249 2234 HB 1395 977 1234 HB 1396 978 1236 HB 1397 979 1237 HB 1398 796 5556 HB 1399 1149 2031 HB 1400 980 1247 HB 1401 986 1270 HB 1403 713 5330 HB 1405 981 1249 HB 1408 1168 2056 HB 1409 643 4856 HB 1412 1254 2331 HB 1413 715 5334 HB 1427 647 4864 HB 1430 795 5554 HB 1431 716 5336 HB 1432 717 5338 HB 1433 718 5340 HB 1434 1436 3316 HB 1436 719 5343 HB 1439 1389 2886 HB 1440 768 918 HB 1443 720 5345 HB 1444 912 5981 HB 1445 Vetoed HB 1447 1058 1546 HB 1450 794 1020 HB 1451 1390 2929 HB 1453 1059 1547 HB 1454 656 4907 HB 1455 600 4520 HB 1456 620 4686 HB 1457 621 4693 HB 1459 773 987 HB 1460 1060 1551 HB 1462 993 1284 HB 1465 662 4961 HB 1466 721 5349 HB 1467 1169 6368 HB 1469 848 5690 HB 1470 873 1179 HB 1471 772 985 HB 1476 994 1286 HB 1478 995 1287 HB 1479 722 5351 HB 1481 Vetoed HB 1482 1290 2365 HB 1487 1144 1967 HB 1490 788 1010 HB 1491 789 5527 HB 1492 723 5357 HB 1493 790 5540 HB 1495 Vetoed HB 1497 792 1016 HB 1498 627 4726 HB 1499 724 5359 HB 1502 1291 2370 HB 1503 1219 2186 HB 1506 614 4614 HB 1508 766 913 HB 1517 725 5363 HB 1519 1130 1833 HB 1520 771 983 HB 1523 1141 1940 HB 1528 1206 2135 HB 1530 1411 3131 HB 1532 1292 2389 HB 1533 793 1018 HB 1534 1376 2758 HB 1539 1076 1640 HB 1540 1077 1642 HB 1541 1417 3173 HB 1542 1425 3241 HB 1543 1225 6445 HB 1545 815 1035 HB 1548 1293 2391 HB 1549 1148 1983 HB 1553 1272 6563 HB 1558 816 1036 HB 1561 1078 1643 HB 1562 1016 1346 HB 1566 1378 2765 HB 1570 770 982 HB 1571 1318 2490 HB 1572 1379 2769 HB 1573 1380 2770 HB 1574 1304 2434 HB 1577 1273 6566 HB 1578 814 5600 HB 1580 1207 2136 HB 1581 630 4770 HB 1583 1079 1645 HB 1594 1017 1347 HB 1595 1319 2494 HB 1596 996 1288 HB 1598 1208 2137 HB 1599 1320 2505 HB 1603 813 5598 HB 1604 726 5365 HB 1605 727 5370 HB 1606 728 5374 HB 1607 1422 3221 HB 1609 1434 3308 HB 1610 878 5775 HB 1611 1321 2508 HB 1612 874 1180 HB 1613 1198 2112 HB 1615 692 5163 HB 1618 913 1205 HB 1619 693 5171 HB 1623 1170 6403 HB 1624 1220 2195 HB 1626 1092 6284 HB 1627 1093 6287 HB 1628 895 5866 HB 1629 894 5864 HB 1630 914 5985 HB 1631 1342 6670 HB 1633 1080 1647 HB 1637 1305 2450 HB 1640 1209 2139 HB 1644 1322 2510 HB 1645 769 980 HB 1646 1081 1648 HB 1649 1134 1865 HB 1651 896 1192 HB 1652 812 1034 HB 1654 1274 6583 HB 1655 875 1183 HB 1657 690 833 HB 1658 811 1029 HB 1659 729 5376 HB 1660 1082 1651 HB 1662 871 5757 HB 1663 1210 2141 HB 1666 997 1293 HB 1667 1018 1348 HB 1672 682 5100 HB 1673 915 6034 HB 1675 1019 1352 HB 1676 1323 2514 HB 1679 1142 1942 HB 1680 987 1271 HB 1684 1343 6709 HB 1687 1324 2516 HB 1691 1083 1654 HB 1692 1020 1355 HB 1693 1222 2198 HB 1695 730 5379 HB 1696 637 4818 HB 1699 731 5381 HB 1700 639 4825 HB 1702 640 4833 HB 1704 732 5383 HB 1705 Vetoed HB 1706 1391 2933 HB 1707 657 4912 HB 1710 1147 1981 HB 1712 916 6045 HB 1718 1061 1553 HB 1719 663 4970 HB 1720 810 5593 HB 1721 Vetoed HB 1722 809 1028 HB 1724 733 5387 HB 1725 1094 1681 HB 1727 734 5389 HB 1728 735 5393 HB 1729 1226 6449 HB 1730 641 4840 HB 1731 1275 6587 HB 1732 808 5591 HB 1733 917 1207 HB 1737 1095 6289 HB 1738 1171 6419 HB 1739 998 1296 HB 1740 679 5078 HB 1744 736 5395 HB 1746 738 5399 HB 1750 1221 2197 HB 1753 1062 1554 HB 1756 1306 2452 HB 1757 1276 6590 HB 1759 807 1027 HB 1762 1344 6714 HB 1763 1392 2939 HB 1764 651 4887 HB 1765 652 4889 HB 1766 653 4896 HB 1767 Vetoed HB 1768 737 5397 HB 1769 1393 2942 HB 1770 739 5401 HB 1771 740 5403 HB 1772 660 4936 HB 1773 741 5405 HB 1774 764 5476 HB 1777 1067 6272 HB 1779 1153 2043 HB 1780 1365 7003 HB 1785 1366 7007 HB 1786 868 5735 HB 1787 869 5741 HB 1789 1345 6750 HB 1796 999 1298 HB 1799 742 5407 HB 1800 806 5585 HB 1803 664 4984 HB 1812 1431 3303 HB 1814 1084 1656 HB 1816 918 1208 HB 1817 897 1204 HB 1818 763 910 HB 1821 1031 1438 HB 1832 898 5868 HB 1833 919 6048 HB 1837 Vetoed HB 1839 654 4898 HB 1846 1325 2518 HB 1847 1307 2461 HB 1849 762 5472 HB 1852 694 5180 HB 1858 920 1210 HB 1859 761 5470 HB 1860 1063 1556 HB 1862 760 5466 HB 1864 759 5464 HB 1865 758 5459 HB 1871 1326 2519 HB 1873 1224 2201 HB 1876 757 5457 HB 1878 921 1211 HB 1879 922 1212 HB 1881 923 1213 HB 1882 924 1214 HB 1887 648 4873 HB 1888 649 4880 HB 1891 1096 1683 HB 1892 879 1187 HB 1893 880 1188 HB 1894 881 1189 HB 1895 1097 1684 HB 1896 882 1190 HB 1897 883 1191 HB 1898 884 5778 HB 1899 1308 2464 HB 1903 832 5615 HB 1904 1309 2467 HB 1911 756 5452 HB 1912 1140 1936 HB 1913 665 4991 HB 1914 1310 2470 HB 1916 695 5183 HB 1919 755 5450 HB 1920 754 5444 HB 1921 753 5436 HB 1924 696 5221 HB 1926 1227 6456 HB 1928 752 5433 HB 1929 1394 2946 HB 1931 1381 2772 HB 1934 Vetoed HB 1935 751 5430 HB 1936 750 5427 HB 1941 1172 6435 HB 1943 1382 2776 HB 1944 749 5425 HB 1945 1173 2058 HB 1948 1174 6437 HB 1949 925 6053 HB 1951 1175 2059 HB 1954 1176 6443 HB 1958 833 5651 HB 1968 1311 2473 HB 1969 666 5020 HB 1970 667 5023 HB 1972 1228 6459 HB 1973 805 5582 HB 1974 1395 2963 HB 1977 1312 2474 HB 1978 1427 3256 HB 1979 1396 2966 HB 1980 804 5578 HB 1982 677 5062 HB 1983 803 5574 HB 1984 669 5036 HB 1985 1229 6465 HB 1986 1230 6469 HB 1987 680 5088 HB 1988 681 5094 HB 1990 1231 6471 HB 1997 1085 1657 HB 1999 670 5044 HB 2000 1098 1685 HB 2001 926 1216 HB 2002 899 5874 HB 2003 1065 6263 HB 2004 885 5782 HB 2005 911 5975 HB 2007 1339 6659 HB 2010 702 5264 HB 2011 886 5788 HB 2012 834 5684 HB 2016 835 5686 HB 2017 927 6055 HB 2019 876 5773 HB 2021 Vetoed HB 2023 1232 6474 HB 2024 1233 6481 HB 2025 928 6057 HB 2026 1415 7019 HB 2027 929 1217 HB 2031 900 5879 HB 2033 930 6058 HB 2035 1277 6592 HB 2036 1099 6294 HB 2039 1068 6274 HB 2040 887 5801 HB 2042 931 1218 HB 2043 1100 1686 HB 2044 1101 1688 HB 2045 1234 2202 HB 2046 901 5886 HB 2047 1177 2061 HB 2048 932 1219 HB 2049 1255 6548 HB 2051 933 6060 HB 2052 683 5116 HB 2054 1102 1689 HB 2055 934 6063 HB 2056 1364 6986 HB 2057 1346 2590 HB 2058 661 4958 HB 2060 1235 6484 HB 2062 1278 6601 HB 2063 1103 6300 HB 2064 1122 6329 HB 2067 902 5888 HB 2068 889 5814 HB 2069 1064 6249 HB 2070 935 6068 HB 2071 1236 6500 HB 2073 1104 6305 HB 2074 903 5892 HB 2075 1279 6604 HB 2076 904 5902 HB 2077 1347 6764 HB 2078 936 6071 HB 2079 937 6080 HB 2080 938 6083 HB 2081 1105 6308 HB 2082 1066 6269 HB 2086 1106 6310 HB 2087 684 5130 HB 2090 870 5748 HB 2091 1107 6312 HB 2092 888 5810 HB 2094 1086 1668 HB 2096 939 6092 HB 2098 941 6101 HB 2099 940 6096 HB 2100 1237 6502 HB 2101 942 6107 HB 2102 1363 6951 HB 2103 1348 6774 HB 2104 890 5823 HB 2106 891 5827 HB 2107 1349 6809 HB 2108 1238 6506 HB 2109 1280 6606 HB 2110 697 5230 HB 2111 698 5245 HB 2112 1350 6812 HB 2113 1432 7024 HB 2114 1433 7030 HB 2115 1239 6508 HB 2122 943 6111 HB 2123 944 6114 HB 2125 945 6119 HB 2126 1351 6825 HB 2127 892 5842 HB 2133 1362 6948 HB 2134 1240 6512 HB 2135 1361 6910 HB 2137 1281 6613 HB 2138 1356 6856 HB 2139 699 5259 HB 2140 1360 6907 HB 2141 1352 6828 HB 2142 1108 6317 HB 2147 1359 6888 HB 2148 1282 6624 HB 2150 700 5262 HB 2151 1353 6845 HB 2152 1241 6514 HB 2153 1283 6629 HB 2155 1242 6519 HB 2156 946 6123 HB 2157 905 5906 HB 2159 1358 6883 HB 2160 947 6128 HB 2161 1438 7036 HB 2162 1243 6521 HB 2164 1357 6867 HB 2165 1244 6524 HB 2166 1245 6528 HB 2167 1246 6537 HB 2168 893 5862 HB 2169 1354 6849 HB 2170 748 5419 HB 2171 906 5910 HB 2172 948 6131 HB 2173 1247 6545 HB 2175 1109 6319 HB 2176 1110 6320 HB 2177 1355 6853 HB 2178 1284 6646 House Resolution Resolution Act No. Page No. HR 133 123 3125 HR 500 122 3124 HR 645 121 3122 HR 647 120 3119 HR 651 119 3118 HR 652 118 3116 HR 653 117 3115 HR 677 116 3114 HR 713 115 3113 HR 715 114 3336 HR 716 113 3111 HR 723 112 3110 HR 732 80 3329 HR 734 111 3109 HR 778 56 823 HR 787 110 3105 HR 788 109 3102 HR 789 108 3099 HR 790 107 3098 HR 829 106 3095 HR 831 105 3091 HR 838 104 3090 HR 839 103 3088 HR 840 81 3333 HR 841 82 3056 HR 843 83 3058 HR 845 84 3059 HR 874 85 3060 HR 875 86 3062 HR 879 87 3063 HR 881 88 3064 HR 894 89 3066 HR 914 90 3069 HR 926 91 3070 HR 933 92 3071 HR 939 93 3072 HR 946 70 1882 HR 955 94 3074 HR 966 95 3075 HR 976 96 3081 HR 978 97 3082 HR 997 98 3335 HR 1008 99 3083 HR 1010 100 3084 HR 1017 101 3085 HR 1029 102 3087 Senate Bill Act No. Page No. SB 17 Vetoed SB 33 1030 1436 SB 47 1211 2147 SB 61 817 1037 SB 81 1435 3311 SB 92 1313 2476 SB 108 1000 1301 SB 119 1419 3212 SB 122 849 1139 SB 144 658 480 SB 149 1001 1303 SB 155 1418 3211 SB 159 1178 2062 SB 164 1179 2065 SB 166 850 1141 SB 168 1437 3318 SB 173 1029 1434 SB 174 689 827 SB 255 1180 2066 SB 284 1002 1307 SB 292 851 1143 SB 317 1154 2046 SB 319 852 1145 SB 334 1181 2067 SB 341 1043 1491 SB 343 Vetoed SB 379 1028 1431 SB 384 949 1220 SB 388 853 1150 SB 410 Vetoed SB 415 1135 1883 SB 417 645 462 SB 445 854 1151 SB 450 856 5698 SB 460 872 1174 SB 461 1189 2098 SB 463 1044 1494 SB 465 1190 2100 SB 468 855 1153 SB 473 1012 1328 SB 474 1182 2075 SB 475 1042 1489 SB 484 Vetoed SB 486 982 1257 SB 487 1340 2556 SB 488 1416 3164 SB 489 1341 2564 SB 490 1294 2397 SB 493 1003 1310 SB 495 1041 1488 SB 496 1004 1311 SB 505 1383 2785 SB 507 1223 2200 SB 519 1212 2149 SB 520 1295 2398 SB 522 1005 1314 SB 523 831 1098 SB 524 1131 1836 SB 529 1191 2102 SB 533 1192 2103 SB 535 1412 3137 SB 536 1027 1402 SB 543 1296 2405 SB 545 1143 1963 SB 546 1013 1331 SB 548 867 5733 SB 552 1183 2087 SB 553 1040 1478 SB 554 1193 2104 SB 555 1045 1496 SB 556 950 1221 SB 559 951 6137 SB 560 674 776 SB 563 1006 1315 SB 564 1026 1395 SB 566 615 59 SB 567 673 693 SB 568 1046 1498 SB 570 857 5718 SB 571 1047 1500 SB 574 617 4649 SB 575 952 6141 SB 576 1048 6246 SB 579 1194 2105 SB 585 1297 2408 SB 587 Vetoed SB 588 1384 2829 SB 590 1151 2039 SB 591 1049 1501 SB 593 1152 2041 SB 594 1150 2034 SB 595 983 1258 SB 598 1039 1475 SB 599 1213 2151 SB 601 1298 2410 SB 602 1184 2089 SB 604 828 1061 SB 607 1050 1502 SB 614 1128 1828 SB 615 1132 1840 SB 616 1051 1504 SB 617 1299 2411 SB 618 Vetoed SB 622 Vetoed SB 623 953 6143 SB 624 631 4775 SB 625 632 4786 SB 627 823 1056 SB 628 907 5916 SB 630 1052 1507 SB 631 1185 2091 SB 633 1111 1690 SB 637 1136 1896 SB 639 1007 1320 SB 643 1025 1394 SB 644 1300 2419 SB 646 1186 2093 SB 659 634 4796 SB 660 1196 2108 SB 661 954 6146 SB 662 955 6148 SB 663 743 5409 SB 667 858 5720 SB 668 1112 6323 SB 670 820 1053 SB 672 1038 1466 SB 673 956 6150 SB 677 877 1184 SB 678 1423 3234 SB 679 791 1014 SB 680 829 1068 SB 681 819 1048 SB 682 957 1224 SB 683 1113 1692 SB 684 1114 1693 SB 685 859 5725 SB 689 744 909 SB 690 818 5602 SB 691 1338 6657 SB 692 1337 6655 SB 693 1024 1392 SB 694 958 6153 SB 699 1187 2095 SB 701 1008 1322 SB 703 1126 1810 SB 705 638 335 SB 708 745 5411 SB 709 747 5416 SB 712 860 5729 SB 713 959 6157 SB 720 821 1055 SB 723 1301 2424 SB 724 1023 1385 SB 725 1022 1362 SB 726 746 5414 SB 728 1115 1694 SB 730 1037 1465 SB 731 1009 1323 SB 735 1424 3236 SB 738 1257 2337 SB 739 960 1225 SB 740 1116 1697 SB 741 1258 2339 SB 742 1259 2340 SB 743 1260 2341 SB 747 1385 2830 SB 748 1261 2342 SB 750 1010 1325 SB 751 1302 2426 SB 754 1117 1698 SB 758 1118 1699 SB 762 1155 6337 SB 763 774 5516 SB 769 1014 1332 SB 770 1197 2111 SB 773 1188 2097 SB 774 1036 1458 SB 784 1015 1335 SB 785 961 6159 SB 787 1011 1327 SB 789 1119 1700 SB 790 1035 1445 SB 791 1303 2431 SB 792 1262 2343 SB 793 962 1226 SB 794 963 1228 SB 795 1263 2344 SB 796 1264 2345 SB 797 1265 2347 SB 798 1266 2348 SB 799 1267 2350 SB 800 964 1229 SB 801 1034 1444 SB 802 1156 2048 SB 804 965 1230 SB 805 1268 2351 SB 806 1157 2049 SB 807 1158 2051 SB 808 1159 2052 SB 809 1160 2054 SB 811 1021 1357 SB 813 966 6162 SB 818 1161 6346 SB 819 1162 6349 SB 820 967 6164 SB 823 968 6175 SB 824 969 6180 SB 825 908 5918 SB 826 970 6218 SB 827 971 6221 SB 831 1133 1855 SB 832 972 1231 SB 834 1195 2106 SB 838 973 1232 SB 848 974 6224 SB 850 1163 6352 SB 851 822 5608 SB 855 1164 6354 SB 856 798 5558 SB 858 975 6237 SB 859 1120 6327 SB 860 824 5610 SB 861 976 6241 SB 862 909 5959 SB 863 1165 6358 SB 864 825 5613 SB 865 1166 6361 SB 866 1269 6556 SB 867 910 5965 Senate Resolution Resolution Act No. Page No. SR 180 68 1607 SR 248 57 1558 SR 358 72 2205 SR 363 73 2206 SR 366 74 2209 SR 369 66 1601 SR 375 65 1597 SR 377 64 1594 SR 378 63 1591 SR 379 62 1587 SR 380 75 2210 SR 381 76 2213 SR 407 61 1569 SR 408 77 2220 SR 410 69 1608 SR 414 67 1604 SR 417 60 1565 SR 418 59 1562 SR 431 126 3323 SR 474 78 2223 SR 477 124 3339 SR 485 71 2203 SR 486 125 3342 SR 510 79 2225 SR 511 58 1560
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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1992 CATOOSA COUNTYBOARD OF COMMISSIONERS; DISTRICTS; ADMINISTRATIVE ASSISTANT; CHAIRMAN AND MEMBERS; COMPENSATION; MEETINGS. No. 597 (House Bill No. 1112). AN ACT To amend an Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4182), and an Act approved March 20, 1990 (Ga. L. 1990, p. 4080), so as to reapportion the commissioner districts for the purpose of electing members of the board of commissioners; to provide for an administrative assistant and the compensation and qualifications thereof; to provide for clerical assistants and the compensation thereof; to change the provisions relating to compensation of the chairman and members of the board; to provide for expenses; to change the provisions relating to notices of special sessions of the board; to provide for duties relative to submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for repeal of this Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1 . An Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4182), and an Act approved March 20, 1990 (Ga. L. 1990, p. 4080), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) For the purpose of electing members of the board of commissioners, Catoosa County shall be divided into five commissioner districts as follows: District: 1 CATOOSA COUNTY VTD: 0002 BOYNTON (Part) Tract: 0307. Block(s): 204A, 204C, 204D, 207B, 701A, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 718 VTD: 0003 FORT OGLETHORPE VTD: 0004 LAKEVIEW (Part) Tract: 0306. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 304B, 305, 306, 307, 309, 310, 311, 401, 402, 403B, 404A, 404B, 404C, 404D, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 419, 423, 424, 425, 426, 427B, 428B, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519B, 519C, 520, 521 Tract: 0307. Block(s): 161B, 161C, 161D, 302B, 304, 305B, 306C, 310C, 602, 603B, 604, 605, 606, 607B VTD: 0005 WESTSIDE (Part) Tract: 0307. Block(s): 101B, 101E, 102, 157, 158, 159B, 165, 166
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District: 2 CATOOSA COUNTY VTD: 0002 BOYNTON (Part) Tract: 0303. Block(s): 502, 503, 504, 505, 514, 516, 518, 519, 525, 526 Tract: 0304. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 317, 318, 319, 320, 321, 322, 335, 336, 337, 338, 401, 402, 403, 404, 405, 414, 417, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 515, 701, 702, 703, 704, 705, 706, 707, 708, 709, 711, 712, 713, 714, 715, 716 VTD: 0004 LAKEVIEW (Part) Tract: 0305. Block(s): 301A, 301B, 315, 318, 319, 320, 321, 322, 324 Tract: 0306. Block(s): 101, 102, 103, 104, 105, 106, 108, 109, 110, 308 Tract: 0307. Block(s): 301B VTD: 0005 WESTSIDE (Part) Tract: 0304. Block(s): 210, 211, 213, 214A, 214B, 215, 216A, 216B, 218, 219, 710A, 710B Tract: 0305. Block(s): 101A, 101B, 102A, 102B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210 VTD: 0007 CHAMBERS VTD: 0008 DUNCAN PARK District: 3 CATOOSA COUNTY VTD: 0001 RINGGOLD (Part) Tract: 0301.98 Block(s): 303A, 303B, 304, 305, 316, 317, 319, 324 Tract: 0302. Block(s): 101A, 101B, 102, 103, 104, 105A, 106A,
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108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236A, 236B, 237A, 237B, 238A, 238B, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256A, 256B, 257, 258, 259, 305A, 306, 313, 314, 315A, 315B, 316, 317A, 317B, 317C, 501, 502, 503, 504A, 504B, 505, 506, 507A, 507B, 508, 509 Tract: 0303. Block(s): 401A, 401B, 402, 403, 414, 415A, 415B, 415C, 501, 510, 511, 512, 522, 523, 524 VTD: 0002 BOYNTON (Part) Tract: 0302. Block(s): 307, 308, 309, 310, 311, 312 Tract: 0304. Block(s): 123 VTD: 0011 GRAYSVILLE District: 4 CATOOSA COUNTY VTD: 0001 RINGGOLD (Part) Tract: 0303. Block(s): 101, 102, 103, 104, 105, 106, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 416, 417, 418, 419, 420, 421, 422, 423, 427, 434, 435, 436, 438, 439, 440, 441, 442, 506, 507, 508, 509, 513, 515, 517, 520, 521 Tract: 0304. Block(s): 406 VTD: 0006 CATOOSA-KEITH VTD: 0009 BLACKSTOCK VTD: 0010 WOODSTATION District: 5 The entire geographic area of Catoosa County (b) For purposes of this section:
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(1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Catoosa County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Catoosa County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Said Act is further amended by striking subsection (b) of Section 9 and inserting in lieu thereof a new subsection (b) to read as follows:
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(b) The board may employ one administrative assistant and clerical assistants as necessary. The administrative assistant shall have such qualifications as prescribed by the board with a preference given, but not required, for those persons having a college degree or at least five years' experience in county management. The administrative assistant shall be compensated in an amount to be fixed by the board but not to exceed $42,000.00 per annum for calendar year 1993. The maximum amount of such compensation shall be changed annually on January 1, beginning January 1, 1994, based on the change in the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all urban consumers on the 1982-84 equals 100 reference base over such index on January 1 of the previous year. The compensation of the other clerical assistants shall be set by the board within budgetary limits. Section 3 . Said Act is further amended by striking Section 9A of said Act and inserting in lieu thereof a new Section 9A to read as follows: Section 9A. (a) Each member of the Board of Commissioners of Catoosa County shall receive an annual salary for calendar year 1993 of $8,000.00 to be paid in equal monthly installments from the funds of Catoosa County. The chairman of the board shall receive an annual salary for calendar year 1993 of $12,000.00 to be paid in equal monthly installments from the funds of the county. The amount of the compensation of the chairman and members of the board shall be changed annually on January 1, beginning January 1, 1994, based on the change in the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all urban consumers on the 1982-84 equals 100 reference base over such index on January 1 of the previous year. The members and chairman of the board shall also be reimbursed by the county for their actual expenses they may incur in the performance of the official duties of their office. (b) The board shall maintain an office at the courthouse to be kept open from 9:00 A.M. to 5:00 P.M. Monday through Friday, except holidays.
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(c) The board of commissioners shall meet on the first Tuesday of every month at the courthouse. The board shall have the right to hold special sessions when, in its discretion, the business of the county may require. Special sessions shall be called by the chairman or by a majority of the board, provided that each board member and the official organ of the county shall be given reasonable notice prior to any such special meeting. Three members of the board shall constitute a quorum at any regular or special session of the board. Section 4 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Catoosa County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except Sections 2 and 3, which shall become effective January 1, 1993, unless this Act is repealed pursuant to Section 4 of this Act prior to such date. 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating the office of Commissioner of Catoosa County, approved February 12, 1943 (Ga. L. 1943, p. 858), as amended; for the reapportionment of the commission districts, and for other purposes.
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This 18th day of December, 1991. McCracken Poston, Jr. State Representative, District 2 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: December 25, 1991. /s/ McCracken Poston, Jr., Representative, 2nd District Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 6, 1992. OGLETHORPE COUNTYBOARD OF EDUCATION; DISTRICTS. No. 598 (House Bill No. 1163). AN ACT To amend an Act providing for the election of members of the Board of Education of Oglethorpe County, approved March 31, 1967 (Ga. L. 1967, p. 2370), as amended, particularly by an Act approved February 13, 1986 (Ga. L. 1986, p. 3568), so
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as to change the descriptions of the education districts of the board and provide for definitions and inclusions of parts of education districts; to provide for the submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the election of members of the Board of Education of Oglethorpe County, approved March 31, 1967 (Ga. L. 1967, p. 2370), as amended, particularly by an Act approved February 13, 1986 (Ga. L. 1986, p. 3568), is amended by striking subsections (b) and (c) thereof and inserting in their places new subsections to read as follows: (b) For purposes of electing members of the board under Section 4 of this Act, Oglethorpe County shall be divided into five education districts as follows: Education District: 1 OGLETHORPE COUNTY VTD: 0001 CRAWFORD (Part) Tract: 9602. Block(s): 312, 313, 314, 315A, 315B, 317, 334A, 334B, 335, 336, 337, 338, 342, 343, 344A, 344B, 345A, 345B VTD: 0002 FALLING CREEK (Part) Tract: 9602. Block(s): 659 Tract: 9603. Block(s): 124, 125, 126, 127, 129, 130, 131, 132, 133A, 133B, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 158, 159, 160, 161, 162, 163, 164A, 164B, 165A, 165B, 166, 167, 168, 169A, 169B, 170, 171, 172, 173A, 173B, 174A, 174B, 175A, 175B, 176, 177, 178, 179, 180, 181, 182, 183, 184 VTD: 0008 WOLFSKIN VTD: 0009 WOODSTOCK
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Education District: 2 OGLETHORPE COUNTY VTD: 0003 GLADE AND GOOSEPOND (Part) Tract: 9601. Block(s): 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 137, 138, 142, 143, 144, 145, 146, 147, 148, 149, 163, 164, 165, 166, 167, 197, 201, 202, 203, 204, 205, 206, 207, 208, 214, 215, 221, 222, 223, 224, 225, 226, 227, 228, 233, 235, 237, 238, 239, 248 VTD: 0004 GROVE CREEK VTD: 0006 LEXINGTON (Part) Tract: 9602. Block(s): 401, 402, 403, 404, 406, 413, 417, 418, 419, 420, 421A, 421B, 423A, 423B, 424A, 424B, 425, 535, 539 Education District: 3 OGLETHORPE COUNTY VTD: 0007 PLEASANT HILL VTD: 0010 BEAVERDAM (Part) Tract: 9602. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 226, 228, 229, 230, 231, 232 Education District: 4 OGLETHORPE COUNTY VTD: 0001 CRAWFORD (Part) Tract: 9602. Block(s): 239, 302, 303, 308, 309, 310, 311, 316A, 316B, 318A, 318B, 319, 320A, 320B, 321, 322A, 322B, 323, 324, 325, 326, 327, 328, 329, 330A, 330B, 331, 332, 333A, 333B, 339, 340, 341, 346, 347, 348, 502, 503A, 503B, 504, 505, 506A, 506B, 506C, 507A, 507B, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518A, 518B, 519A, 519B, 520A,
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522, 523, 524, 525, 526, 527, 528, 529A, 601, 602, 603A, 603B, 604, 605, 606A, 676, 677, 678 VTD: 0010 BEAVERDAM (Part) Tract: 9602. Block(s): 225, 227, 233, 234, 235, 236, 237, 238 Education District: 5 OGLETHORPE COUNTY VTD: 0002 FALLING CREEK (Part) Tract: 9602. Block(s): 654, 655, 656, 675 VTD: 0003 GLADE AND GOOSEPOND (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 136, 139, 140, 141, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 229, 230, 231, 232, 249, 250, 251, 252, 253, 254 VTD: 0006 LEXINGTON (Part) Tract: 9602. Block(s): 145, 146, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 301, 304, 305, 306, 307, 405, 407, 408, 409, 410, 411, 412, 414, 415, 416, 422, 426, 427, 428, 429, 430, 431, 432, 433A, 433B, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 501, 520B, 521, 529B, 530, 531, 532A, 532B, 533, 534, 536, 537, 538A, 538B, 540A, 540B, 541, 542, 543, 544A, 544B, 545A, 545B, 546A, 546B, 547, 548, 549, 657, 658, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674 Tract: 9603. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117 (c) For purposes of this section:
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(1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Oglethorpe County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Oglethorpe County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (d) Education Districts 1, 2, 3, 4, and 5 as they existed on January 1, 1992, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this section, and on and after the date this
Page 4513
subsection becomes effective in 1992, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Oglethorpe County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 Legislation shall be introduced in the 1992 session of the Georgia General Assembly on behalf of Oglethorpe County, to provide for changing Board of Commissioners and Board of Education District Lines based on reapportionment and the 1990 Census; to provide for effective dates; to repeal conflicting laws; and for other purposes. This the 18th day of December, 1991. Honorable Charles Yeargin Representative, 14th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Yeargin, who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oglethorpe Echo, which is the official organ of Oglethorpe County, on the following date: December 19, 1991.
Page 4514
/s/ Charles W. Yeargin Representative, 14th District Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 6, 1992. OGLETHORPE COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 599 (House Bill No. 1164). AN ACT To amend an Act creating a Board of Commissioners of Oglethorpe County, approved February 13, 1986 (Ga. L. 1986, p. 3586), as amended, so as to change the description of the commissioner districts and provide for definitions and for inclusions of parts of commissioner districts; to provide for the submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; 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 Oglethorpe County, approved February 13, 1986 (Ga. L. 1986, p. 3586), as amended, is amended by striking Section 2 thereof and inserting in its place a new section to read as follows: Section 2. (a) For the purpose of electing the members of the board other than the chairman, Oglethorpe
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County shall be divided in five commissioner districts as follows: Commissioner District: 1 OGLETHORPE COUNTY VTD: 0001 CRAWFORD (Part) Tract: 9602. Block(s): 312, 313, 314, 315A, 315B, 317, 334A, 334B, 335, 336, 337, 338, 342, 343, 344A, 344B, 345A, 345B VTD: 0002 FALLING CREEK (Part) Tract: 9602. Block(s): 659 Tract: 9603. Block(s): 124, 125, 126, 127, 129, 130, 131, 132, 133A, 133B, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 158, 159, 160, 161, 162, 163, 164A, 164B, 165A, 165B, 166, 167, 168, 169A, 169B, 170, 171, 172, 173A, 173B, 174A, 174B, 175A, 175B, 176, 177, 178, 179, 180, 181, 182, 183, 184 VTD: 0008 WOLFSKIN VTD: 0009 WOODSTOCK Commissioner District: 2 OGLETHORPE COUNTY VTD: 0003 GLADE AND GOOSEPOND (Part) Tract: 9601. Block(s): 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 137, 138, 142, 143, 144, 145, 146, 147, 148, 149, 163, 164, 165, 166, 167, 197, 201, 202, 203, 204, 205, 206, 207, 208, 214, 215, 221, 222, 223, 224, 225, 226, 227, 228, 233, 235, 237, 238, 239, 248 VTD: 0004 GROVE CREEK VTD: 0006 LEXINGTON (Part) Tract: 9602. Block(s): 401, 402, 403, 404, 406, 413, 417, 418, 419, 420, 421A, 421B, 423A, 423B, 424A, 424B, 425, 535, 539
Page 4516
Commissioner District: 3 OGLETHORPE COUNTY VTD: 0007 PLEASANT HILL VTD: 0010 BEAVERDAM (Part) Tract: 9602. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 226, 228, 229, 230, 231, 232 Commissioner District: 4 OGLETHORPE COUNTY VTD: 0001 CRAWFORD (Part) Tract: 9602. Block(s): 239, 302, 303, 308, 309, 310, 311, 316A, 316B, 318A, 318B, 319, 320A, 320B, 321, 322A, 322B, 323, 324, 325, 326, 327, 328, 329, 330A, 330B, 331, 332, 333A, 333B, 339, 340, 341, 346, 347, 348, 502, 503A, 503B, 504, 505, 506A, 506B, 506C, 507A, 507B, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518A, 518B, 519A, 519B, 520A, 522, 523, 524, 525, 526, 527, 528, 529A, 601, 602, 603A, 603B, 604, 605, 606A, 676, 677, 678 VTD: 0010 BEAVERDAM (Part) Tract: 9602. Block(s): 225, 227, 233, 234, 235, 236, 237, 238 Commissioner District: 5 OGLETHORPE COUNTY VTD: 0002 FALLING CREEK (Part) Tract: 9602. Block(s): 654, 655, 656, 675 VTD: 0003 GLADE AND GOOSEPOND (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 136, 139, 140, 141, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193,
Page 4517
194, 195, 196, 229, 230, 231, 232, 249, 250, 251, 252, 253, 254 VTD: 0006 LEXINGTON (Part) Tract: 9602. Block(s): 145, 146, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 301, 304, 305, 306, 307, 405, 407, 408, 409, 410, 411, 412, 414, 415, 416, 422, 426, 427, 428, 429, 430, 431, 432, 433A, 433B, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 501, 520B, 521, 529B, 530, 531, 532A, 532B, 533, 534, 536, 537, 538A, 538B, 540A, 540B, 541, 542, 543, 544A, 544B, 545A, 545B, 546A, 546B, 547, 548, 549, 657, 658, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674 Tract: 9603. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown
Page 4518
on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Oglethorpe County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Oglethorpe County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Commissioner Districts 1, 2, 3, 4, and 5 as they existed on January 1, 1992, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this section, and on and after the date this subsection becomes effective in 1992, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Oglethorpe County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 4519
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Legislation shall be introduced in the 1992 session of the Georgia General Assembly on behalf of Oglethorpe County, to provide for changing Board of Commissioners and Board of Education District Lines based on reapportionment and the 1990 Census; to provide for effective dates; to repeal conflicting laws; and for other purposes. This the 18th day of December, 1991. Honorable Charles Yeargin Representative, 14th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Yeargin, who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oglethorpe Echo, which is the official organ of Oglethorpe County, on the following date: December 19, 1991. /s/ Charles W. Yeargin Representative, 14th District Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 6, 1992.
Page 4520
CITY OF WRENSCOUNCILMEN; ELECTIONS; TERMS. No. 600 (House Bill No. 1455). AN ACT To amend an Act incorporating the City of Wrens in Jefferson County, approved December 17, 1901 (Ga. L. 1901, p. 722), as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the city councilmen; to provide for election procedures; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act incorporating the City of Wrens in Jefferson County, approved December 17, 1901 (Ga. L. 1901, p. 722), 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 city councilmen elected pursuant to Code Section 21-3-61 of the O.C.G.A. in November, 1989, whose terms normally expire on December 31, 1993, shall remain in office until December 31, 1993, and until such city councilmen's respective successors are elected and qualified. On the Tuesday next following the first Monday in November of 1993, and every four years thereafter, the successors to such city councilmen shall be elected and shall serve for terms of office of four years and until such city councilmen's respective successors are elected and qualified and shall take office on the first day of January following such city councilmen's election. (b) The term of office of the city councilman elected pursuant to Code Section 21-3-61 of the O.C.G.A. in November, 1990, which office was held by Spence C. Norton on January 1, 1991, which term normally expires on December 31, 1993, shall not expire until December 31, 1995, and until such city councilman's successor is elected and qualified. On
Page 4521
the Tuesday next following the first Monday in November of 1995, and every four years thereafter, the successor to such city councilman shall be elected and shall serve for a term of office of four years and until such city councilman's successor is elected and qualified and shall take office on the first day of January following such city councilman's election. (c) The city councilman elected pursuant to Code Section 21-3-61 of the O.C.G.A. in November, 1990, which office was held by Robert C. Stephens on January 1, 1991, whose term normally expires on December 31, 1993, shall remain in office until December 31, 1993, and until such city councilman's successor is elected and qualified. On the Tuesday next following the first Monday in November of 1993, and every four years thereafter, the successor to such city councilman shall be elected and shall serve for a term of office of four years and until such city councilman's successor is elected and qualified and shall take office on the first day of January following such city councilman's election. (d) The mayor and city councilman elected pursuant to Code Section 21-3-61 of the O.C.G.A. in November, 1991, whose terms normally expire on December 31, 1995, shall remain in office until December 31, 1995, and until such mayor's and city councilman's respective successors are elected and qualified. On the Tuesday next following the first Monday in November of 1995, and every four years thereafter, the successors to such mayor and city councilman shall be elected and shall serve for terms of office of four years and until their respective successors are elected and qualified and shall take office on the first day of January following such mayor's and city councilman's 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Wrens in Jefferson County, approved December 17, 1901 (Ga. L. 1901, p. 722), as amended; and for other purposes. This 20th day of January, 1992. Honorable Emory E. Bargeron Representative, 108th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron, who, on oath, deposes and says that he is Representative from the 108th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Farmer, which is the official organ of Jefferson County, on the following date: January 22, 1992. /s/ E. E. Bargeron Representative, 108th District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved February 13, 1992.
Page 4523
LIBERTY COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 601 (House Bill No. 1251). AN ACT To amend an Act creating the board of commissioners of Liberty County, approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved February 10, 1986 (Ga. L. 1986, p. 3557), so as to provide for new commissioner districts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the board of commissioners of Liberty County, approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved February 10, 1986 (Ga. L. 1986, p. 3557), is amended by striking in its entirety subsection (b) of Section 1 and inserting in lieu thereof the following: (b) For the purpose of electing the chairman and the other six members of the board of commissioners, Liberty County shall be divided into seven commissioner districts described as follows: District 1 Beginning at a point where U.S. Highway 17 intersects Lake George Road. Thence south along Highway 17 to Baker Swamp Road; Thence west along Baker Swamp Road to State Highway 196; Thence west along Highway 196 to Rogers Pasture Road; Thence north along Rogers Pasture Road to the CSX Railroad; Thence south along the CSR Railroad to Baker Swamp; Thence north along Baker Swamp to the Ft. Stewart Reservation Boundary; Thence south along the Ft. Stewart Reservation Boundary to the Goshen Swamp; Thence north along the Goshen Swamp to the Big Swamp; Thence east along the Big Swamp to Georgia State Highway 144; Thence south along Georgia Highway 144 to Ft. Stewart
Page 4524
Road number 47; Thence south on Ft. Stewart Road number 47 to Lorrane Avenue; Thence west along Lorrane Avenue to New Guinea Street; Thence south along New Guinea Street to Austin Road; Thence south on Austin Road to Murray Avenue; Thence east on Murray Avenue to Ft. Stewart Road 47; Thence south on Ft. Stewart 47 to the Flemington City Limits; Thence east along the Flemington City Limits to the Peacock Canal; Thence south along the Peacock Canal to U.S. Highway 84; Thence east along U.S. Highway 84 to the Holmestown Road; Thence south on the Holmestown Road to the Goshen Swamp; Thence west along the Goshen Swamp to the CSX Railroad; Thence west on the CSX Railroad to the City Limits of Allenhurst; Thence south along the City Limits of Allenhurst to County Road 170; Thence south along County Road 170 to the Liberty - Long County Line; Thence east along the Liberty - Long County Line to the McIntosh County Line and South Newport River; Thence southeast along the South Newport River to St. Catherines Island; Thence north along the Atlantic Ocean to St. Catherines Sound; Thence northwest through the Medway, Laurel View, and Jerico Rivers (The Liberty County - Bryan County Line) to the Gress River; Thence west along the Gress River to CSX Railroad; Thence north along the CSX railroad to the Lake George Road; Thence west on the Lake George Road to point of beginning. District 2 Beginning at a point where Airport Road intersects Kelly Drive; Thence north along Kelly Drive to the Hinesville City limits; Thence east along the Hinesville City limits to the Allenhurst City limits; Thence east along the Allenhurst City limits to the CSX Railroad; Thence north along the CSX Railroad to Franklin Street; Thence east along Franklin Street to Stafford Street; Thence east along Stafford Street to General Screven Road; Thence north along General Screven Road to the Fort Stewart boundary; Thence west along the Fort Stewart boundary to the Hinesville City limits; Thence south along Hinesville City limits to State Highway 196; Thence west along State Highway 196 to Airport Road; Thence south on Airport Road to point of beginning.
Page 4525
District 3 Beginning at a point where Georgia Highway 144 intersects Georgia Highway 119; Thence north along Georgia 119 to the Liberty County - Bryan County line; Thence west along the Liberty - Bryan line to it's intersection with the Long County line; Thence south along the Liberty County - Long County line to the Walthourville City limits; Thence east along the Walthourville City limits to Georgia Highway 119; Thence north along Georgia Highway 119 to Georgia Highway 196; Thence northeast on Georgia Highway 196 to the Hinesville City limits; Thence north along the Hinesville City limits to the Fort Stewart boundary; Thence east along the Fort Stewart boundary to Georgia Highway 119; Thence north along Georgia Highway 119 to point at beginning. District 4 Beginning at a point where the Jerico River intersects the Gress River; Thence west along the Gress River to the CSX Railroad; Thence north along the CSX Railroad to Limerick Road; Thence northwest on Limerick Road to U.S. Highway 17; Thence south on U.S. Highway 17 to Baker Swamp Road; Thence northwest on Baker Swamp Road to Georgia Highway 196; Thence west on Georgia Highway 196 to Rogers Pasture Road; Thence north on Rogers Pasture Road to the CSX Railroad; Thence southwest on the CSX Railroad to Baker Swamp; Thence north along Baker Swamp to the Fort Stewart Boundary; Thence south along the Fort Stewart boundary to the Goshen Swamp; Thence north along the Goshen Swamp to the Big Swamp; thence north along the Big Swamp to Georgia Highway 144; Thence southwest on Georgia Highway 144 to Fort Stewart Road 47; Thence south on Fort Stewart Road 47 to Loraine Avenue; Thence west on Loraine Avenue to New Guinea Street; Thence south on New Guinea Street to Austin Road; Thence south on Austin Road to Baker Road; Thence east along Baker Road to Murray Avenue; Thence east on Murray Avenue to Fort Stewart Road 47; Thence south on Fort Stewart Road 47 to Old Sunbury Road and Flemington City limits; Thence south along the Flemington City limits to Peacock Canal; Thence south along Peacock Canal to U.S. Highway
Page 4526
84; Thence southeast along U.S. Highway 84 to the Holmestown Road; Thence south along the Holmestown Road to the Goshen Swamp; Thence west along the Goshen Swamp to the CSX Railroad; Thence south west along the CSX Railroad to Gouldins Creek; Thence south along Gouldins Creek to the Allenhurst City limits; Thence north along the Allenhurst City limits to U.S. Highway 84; Thence east on U.S. Highway 84 to South Main Street Extension; Thence north on South Main Street Extension to Cherokee Circle; Thence east on Cherokee Circle to U.S. Highway 84; Thence east on U.S. Highway 84 to Frasier Drive; Thence south on Frasier Drive to Forrest Street; Thence south on Forrest Street to Grey Fox Road; Thence east on Gray Fox Road to Sandy Run Drive; Thence north on Sandy Run Drive to Tupelo Trail; Thence east on Tupelo Trail to Peacock Canal; Thence northeast on Peacock Canal to the Flemington City limits; Thence north along Flemington City limits to Peacock Canal; Thence north along Peacock Canal to Fort Stewart Boundary; Thence west along Fort Stewart boundary to 4th Street; Thence north on 4th Street to Bultman Avenue; Thence west on Bultman Avenue to East First Street; Thence north on East First Street to Hase Road; Thence northeast on Hase Road to Niles Avenue; Thence east on Niles Avenue to French Road; Thence north on French Road to Coe Avenue; Thence northwest on Coe Avenue to the Central Drainage Canal of Fort Stewart; Thence north along the Central Drainage Canal to Georgia Highway 144; Thence west along Georgia Highway 144 to Georgia Highway 119; Thence along Georgia Highway 119 to the Liberty County - Bryan County line; Thence southeast along the Liberty - Bryan line to the point of beginning. District 5 Beginning at a point where Dunlevie Road intersects the Liberty County - Long County Line; Thence north along Dunlevie Road to the Allenhurst City Limits; Thence north along the Allenhurst City Limits to U.S. Highway 84; Thence east along U.S. Highway 84 to South Main Street Extension; Thence east on South Main Street Extension to Cherokee Circle; Thence southeast on Cherokee Circle to U.S. Highway 84; Thence east on U.S. Highway 84 to General Screven
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Way; Thence west on General Screven Way to Welborn Street; Thence north on Welborn Street to Rebecca Street; Thence north on Rebecca Street to Mills Avenue; Thence east on Mills Avenue to Main Street; Thence north on Main Street to General Stewart Road; Thence west General Stewart Road to Stewart Terrace; Thence west on Stewart Terrace to General Stewart Road; Thence west on General Stewart Road to Ft. Stewart Boundary; Thence south along Ft. Stewart Boundary to General Screven Way; Thence south along General Screven Way to Stafford Street; Thence west on Stafford Street to Franklin Street; Thence west on Franklin Street to the CSX Railroad; Thence south along the CSX Railroad to the Allenhurst City Limits; Thence west along the Allenhurst City Limits to the Hinesville City Limits; Thence west along the Hinesville City Limits to Kelly Drive; Thence southwest along Kelly Drive to Airport Road; Thence south along Airport Road to the Walthourville City Limits; Thence west along the Walthourville City Limits to the Liberty County - Long County Line; Thence southeast along the Liberty County - Long County Line to point of beginning. District 6 Beginning at a point where U.S. Highway 84 intersects General Screven Way; Thence east along U.S. Highway 84 to Frasier Drive; Thence southeast on Frasier Drive to Forrest Street; Thence east on Forrest Street to Grey Fox Road; Thence northeast on Grey Fox Road to Sandy Run Drive; Thence north on Sandy Run Drive to Tupelo Trail; Thence east on Tupelo Trail to Peacock Canal; Thence north on Peacock Canal to Flemington City Limits; Thence northwest along Flemington City Limits to Peacock Canal; Thence west along Peacock Canal to Ft. Stewart Boundary; Thence west along Ft. Stewart Boundary to 4th Street; Thence north on 4th Street to Bultman Avenue; Thence west on Bultman Avenue to East First Street; Thence north on East First Street to Hase Road; Thence northeast on Hase Road to Niles Avenue; Thence east on Niles Avenue to French Road; Thence northeast on French Road to Coe Avenue; Thence northwest on Coe Avenue to the Ft. Stewart Central Drainage Canal; Thence north on the Central Drainage Canal to Georgia
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Highway 144; Thence west on Georgia Highway 144 to State Highway 119; Thence south on State Highway 119 to the Ft. Stewart Boundary; Thence northeast along the Ft. Stewart Boundary to General Stewart Road; Thence southeast on General Stewart Road to Stewart Terrace; Thence southeast along Stewart Terrace to General Stewart Road; Thence southeast along General Stewart Road to Main Street; Thence south along Main Street to Mills Avenue; Thence west on Mills Avenue to Rebecca Street; Thence south on Rebecca Street to Welborn Street; Thence south on Welborn Street to General Screven Road; Thence southeast on General Screven Road to point of beginning. District 7 District 7 shall consist of all the territory embraced within the geographical boundaries of Liberty 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Liberty county, approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved February 10, 1986 (Ga. L. 1986, p. 3557); and for other purposes. This 2nd day of January, 1992. Honorable James M. Floyd Representative, 154th District GEORGIA FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James M. Floyd, who, on oath, deposes and says that he is Representative from the 154th District, and that the attached copy of Notice of Intention
Page 4529
to Introduce Local Legislation was published in the Coastal Courier, which is the official organ of Liberty County, on the following date: January 8, 1992. /s/ James M. Floyd Representative, 154th District Sworn to and subscribed before me, this 15th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 18, 1992. LIBERTY COUNTYBOARD OF EDUCATION; DISTRICTS; COMPENSATION. No. 602 (House Bill No. 1252). AN ACT To amend an Act entitled an Act to create the board of education of the Liberty County School District, approved February 10, 1986 (Ga. L. 1986, p. 3542), so as to provide for new education districts; to provide for compensation; to provide for submission to the United States Attorney General for approval; to provide for conditional automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act entitled an Act to create the board of education of the Liberty County School District, approved February 10, 1986 (Ga. L. 1986, p. 3542), is amended by striking
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in its entirety subsection (b) of Section 1 and inserting in lieu thereof the following: (b) For the purpose of electing the chairman and the other six members of the board of education, the Liberty County School District shall be divided into seven education districts described as follows: District 1 Beginning at a point where U.S. Highway 17 intersects Lake George Road. Thence south along Highway 17 to Baker Swamp Road; Thence west along Baker Swamp Road to State Highway 196; Thence west along Highway 196 to Rogers Pasture Road; Thence north along Rogers Pasture Road to the CSX Railroad; Thence south along the CSR Railroad to Baker Swamp; Thence north along Baker Swamp to the Ft. Stewart Reservation Boundary; Thence south along the Ft. Stewart Reservation Boundary to the Goshen Swamp; Thence north along the Goshen Swamp to the Big Swamp; Thence east along the Big Swamp to Georgia State Highway 144; Thence south along Georgia Highway 144 to Ft. Stewart Road number 47; Thence south on Ft. Stewart Road number 47 to Lorrane Avenue; Thence west along Lorrane Avenue to New Guinea Street; Thence south along New Guinea Street to Austin Road; Thence south on Austin Road to Murray Avenue; Thence east on Murray Avenue to Ft. Stewart Road 47; Thence south on Ft. Stewart 47 to the Flemington City Limits; Thence east along the Flemington City Limits to the Peacock Canal; Thence south along the Peacock Canal to U.S. Highway 84; Thence east along U.S. Highway 84 to the Holmestown Road; Thence south on the Holmestown Road to the Goshen Swamp; Thence west along the Goshen Swamp to the CSX Railroad; Thence west on the CSX Railroad to the City Limits of Allenhurst; Thence south along the City Limits of Allenhurst to County Road 170; Thence south along County Road 170 to the Liberty - Long County Line; Thence east along the Liberty - Long County Line to the McIntosh County Line and South Newport River; Thence southeast along the South Newport River to St. Catherines Island; Thence north along the Atlantic Ocean to St. Catherines Sound; Thence northwest through the
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Medway, Laurel View, and Jerico Rivers (The Liberty County - Bryan County Line) to the Gress River; Thence west along the Gress River to CSX Railroad; Thence north along the CSX railroad to the Lake George Road; Thence west on the Lake George Road to point of beginning. District 2 Beginning at a point where Airport Road intersects Kelly Drive; Thence north along Kelly Drive to the Hinesville City limits; Thence east along the Hinesville City limits to the Allenhurst City limits; Thence east along the Allenhurst City limits to the CSX Railroad; Thence north along the CSX Railroad to Franklin Street; Thence east along Franklin Street to Stafford Street; Thence east along Stafford Street to General Screven Road; Thence north along General Screven Road to the Fort Stewart boundary; Thence west along the Fort Stewart boundary to the Hinesville City limits; Thence south along Hinesville City limits to State Highway 196; Thence west along State Highway 196 to Airport Road; Thence south on Airport Road to point of beginning. District 3 Beginning at a point where Georgia Highway 144 intersects Georgia Highway 119; Thence north along Georgia 119 to the Liberty County - Bryan County line; Thence west along the Liberty - Bryan line to it's intersection with the Long County line; Thence south along the Liberty County - Long County line to the Walthourville City limits; Thence east along the Walthourville City limits to Georgia Highway 119; Thence north along Georgia Highway 119 to Georgia Highway 196; Thence northeast on Georgia Highway 196 to the Hinesville City limits; Thence north along the Hinesville City limits to the Fort Stewart boundary; Thence east along the Fort Stewart boundary to Georgia Highway 119; Thence north along Georgia Highway 119 to point at beginning. District 4 Beginning at a point where the Jerico River intersects the Gress River; Thence west along the Gress River to the
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CSX Railroad; Thence north along the CSX Railroad to Limerick Road; Thence northwest on Limerick Road to U.S. Highway 17; Thence south on U.S. Highway 17 to Baker Swamp Road; Thence northwest on Baker Swamp Road to Georgia Highway 196; Thence west on Georgia Highway 196 to Rogers Pasture Road; Thence north on Rogers Pasture Road to the CSX Railroad; Thence southwest on the CSX Railroad to Baker Swamp; Thence north along Baker Swamp to the Fort Stewart Boundary; Thence south along the Fort Stewart boundary to the Goshen Swamp; Thence north along the Goshen Swamp to the Big Swamp; thence north along the Big Swamp to Georgia Highway 144; Thence southwest on Georgia Highway 144 to Fort Stewart Road 47; Thence south on Fort Stewart Road 47 to Loraine Avenue; Thence west on Loraine Avenue to New Guinea Street; Thence south on New Guinea Street to Austin Road; Thence south on Austin Road to Baker Road; Thence east along Baker Road to Murray Avenue; Thence east on Murray Avenue to Fort Stewart Road 47; Thence south on Fort Stewart Road 47 to Old Sunbury Road and Flemington City limits; Thence south along the Flemington City limits to Peacock Canal; Thence south along Peacock Canal to U.S. Highway 84; Thence southeast along U.S. Highway 84 to the Holmestown Road; Thence south along the Holmestown Road to the Goshen Swamp; Thence west along the Goshen Swamp to the CSX Railroad; Thence south west along the CSX Railroad to Gouldins Creek; Thence south along Gouldins Creek to the Allenhurst City limits; Thence north along the Allenhurst City limits to U.S. Highway 84; Thence east on U.S. Highway 84 to South Main Street Extension; Thence north on South Main Street Extension to Cherokee Circle; Thence east on Cherokee Circle to U.S. Highway 84; Thence east on U.S. Highway 84 to Frasier Drive; Thence south on Frasier Drive to Forrest Street; Thence south on Forrest Street to Grey Fox Road; Thence east on Gray Fox Road to Sandy Run Drive; Thence north on Sandy Run Drive to Tupelo Trail; Thence east on Tupelo Trail to Peacock Canal; Thence northeast on Peacock Canal to the Flemington City limits; Thence north along Flemington City limits to Peacock Canal; Thence north along Peacock Canal to Fort Stewart Boundary; Thence west along Fort Stewart boundary to 4th Street; Thence north on 4th Street to Bultman Avenue;
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Thence west on Bultman Avenue to East First Street; Thence north on East First Street to Hase Road; Thence northeast on Hase Road to Niles Avenue; Thence east on Niles Avenue to French Road; Thence north on French Road to Coe Avenue; Thence northwest on Coe Avenue to the Central Drainage Canal of Fort Stewart; Thence north along the Central Drainage Canal to Georgia Highway 144; Thence west along Georgia Highway 144 to Georgia Highway 119; Thence along Georgia Highway 119 to the Liberty County - Bryan County line; Thence southeast along the Liberty - Bryan line to the point of beginning. District 5 Beginning at a point where Dunlevie Road intersects the Liberty County - Long County Line; Thence north along Dunlevie Road to the Allenhurst City Limits; Thence north along the Allenhurst City Limits to U.S. Highway 84; Thence east along U.S. Highway 84 to South Main Street Extension; Thence east on South Main Street Extension to Cherokee Circle; Thence southeast on Cherokee Circle to U.S. Highway 84; Thence east on U.S. Highway 84 to General Screven Way; Thence west on General Screven Way to Welborn Street; Thence north on Welborn Street to Rebecca Street; Thence north on Rebecca Street to Mills Avenue; Thence east on Mills Avenue to Main Street; Thence north on Main Street to General Stewart Road; Thence west General Stewart Road to Stewart Terrace; Thence west on Stewart Terrace to General Stewart Road; Thence west on General Stewart Road to Ft. Stewart Boundary; Thence south along Ft. Stewart Boundary to General Screven Way; Thence south along General Screven Way to Stafford Street; Thence west on Stafford Street to Franklin Street; Thence west on Franklin Street to the CSX Railroad; Thence south along the CSX Railroad to the Allenhurst City Limits; Thence west along the Allenhurst City Limits to the Hinesville City Limits; Thence west along the Hinesville City Limits to Kelly Drive; Thence southwest along Kelly Drive to Airport Road; Thence south along Airport Road to the Walthourville City Limits; Thence west along the Walthourville City Limits to the Liberty County - Long County Line; Thence southeast
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along the Liberty County - Long County Line to point of beginning. District 6 Beginning at a point where U.S. Highway 84 intersects General Screven Way; Thence east along U.S. Highway 84 to Frasier Drive; Thence southeast on Frasier Drive to Forrest Street; Thence east on Forrest Street to Grey Fox Road; Thence northeast on Grey Fox Road to Sandy Run Drive; Thence north on Sandy Run Drive to Tupelo Trail; Thence east on Tupelo Trail to Peacock Canal; Thence north on Peacock Canal to Flemington City Limits; Thence northwest along Flemington City Limits to Peacock Canal; Thence west along Peacock Canal to Ft. Stewart Boundary; Thence west along Ft. Stewart Boundary to 4th Street; Thence north on 4th Street to Bultman Avenue; Thence west on Bultman Avenue to East First Street; Thence north on East First Street to Hase Road; Thence northeast on Hase Road to Niles Avenue; Thence east on Niles Avenue to French Road; Thence northeast on French Road to Coe Avenue; Thence northwest on Coe Avenue to the Ft. Stewart Central Drainage Canal; Thence north on the Central Drainage Canal to Georgia Highway 144; Thence west on Georgia Highway 144 to State Highway 119; Thence south on State Highway 119 to the Ft. Stewart Boundary; Thence northeast along the Ft. Stewart Boundary to General Stewart Road; Thence southeast on General Stewart Road to Stewart Terrace; Thence southeast along Stewart Terrace to General Stewart Road; Thence southeast along General Stewart Road to Main Street; Thence south along Main Street to Mills Avenue; Thence west on Mills Avenue to Rebecca Street; Thence south on Rebecca Street to Welborn Street; Thence south on Welborn Street to General Screven Road; Thence southeast on General Screven Road to point of beginning. District 7 District 7 shall consist of all the territory embraced within the geographical boundaries of Liberty County.
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Section 2 . Said Act is further amended by inserting at the end of Section 2 the following: (g) The chairman and members of the board of education shall receive $75.00 per meeting, and the chairman shall receive in addition to such amount $150.00 per month. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Liberty County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 session of the General Assembly of Georgia a bill to amend an Act to create the Board of Education of the Liberty County School District, approved February 10, 1986 (GA. L. 1986, p. 3542); and for other purposes. This 2nd day of January, 1992. Honorable James M. Floyd Representative, 154th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James M. Floyd, who, on oath, deposes and says that he is Representative from the 154th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Coastal
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Courier, which is the official organ of Liberty County, on the following date: January 8, 1992. /s/ James M. Floyd Representative, 154th District Sworn to and subscribed before me, this 15th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 18, 1992. CITY OF LAKE PARKELECTIONS. No. 603 (House Bill No. 1317). AN ACT To amend an Act creating a new charter for the City of Lake Park, approved April 17, 1973 (Ga. L. 1973, p. 3074), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4123), so as to change certain provisions relating to time of election; 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 Lake Park, approved April 17, 1973 (Ga. L. 1973, p. 3074), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4123), is amended by striking subsection (b) of Section 5.10 and inserting in lieu thereof the following:
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(b) There shall be an election on the first Tuesday next following the first Monday in November, 1993, to elect the mayor and four councilmen who shall take office on January 1, 1994, to serve for terms of office expiring on December 31, 1995, and until their successors are elected and qualified. Thereafter, their successors and future successors shall be elected on the Tuesday next following the first Monday in November immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of two years and until their successors are elected and qualified. Section 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Lake Park, approved April 17, 1973 (Georgia Laws 1973, Page 3074), as amended, and for other purposes. DATED: This 15th day of January, 1992. HENRY L. REAVES State Representative District 147 Of Counsel: JOSEPH E. VALLOTTON LANGDALE, VALLOTTON, CHAPMAN LINAHAN GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves, who, on oath, deposes and says that he is Representative from the 147th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta
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Daily Times, which is the official organ of Lowndes County, on the following date: January 17, 1992. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 30th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 18, 1992. EFFINGHAM COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 604 (House Bill No. 1382). AN ACT To amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3523), so as to reapportion the commissioner districts; to provide for submission of this Act to the United States Attorney General; to provide for inclusions; to provide when this Act shall be void and repealed; 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 Roads and Revenues for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, particularly by
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an Act approved March 18, 1980 (Ga. L. 1980, p. 3523), is amended by adding a new Section 1B to read as follows: Section 1B. (a) At the general election conducted in 1994, the three members from Districts 2, 3, and 5 shall be elected for a term of four years, beginning on the first day of January, 1995, and they shall serve until their successors are elected and qualified. (b) At the general election conducted in 1992, the two members from Districts 1 and 4 shall be elected for terms of four years, beginning on the first day of January, 1993, and they shall serve until their successors are elected and qualified. (c) Successors to the initial members elected in 1992 and 1994 pursuant to subsections (a) and (b) of this section and their successors shall be elected at the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January immediately following their election for terms of office of four years and until their successors are elected and qualified. (d) The commissioner districts shall be as follows: COMMISSIONER DISTRICT NO. 1 Beginning at a point on the Great Ogeechee River where U. S. Highway 80 crosses said river. Thence in a southeasterly direction along U. S. Highway 80 to County Road 230 (Elm Street). Thence in a southeasterly direction along County Road 230 (Elm Street) to Kennedy Drive. Thence in a northeasterly direction along Kennedy Drive to County Road 244 (Shady Oaks Road). Thence in a southerly direction along County Road 244 (Shady Oaks Road) to County Road 311 (Sand Hill Road). Thence in a northeasterly direction along County Road 311 (Sand Hill Road) to County Road 156 (Blue Jay Road). Thence in an easterly direction along County Road 156 (Blue Jay Road) to County Road 157 (Midland Road). Thence in a southeasterly direction along County Road 157 (Midland Road) to Georgia Highway 30.
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Thence in a southeasterly direction along Georgia Highway 30 to the Chatham-Effingham County line. Thence in a southwesterly direction along the Effingham-Chatham County line to the Great Ogeechee River. Thence in a northerly direction along the Great Ogeechee River to U. S. Highway 80 which was the point of beginning. COMMISSIONER DISTRICT NO. 2 Beginning at a point where the Effingham-Chatham County line crosses Georgia Highway No. 30. Thence in a northwesterly direction along Georgia Highway No. 30 to County Road No. 157 (Midland Road). Thence in a northerly direction along County Road No. 157 (Midland Road) to County Road No. 156 (Blue Jay Road). Thence in a westerly direction along County Road No. 156 (Blue Jay Road) to County Road No. 311 (Sand Hill Road). Thence in a southwesterly direction along County Road No. 311 (Sand Hill Road) to County Road No. 244 (Shady Oaks Road). Thence in a northerly direction along County Road No. 244 (Shady Oaks Road) to Kennedy Drive. Thence in a southwesterly direction along Kennedy Drive to County Road 230 (Elm Street). Thence in a northwesterly direction along County Road No. 230 (Elm Street) to U. S. Highway No. 80. Thence in a northwesterly direction along U. S. Highway No. 80 to the Great Ogeechee River. Thence in a northerly direction along the Great Ogeechee River to a branch that flows from a pond on the land now or formerly of A. S. Graham which empties into said river. Thence in a northeasterly direction along said branch to County Road No. 12 (Old Louisville Road). Thence in a southerly direction along County Road No. 12 (Old Louisville Road) to County Road No. 19 (George Hurst Road). Then in a northeasterly direction along County Road No. 19 (George Hurst Road) to County Road No. 17 (Griffin Lake Road). Thence in an easterly direction along County Road No. 17 (Griffin Lake Road) to Georgia Highway No. 17. Thence in a southerly direction along Georgia Highway No. 17 to County Road No. 10 (Keith Road). Thence in a westerly direction along County Road No. 10 (Keith Road) to County Road No. 314 (Old Louisville Road). Thence in a southerly direction along County Road No. 314 (Old Louisville Road to County Road No. 6 (Brittingham Road).
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Thence in an easterly direction along County Road No. 6 (Brittingham Road) to County Road No. 7 (Archer Road). Thence in a southerly direction along County Road No. 7 (Archer Road) to Georgia Highway No. 119. Thence in an easterly direction along Georgia Highway No. 119 to West Central Boulevard. Thence in a northerly direction along West Central Boulevard to Cemetery Road. Thence in an easterly direction along Cemetery Road to Georgia Highway No. 17 (Central Boulevard). Thence in a southerly direction along Georgia Highway No. 17 (Central Boulevard) to Seventh Avenue. Then in an easterly direction along Seventh Avenue to the eastern limits of the Town of Guyton. Thence in a southerly direction along the eastern limits of the Town of Guyton to the southeast corner of the town limits. Thence in a westerly direction along the southern limits of the Town of Guyton to Georgia Highway No. 17. Thence in a southerly direction along Georgia Highway No. 17 to County Road No. 157 (Midland Road). Thence in a southeasterly direction along County Road No. 157 (Midland Road) to County Road No. 179 (Courthouse Road). Thence in a northeasterly direction along County Road No. 179 (Courthouse Road) one and two-tenths (1.2) miles to an unnamed dirt road. Thence in a southeasterly direction along said dirt road to County Road No. 175 (Low Ground Road). Thence in an easterly direction along County Road No. 175 (Low Ground Road) eight-tenths (.8) of a mile to County Road No. 177 (Horsepen Road). Thence continuing in an easterly direction along County Road No. 175 (Low Ground Road) to County Road No. 176 (McCall Road). Thence in a southerly direction along County Road No. 176 (McCall Road) to Polly's Creek. Thence in a northeasterly direction along Polly's Creek to the Central of Georgia Railroad (Southern Railway) right-of-way. Thence in a southerly direction along the Central of Georgia Railroad (Southern Railway) right-of-way to Sweighoffer Creek. Thence in an easterly direction along Sweighoffer Creek to County Road No. 143 (McCall Road). Thence in a southeasterly direction along County Road No. 143 (McCall Road) to the CSX (formerly Seaboard Coast Line) Railroad right-of-way. Thence in a southerly direction along the CSX Railroad right-of-way to the Effingham-Chatham County line. Thence in a southwesterly direction along
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the Effingham-Chatham County line to Georgia Highway No. 30 which was the point of beginning. COMMISSIONER DISTRICT NO. 3 Beginning at a point on the Great Ogeechee River where the Effingham-Screven County line intersects. Thence in an easterly direction along the Effingham-Screven County line to the Savannah River. Thence in a southeasterly direction along the Savannah River to a point where Hadden Lake Road abuts the Savannah River at Block Landing. Thence in a southwesterly direction along Hadden Lake Road to County Road No. 106 (Union Spring Cemetery Road). Thence in a southeasterly direction along County Road No. 106 (Union Spring Cemetery Road) to County Road No. 117 (Bethany Road). Thence in a westerly direction along County Road No. 117 (Bethany Road) to County Road No. 115 (Indigo Road). Thence in a westerly direction along County Road No. 115 (Indigo Road) to the CSX (formerly Seaboard Coast Line) Railroad right-of-way. Thence in a northerly direction along the CSX Railroad right-of-way to County Road No. 105 (Berryville Road). Thence in a westerly direction along County Road No. 105 (Berryville Road) to Georgia Highway No. 119. Thence in a northerly direction along Georgia Highway No. 119 to County Road No. 307 (Clyo-Kildare Road). Thence in a northwesterly direction along County Road No. 307 (Clyo-Kildare Road) to County Road No. 82 (Reedsville Road). Thence in a westerly direction along County Road No. 82 (Reedsville Road) to County Road No. 86 (Morgan Circle). Thence in a southerly direction along County Road No. 86 (Morgan Circle) to County Road No. 64 (Clyo-Shawnee Road). Thence in a southwesterly direction along County Road No. 64 (Clyo-Shawnee Road) to Ebenezer Creek (Runs Branch). Thence in a northerly direction along Ebenezer Creek (Runs Branch) to Cowpen Creek. Thence in a westerly direction along Cowpen Creek to an unnamed dirt road which forms the common boundary between Blocks 212 and 227 of Tract 0301 of VTD (Voting District) 0006, according to the United States decennial census of 1990 Map for Effingham County. Thence in a northerly direction along said unnamed dirt road to the southern boundary of Block No. 226, said Tract and VTD
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(Voting District). Continuing thence in a northeasterly direction along said unnamed dirt road which also forms the common boundary between said Blocks 212 and 226 to County Road No. 69 (Corinth Church Road). Thence in an easterly direction along County Road No. 69 (Corinth Church Road) to Ebenezer Creek (Runs Branch). Thence in a northwesterly direction along Ebenezer Creek (Runs Branch) to Devil's Branch. Thence in a southwesterly direction along the run of Devil's Branch to County Road No. 58 (Springfield Road). Thence in a southerly direction along County Road No. 58 (Springfield Road) to County Road No. 69 (Corinth Church Road). Thence in a westerly direction along County Road No. 69 (Corinth Church Road) to County Road No. 38 (Bird Road). Thence in a westerly direction along County Road No. 38 (Bird Road) to County Road No. 35 (also Bird Road). Thence in a southwesterly direction along County Road No. 35 (Bird Road) to County Road No. 33 (Old Dixie Highway). Thence in a southeasterly direction along County Road No. 33 (Old Dixie Highway) to County Road No. 58 (also Old Dixie Highway). Thence in a southerly direction along County Road No. 58 (Old Dixie Highway) to County Road No. 63 (Elbert Arnsdorf Road). Thence in a westerly direction along County Road No. 63 (Elbert Arnsdorf Road) to Georgia Highway No. 21. Thence in a southeasterly direction along Georgia Highway No. 21 to a branch flowing in a northeasterly direction into Turkey Branch. Thence in a southwesterly direction along the run of said branch to County Road No. 52 (Springfield-Egypt Road). Thence in a southeasterly direction along County Road No. 52 (Springfield-Egypt Road) to County Road No. 53 (Boaen Road). Thence in a southwesterly direction along County Road No. 53 (Boaen Road) to County Road No. 313 (Springfield-Tusculum Road). Thence in an easterly direction along County Road No. 313 (Springfield-Tusculum Road) to Georgia Highway No. 21. Thence in a southeasterly direction along Georgia Highway No. 21 to the western limits of the Town of Springfield. Thence in a southerly direction along the western limits of the Town of Springfield to the southwestern corner of the limits of the Town of Springfield. Thence in a northeasterly direction along the southern limits of the Town of Springfield to Spring Branch. Thence in a northeasterly direction along run of Spring Branch to the main
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line of the Central of Georgia Railroad (Southern Railway). Thence in a northwesterly direction along the main line of the Central of Georgia Railroad (Southern Railway) to Second Street. Thence in a northeasterly direction along Second Street to Ash Street. Thence in a southeasterly direction along Ash Street to Fourth Street. Thence in a southwesterly direction along Fourth Street to Maple Street. Thence in a northwesterly direction along Maple Street to Third Street. Thence in a southwesterly direction along Third Street to Georgia Highway No. 21. Thence in a southeasterly direction along Georgia Highway No. 21 to County Road No. 308 (Stillwell Road). Thence in an easterly direction along County Road No. 308 (Stillwell Road) to the eastern limits of the Town of Springfield. Thence in a southerly direction along the eastern limits of the Town of Springfield to Georgia Highway No. 21. Thence in a northwesterly direction along Georgia Highway No. 21 to County Road No. 180 (Webb Road). Thence in a southwesterly direction along County Road No. 180 (Webb Road) to the southern limits of the Town of Springfield. Thence in a northwesterly direction along the southern limits of the Town of Springfield to County Road No. 176 (McCall Road). Thence in a southerly direction along County Road No. 176 (McCall Road) to County Road No. 179 (Courthouse Road). Thence in a southwesterly direction along County Road No. 179 (Courthouse Road) to County Road No. 188 (Little McCall Road). Thence in a northwesterly direction along County Road No. 188 (Little McCall Road) to County Road No. 189. Thence in a northwesterly direction along County Road No. 189 to County Road No. 190. Thence in a northeasterly direction along County Road No. 190 to County Road No. 194. Thence in a northwesterly direction along County Road No. 194 to Georgia Highway No. 119. Thence in a westerly direction along Georgia Highway No. 119 to the eastern limits of the Town of Guyton. Thence in a northerly direction along the eastern limits of the Town of Guyton to Seventh Avenue. Thence in a westerly direction along Seventh Avenue to Georgia Highway No. 17 (Central Boulevard). Thence in a northerly direction along Georgia Highway No. 17 (Central Boulevard) to Cemetery Road. Thence in a westerly direction along Cemetery Road to West Central Boulevard. Thence in a southerly direction along West Central
Page 4545
Boulevard to Georgia Highway No. 119. Thence in a westerly direction along Georgia Highway No. 119 to County Road No. 7 (Archer Road). Thence in a northerly direction along County Road No. 7 (Archer Road) to County Road No. 6 (Brittingham Road). Thence in a westerly direction along County Road No. 6 (Brittingham Road) to County Road No. 314 (Old Louisville Road). Thence in a northerly direction along County Road No. 314 (Old Louisville Road) to County Road No. 10 (Keith Road). Thence in an easterly direction along County Road No. 10 (Keith Road) to Georgia Highway No. 17. Thence in a northerly direction along Georgia Highway No. 17 to County Road No. 17 (Griffin Lake Road). Thence in a westerly direction along County Road No. 17 (Griffin Lake Road) to County Road No. 19 (George Hurst Road). Thence in a southwesterly direction along County Road No. 19 (George Hurst Road) to County Road No. 12 (Old Louisville Road). Thence in a northerly direction along County Road No. 12 (Old Louisville Road) to a branch that flows from a pond on the land now or formerly of A. S. Graham. Thence in a southwesterly direction along the run of said branch to the Great Ogeechee River. Thence in a northerly direction along the Great Ogeechee River to the Effingham-Screven County line which was the point of beginning. COMMISSIONER DISTRICT NO. 4 Beginning at a point on the Savannah River where Georgia Highway No. 275 ends (Ebenezer Landing). Thence in a westerly direction along Georgia Highway No. 275 to County Road No. 307 (Rincon-Stillwell Road). Thence in a southwesterly direction along County Road No. 307 (Rincon-Stillwell Road) to the eastern limits of the Town of Rincon. Thence in a counterclockwise direction along the limits of the Town of Rincon to the CSX (formerly Seaboard Coast Line) Railroad right-of-way located at the southern limits of the Town of Rincon. Thence in a southerly direction along the CSX Railroad right-of-way to County Road No. 143 (McCall Road). Thence in a northwesterly direction along County Road No. 143 (McCall Road) to Sweighoffer Branch. Thence in a westerly direction along the run of Sweighoffer Branch to the Central of Georgia Railroad (Southern Railway)
Page 4546
right-of-way. Thence in a northerly direction along the Central of Georgia Railroad (Southern Railway) right-of-way to Polly's Creek. Thence in a southwesterly direction along Polly's Creek to County Road No. 176 (McCall Road). Thence in a northerly direction along County Road No. 176 to County Road No. 175 (Low Ground Road). Thence in a westerly direction along County Road No. 175 (Low Ground Road) to County Road No. 177 (Horsepen Road). Then continuing in a westerly direction along County Road No. 175 (Low Ground Road) eight-tenths (.8) of a mile to an unnamed dirt road. Thence in a northwesterly direction along said unnamed dirt road to County Road No. 179 (Courthouse Road). Thence in a southwesterly direction along County Road No. 179 (Courthouse Road) one and two-tenths (1.2) miles to County Road No. 157 (Midland Road). Thence in a northwesterly direction along County Road No. 157 (Midland Road) to Georgia Highway No. 17. Thence in a northerly direction along Georgia Highway No. 17 to the southern limits of the Town of Guyton. Thence in an easterly direction along the southern limits of the Town of Guyton to Georgia Highway No. 119. Thence in an northeasterly direction along Georgia Highway No. 119 to County Road No. 194. Thence in a southeasterly direction along County Road No. 194 to County Road No. 190. Thence in a southwesterly direction along County Road No. 190 to County Road No. 189. Thence in a southeasterly direction along County Road No. 189 to County Road No. 188 (Little McCall Road). Thence in a southeasterly direction along County Road No. 188 (Little McCall Road) to County Road No. 179 (Courthouse Road). Thence in a northeasterly direction along County Road No. 179 (Courthouse Road) to County Road No. 176 (McCall Road). Thence in a northerly direction along County Road No. 176 (McCall Road) to the southern limits of the Town of Springfield. Thence in a southeasterly direction along the southern limits of the Town of Springfield to County Road No. 180 (Webb Road). Thence in a northeasterly direction along County Road No. 180 (Webb Road) to Georgia Highway No. 21. Thence in a southeasterly direction along Georgia Highway No. 21 to the eastern limits of the Town of Springfield. Thence in a northerly direction along the eastern limits of the Town of Springfield to County Road No. 308 (Stillwell Road). Thence in a westerly direction
Page 4547
along County Road No. 308 (Stillwell Road) to Georgia Highway No. 21. Thence in a northwesterly direction along Georgia Highway No. 21 to Third Street. Thence in a northeasterly direction along Third Street to Maple Street. Thence in a southeasterly direction along Maple Street to Fourth Street. Thence in a northeasterly direction along Fourth Street to Ash Street. Thence in a northwesterly direction along Ash Street to Second Street. Thence in a southwesterly direction along Second Street to the main line of the Central of Georgia Railroad right-of-way. Thence in a southeasterly direction along the main line of the Central of Georgia Railroad right-of-way to Spring Branch. Thence in a southwesterly direction along the run of Spring Branch to the southern limits of the Town of Springfield. Thence in a southwesterly direction along the southern limits of the Town of Springfield to the southwestern corner of the limits of the Town of Springfield. Thence in a northerly direction along the western limits of the Town of Springfield to Georgia Highway No. 21. Thence in a northwesterly direction along Georgia Highway No. 21 to County Road 313 (Springfield-Tusculum Road). Thence in a northwesterly direction along County Road No. 313 (Springfield-Tusculum Road) to County Road No. 53 (Boaen Road). Thence in a northeasterly direction along County Road No. 53 (Boaen Road) to County Road No. 52 (Springfield-Egypt Road). Thence in a northwesterly direction along County Road No. 52 (Springfield-Egypt Road) to a branch flowing in a northeasterly direction into Turkey Branch. Thence in a northeasterly direction along the run of said branch to Georgia Highway No. 21. Thence in a northwesterly direction along Georgia Highway No. 21 to County Road No. 63 (Elbert Arnsdorf Road). Thence in a northeasterly direction along County Road No. 63 (Elbert Arnsdorf Road) to County Road No. 58 (Old Dixie Highway). Thence in a northerly direction along County Road No. 58 (Old Dixie Highway) to County Road No. 33 (also Old Dixie Highway). Thence in a northwesterly direction along County Road No. 33 (Old Dixie Highway) to County Road No. 35 (Bird Road). Thence in a northeasterly direction along County Road No. 35 (Bird Road) to County Road No. 38 (also Bird Road). Thence in a easterly direction along County Road No. 38 (Bird Road) to County Road No. 69 (Corinth Church Road). Thence in a easterly direction
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along County Road No. 69 (Corinth Church Road) to County Road No. 58 (Springfield Road). Thence in a northerly direction along County Road No. 58 (Springfield Road) to Devil's Branch. Thence in a northeasterly direction along the run of Devil's Branch to Ebenezer Creek (Runs Branch). Thence in a southeasterly direction along Ebenezer Creek (Runs Branch) to County Road No. 69 (Corinth Church Road). Thence in a westerly direction along County Road No. 69 (Corinth Church Road) to an unnamed dirt road which forms the common boundary between Blocks 212 and 226 in Tract 0301, VTD (Voting District) 0006, according to the United States decennial census of 1990 Map for Effingham County. Thence in a southwesterly direction along said unnamed dirt road which forms the common boundary between said Blocks 212 and 226 in said Tract and VTD (Voting District) to a point marking the eastern boundary of Block 227, said Tract and VTD (Voting District). Thence in a southerly direction along said unnamed dirt road which also forms the common boundary line between said Blocks 212 and 227 to Cowpen Creek. Thence in an easterly direction along Cowpen Creek to Ebenezer Creek (Runs Branch). Thence in a southerly direction along Ebenezer Creek (Runs Branch) to County Road No. 64 (Clyo-Shawnee Road). Thence in a northeasterly direction along County Road No. 86 (Morgan Circle). Thence in a northerly direction along County Road No. 86 (Morgan Circle) to County Road No. 82 (Reedsville Road). Thence in an easterly direction along County Road No. 82 (Reedsville Road) to County Road No. 307 (Clyo-Kildare Road). Thence in a southeasterly direction along County Road No. 307 (Clyo-Kildare Road) to Georgia Highway No. 119. Thence in a southerly direction along Georgia Highway No. 119 to County Road No. 105 (Berryville Road). Thence in an easterly direction along County Road No. 105 (Berryville Road) to the CSX (Seaboard Coast Line) Railroad right-of-way. Thence in a southerly direction along the CSX Railroad right-of-way to County Road No. 115 (Indigo Road). Thence in an easterly direction along County Road No. 115 (Indigo Road) to County Road No. 117 (Bethany Road). Thence in an easterly direction along County Road No. 117 (Bethany Road) to County Road No. 106 (Union Spring Cemetery Road). Thence in a northwesterly direction
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along County Road No. 106 (Union Spring Cemetery Road) to Hadden Lake Road. Thence in a northeasterly direction along Hadden Lake Road to Block Landing at the Savannah River. Thence in a southeasterly direction along the Savannah River to the point where Georgia Highway No. 275 ends (Ebenezer Landing) which was the point of beginning. COMMISSIONER DISTRICT NO. 5 Beginning at a point on the Savannah River where Georgia Highway No. 275 ends (Ebenezer Landing). Thence in a southerly direction along the Savannah River to the Effingham-Chatham County line. Thence in a northwesterly and westerly direction along the Effingham-Chatham County line to the CSX (formerly Seaboard Coast Line) Railroad right-of-way. Thence in a northerly direction along the CSX Railroad right-of-way to the southern limits of the Town of Rincon. Thence in a clockwise direction along the town limits of the Town of Rincon to County Road No. 307 (Rincon-Still-well Road). Thence in a northeasterly direction along County Road No. 307 (Rincon-Stillwell Road) to Georgia Highway No. 275. Thence in an easterly direction along Georgia Highway No. 275 to the point on the Savannah River where Georgia Highway No. 275 ends (Ebenezer Landing) which was the point of beginning. For purposes of this subsection: (1) Any part of Effingham County which is not included in any commissioner district described in this subsection shall shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (2) Any part of Effingham County which is described in this subsection as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such non-contiguous part shall instead be included within that commissioner district contiguous to such part which contains
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the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Effingham County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 hereby given that there will be introduced in the 1992 session of the General Assembly of Georgia a bill to establish new boundaries for the five election districts of Effingham County, Georgia. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who, on oath, deposes and says that she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald, which is the official organ of Effingham County, on the following date: January 8, 1992. /s/ Ann R. Purcell Representative, 129th District
Page 4551
Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 19, 1992. BRYAN COUNTYBOARD OF EDUCATION; DISTRICTS; TERMS; REFERENDUM. No. 605 (House Bill No. 1381). AN ACT To amend an Act providing for the election of members of the Board of Education of Bryan County, approved March 16, 1978 (Ga. L. 1978, p. 3774), so as to reapportion the education districts and posts; to provide for initial and regular terms of office; to provide for definitions and inclusions; to provide for related matters; to provide for a referendum; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the election of members of the Board of Education of Bryan County, approved March 16, 1978 (Ga. L. 1978, p. 3774), is amended by striking subsections (a), (b), (c), and (d) of Section 1 of said Act and inserting in lieu thereof the following: (a) The Board of Education of Bryan County shall be composed of six members who shall be qualified voters of Bryan County.
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(b) For the purpose of electing members of the board of education, Bryan County is divided into four education districts to be composed of that territory embraced within the following: Education District: 1 BRYAN COUNTY VTD: 0001 NINETEENTH (Part) Tract: 9201. Block(s): 126, 127, 128, 129, 137, 138, 175, 176, 177, 178, 181, 182, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241A, 241B, 242, 243A, 243B, 244, 245, 246A, 246B, 247, 248A, 248B, 249, 250, 251, 252, 253, 254, 255A, 255B, 256, 257, 258, 259, 260, 261, 262A, 262B, 263A, 263B, 264, 265, 266, 267, 268A, 268B, 269A, 269B, 270, 271A, 271B, 272A, 272B, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 354, 355A, 355B, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 372A, 374, 375, 376, 377, 378, 379A, 379B, 380A, 380B, 381A, 381B, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468 VTD: 0002 MILL CREEK (Part) Tract: 9201. Block(s): 130, 131, 132, 133, 135, 136, 139, 140, 141, 142, 143, 144, 171, 172, 173, 174, 179, 180, 183, 184, 353, 367, 368, 369, 372B, 373
Page 4553
Education District: 2 BRYAN COUNTY VTD: 0002 MILL CREEK (Part) Tract: 9201. Block(s): 125, 134, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 370, 371 VTD: 0007 BLITCHTON Education District: 3 BRYAN COUNTY VTD: 0003 RICHMOND HILL (Part) Tract: 9203. Block(s): 101, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 115C, 116, 117, 118, 119A, 119B, 120A, 120B, 121, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 137, 138A, 138B, 139, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 160A, 164, 165, 166, 167, 174, 176, 177, 189, 233A VTD: 0004 TWENTH WEST (Part) Tract: 9203. Block(s): 135B, 136, 178, 179, 180, 181A, 181B, 182, 183, 184, 185, 186, 187, 188, 190, 191, 192, 193, 194, 195, 196, 197, 213, 214, 215, 216, 217, 218, 219, 223, 224, 225, 226, 227, 228, 229, 230, 231, 233B, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251 VTD: 0006 FORT STEWART Education District: 4 BRYAN COUNTY VTD: 0003 RICHMOND HILL (Part)
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Tract: 9203. Block(s): 122, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160B, 161, 162, 163, 168, 169, 173, 175, 211, 212 VTD: 0005 FORT MCALLISTER For purposes of this subsection: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of Bryan County which is not included in any education district described in this subsection shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
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(6) Any part of Bryan County which is described in this subsection as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) For the purpose of electing the members of the board of education, there shall be six member posts on the board. The member elected to Post 1 shall be the chairman of the board and shall be elected from the county at large by the qualified voters of the entire county. The member elected to Post 2 shall be the vice-chairman of the board and shall be elected from the county at large by the qualified voters of the entire county. The member elected to Post 3 shall be a resident of Education District 1 and shall be elected by the qualified voters residing within Education District 1. The member elected to Post 4 shall be a resident of Education District 2 and shall be elected by the qualified voters residing within Education District 2. The member elected to Post 5 shall be a resident of Education District 3 and shall be elected by the qualified voters residing within Education District 3. The member elected to Post 6 shall be a resident of Education District 4 and shall be elected by the qualified voters residing within Education District 4. Candidates for election to the board shall designate the numbered post on the board for which they offer as a candidate. (d) The members serving from Posts 1, 3, and 5 immediately prior to the effective date of this Act shall serve the remainder of their respective terms which shall expire December 31, 1994, and until their respective successors are duly elected and qualified. The members serving from Posts 2 and 4 immediately prior to the effective date of this Act shall serve the remainder of their respective terms which shall expire December 31, 1992, and until their respective successors are duly elected and qualified. The new member to be elected from Post 6 shall be elected at the general election of 1992 to serve for a term of four years and until such
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member's successor is duly elected and qualified. Thereafter, all members shall be elected in the general election immediately preceding the expiration of their terms of office and shall take office on the first day of January following their election for a term of office of four years each and until their respective successors are duly elected and qualified. 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 Bryan County shall call and conduct an election for the purpose of submitting this Act to the electors of Bryan 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 Bryan County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for new education districts for the Bryan County Board of Education? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect 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 Bryan County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Bryan County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as
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amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 Session of the General Assembly of Georgia a bill to provide for the election of a six member board of education of Bryan County, with four members being elected from the respective education districts, a chairman elected at large and a vice chairman elected at large; to provide for the procedures connected with the foregoing; to provide a referendum; and for other purposes. This 22 day of January, 1992. PERRY K. BACON Superintendent GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who, on oath, deposes and says that she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Richmond Hill-Bryan County News, which is the official organ of Bryan County, on the following date: January 22, 1992. /s/ Ann R. Purcell Representative, 129th District
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Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 19, 1992. EFFINGHAM COUNTYBOARD OF COMMISSIONERS; MEMBERSHIP; ELECTIONS; TERMS; VACANCIES; COMPENSATION; CHAIRMAN; VICE CHAIRMAN. No. 608 (House Bill No. 1253). AN ACT To amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, so as to provide that the governing authority of Effingham County shall consist of six commissioners; to provide for the qualifications, elections, terms of office, and service of the members of the board; to provide for the filling of vacancies; to provide for the election and service of a chairman of the board; to provide for a vice chairman of the board; to provide for the compensation of the chairman and the members of the board; 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 Roads and Revenues for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof the following:
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Section 1. (a) The governing authority of Effingham County shall be a board of commissioners consisting of six persons, composed of a chairman and five other members. (b) The chairman may reside anywhere within Effingham County and shall be elected by a majority vote of the qualified voters of the entire county. One member shall be elected from each of the five duly constituted election districts in said county by a majority vote of the qualified voters of that election district. (c) The chairman and all members of the board of commissioners shall be nominated and elected in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the `Georgia Election Code,' as now or hereafter amended. (d) Any person seeking the chairmanship or membership on the board shall be a citizen of the United States and the State of Georgia, shall have attained the age of 30, shall be a registered voter, and shall have resided in Effingham County for at least five years immediately preceding the date of their election. Any person seeking membership on the board from one of the five duly constituted election districts shall have resided in the district from which he or she is elected for at least one year immediately preceding the date of his or her election. Only residents of a district shall vote in the election for that district. (e) The chairman and each of the other five members of the board shall serve for a term of four years beginning the first day of January immediately following his or her election. Section 2 . Said Act is further amended by striking Section 1A in its entirety and inserting in lieu thereof the following: Section 1A. (a) The first chairman elected under this Act shall be elected for a four-year term at the November, 1992, general election and shall serve until his or her successor is elected and qualified. Successors shall be elected thereafter
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at the general election immediately preceding the expiration of a term of office for a term of four years and shall serve until their successors are elected and qualified. (b) The two members elected from Districts 1 and 4 shall be elected at the November, 1992, general election for terms of four years and shall serve until their successors are elected and qualified. The three members from Districts 2, 3, and 5 shall be elected at the November, 1994, general election for terms of four years and shall serve until their successors are elected and qualified. Thereafter, all members shall be elected at the general election immediately preceding the expiration of their respective terms of office for terms of four years and shall serve until their successors are elected and qualified. (c) All members of the board of commissioners of Effingham County holding office from their respective districts on the effective date of this Act shall remain in office until such time as their successors are duly elected and qualified as provided in this Act. Section 3 . Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof the following: Section 2. The chairman shall preside at all meetings of the board. At the first regular meeting in January of each year, the board shall elect from its members a vice chairman. In the event of the death, disqualification, or resignation of the chairman, the vice chairman shall perform the duties and have the authority of the chairman until a new chairman is chosen as provided in this Act. The vice chairman shall preside at board meetings in the absence of the chairman. In the event of a vacancy in the office of vice chairman, the board shall elect a new vice chairman to serve for the remainder of the unexpired term. Section 4 . Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof the following:
Page 4561
Section 3. (a) Any vacancy in the office of chairman or member of the board for any reason other than the expiration of the term of office which occurs more than 180 days before the expiration of a term of office shall be filled by special election. (b) Any vacancy in the office of chairman or member of the board which occurs 180 days or less before the expiration of a term of office shall be filled by the remaining members of the board appointing a successor, and such appointment shall be made within 15 days after the vacancy occurs. (c) Any person elected or appointed to fill a vacancy must meet all qualifications for election to the office; and any person elected or appointed to fill a vacancy shall serve for the remainder of the unexpired term. (d) In the event a member moves his residence from the district he or she represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. (e) All elections to fill vacancies shall be conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the `Georgia Election Code.' Section 5 . Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof the following: Section 4. Each member of the board, other than the chairman, shall receive as his entire compensation for services as same, the sum of $300.00 per month. The chairman shall receive as his entire compensation for services as same, the sum of $600.00 per month. Section 6 . Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof the following: Section 5. The board of commissioners shall hold their regular meetings on the first Tuesday of each month, in the
Page 4562
Office of the Board of Commissioners of the County of Effingham. The board may meet in extraordinary session as often as the affairs of the county may require, upon call of the chairman or any other four members of the board. Section 7 . Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof the following: Section 6. The chairman shall have a vote on all matters before the board. At all meetings of the board, not less than four of said commissioners shall constitute a quorum of said board, and when only four are present, it shall require a unanimous concurrence to pass an order, transact any business or take any other action in regard to any county matter, four votes always being necessary to decide any question. Section 8 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the 1992 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, P. 466), as amended, so as to provide that the governing authority of Effingham County shall consist of six commissioners; to provide for the qualifications, elections, terms of office, and service of the members of the board; to provide for the filling of vacancies; to provide for the election and service of a chairman of the board; to provide for a vice chairman of the board; to provide for the compensation of the chairman and the members of the board; to provide for related matters, to repeal conflicting laws; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who, on oath, deposes and says that she is Representative from the 129th
Page 4563
District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald which is the official organ of Effingham County, on the following date: January 1, 1992. /s/ Ann R. Purcell Representative, 129th District Sworn to and subscribed before me, this 15th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 19, 1992. HALL COUNTYBOARD OF EDUCATION; DISTRICTS. No. 609 (House Bill No. 1352). AN ACT To amend an Act providing for and describing boundaries for the districts for the Board of Education of the Hall County School District, approved March 29, 1983 (Ga. L. 1983, p. 4553), so as to modify the description of the education districts to reflect the 1990 census figures; to provide for definitions and insertions; to provide for the submission of this Act to the United States Attorney General; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1 . An Act providing for and describing boundaries for the districts for the Board of Education of the Hall County School District, approved March 29, 1983 (Ga. L. 1983, p. 4553), is amended by striking Section 1 and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) For the purpose of electing members to the Board of Education of the Hall County School District, the Hall County School District shall be divided into four education districts as follows: Education District: 1 HALL COUNTY VTD: 0008 TADMORE (Part) Tract: 0007 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 201, 202, 203, 204, 205, 216, 217, 218, 220, 221, 223, 224 Tract: 0012. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411D, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443 VTD: 0009 GLADE VTD: 0010 LULA VTD: 0017 GAINESVILLE I (Part) Tract: 0004. Block(s): 101B, 102B, 104B, 104C, 104D, 106B, 107E, 108C, 109B, 112, 113B Tract: 0005. Block(s): 401C, 401D, 406A, 406B, 407B, 409C, 409D, 409E, 409F, 410C, 410D, 413B, 509D VTD: 0018 GAINESVILLE II (Part) Tract: 0007. Block(s): 206, 211, 212C, 213, 214, 215, 219, 222, 301C, 302, 303, 304, 305B, 306B, 307C, 307D, 307E, 308C, 309B, 310B, 311, 312B Tract: 0008.
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Block(s): 102B, 107, 108B, 108C, 109C, 110, 111E, 112, 114B, 115B, 115C, 116B, 207B, 207C VTD: 0021 RIVERBEND (Part) Tract: 0005. Block(s): 501B, 502A, 502B, 502C, 502D, 502E, 502F, 503B, 505B, 506B, 507D, 507E, 507F, 508B, 516B, 517B, 518 Tract: 0006. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314B, 315, 316B, 317, 318B, 319B, 320B, 321, 322, 323B, 324, 325B, 326, 327, 401F, 401G, 403, 404C, 404D, 405B, 406B, 407B, 407C, 407D, 409C, 415B, 415C, 418 VTD: 0022 GAINSVILLE MILL (Part) Tract: 0011. Block(s): 213C, 213D, 213E, 217B, 414C, 515B Tract: 0012. Block(s): 204B, 207B, 208B, 210B, 211, 212, 213, 214B, 215, 216, 217, 218, 219B, 220B, 222B, 223B, 224B, 225, 226, 227, 228, 229B, 229C, 229D, 230, 231C, 232B, 233B, 234B, 234C, 301B, 304, 305B, 306B, 307 Tract: 0013. Block(s): 101E, 102C, 103B, 103D, 105B, 106B, 107B, 108 VTD: 0023 NEW HOLLAND (Part) Tract: 0006. Block(s): 101, 102, 103B, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 202, 203, 204B, 204C, 205C, 205D, 205E, 206B, 208A, 208C, 209, 210, 211C, 212B, 213F, 214, 215, 217B, 218B, 220D, 220E, 221B, 222, 223D, 224, 225, 226, 227B, 228, 229B, 229C, 409D, 414B, 414C, 419, 420, 421, 422, 423, 424 Tract: 0007. Block(s): 207, 208, 209, 210 Tract: 0008. Block(s): 101, 102C, 103, 104, 105, 106, 113B, 201, 202, 203, 204, 205, 206B, 207D, 208B VTD: 0024 GILLSVILLE
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Education District: 2 HALL COUNTY VTD: 0003 OAKWOOD (Part) Tract: 0014. Block(s): 130A, 130B, 313, 314, 315A, 315B, 316A, 316B, 317A, 317B, 402A, 402B, 402C, 402D, 403A, 403B, 403C, 404, 405, 406, 407A, 407B, 408A, 408B, 408C, 408D, 409A, 409B, 410A, 410B, 411, 412, 413, 414, 415, 416, 417A, 417B, 418, 419A, 419B, 419C, 419D, 420, 421A, 421B, 421C, 422A, 422B, 423A, 423B, 424A, 424B, 425A, 425B, 426A, 426B, 426C, 428A, 428B, 428C, 429A, 429B, 430A, 430B, 431, 432, 433, 434, 501A, 501B, 501C, 501D, 502, 503, 504A, 504B, 505A, 505B, 505C, 506, 507A, 507B, 507C, 509A, 509B, 510A, 510B, 511A, 511B, 513A, 513B, 514A, 514B, 515, 516, 517, 518, 519, 601A, 601B, 602A, 602B, 602C, 603, 604A, 604B, 604C, 617, 619, 620, 621, 622, 623 Tract: 0015. Block(s): 101 VTD: 0004 FLOWERY BRANCH VTD: 0005 ROBERTS VTD: 0006 MORGAN (Part) Tract: 0013. Block(s): 202B, 203C, 203D, 204, 206B, 208A, 208B, 209A, 209B, 209C, 210A, 210B, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423 Tract: 0014. Block(s): 427, 508A, 508B, 508C, 508D, 512, 520, 521, 522, 523, 524, 525 Tract: 0016. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 129, 130, 133 VTD: 0007 CANDLER (Part)
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Tract: 0012. Block(s): 308C, 309, 310B, 310C, 311D, 311E, 312, 313, 314, 315, 316, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331B, 331C, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384 Tract: 0013. Block(s): 201B, 201C, 201D, 201E VTD: 0008 TADMORE (Part) Tract: 0012. Block(s): 423 VTD: 0022 GAINSVILLE MILL (Part) Tract: 0013. Block(s): 111C, 132B, 132C, 132D Education District: 3 HALL COUNTY VTD: 0001 WILSON (Part) Tract: 0010. Block(s): 401A, 401B, 402, 403, 404, 405B, 405C, 410B, 410C, 410D, 411B, 411C, 411D, 411E, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 501F, 502B, 503, 504, 508B, 508C, 508D, 508E, 508F, 508G, 509B, 510B, 511B, 511C, 511D, 511E, 512B, 513, 514, 515, 516B, 601B, 602B, 603, 604, 605B, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635B, 636B, 637B, 638, 639, 640, 641, 642, 643 Tract: 0014. Block(s): 102, 103A, 103B, 104A, 104B, 120A, 120B, 123A, 123B, 125A, 125B, 126 VTD: 0002 CHICOPEE (Part) Tract: 0011. Block(s): 505B, 506C, 507B, 508, 509B, 510, 511A, 511B, 511C, 512, 513C, 514, 516B, 516C, 517B,
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518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533A, 533B, 534, 535, 536, 537, 538, 539 Tract: 0013. Block(s): 103C, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127B, 128, 129, 130, 131A, 131B Tract: 0014. Block(s): 119A, 119B, 121A, 121B, 122, 127A, 127B, 127C, 128A, 128B, 128C, 128D, 128E, 129A, 129B, 131A, 131B, 132, 133, 134, 135A, 135A, 135B, 301A, 301B, 401 VTD: 0003 OAKWOOD (Part) Tract: 0014. Block(s): 136, 137, 302A, 302B, 303A, 303B, 303C, 304, 305, 310A, 310B, 311, 312A, 312B VTD: 0014 FORK (Part) Tract: 0003. Block(s): 248B, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 528, 529, 530, 531, 532, 533, 534, 536, 537, 538, 540, 541, 542, 543, 544, 545, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620B, 621, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 737, 801, 802, 803, 804B, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824 Tract: 0004. Block(s): 311B, 313B, 314B, 315B, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331 VTD: 0016 WEST WELCHEL (Part) Tract: 0004. Block(s): 208B, 211B, 212B VTD: 0019 GAINESVILLE III (Part) Tract: 0004. Block(s): 213, 214, 215, 216, 217, 218, 219B, 220C, 220E, 221, 222B, 225B, 226, 227B, 227C, 233 Tract: 0010.
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Block(s): 107B, 108B, 109B, 201B, 201C, 201D, 202B, 203B, 204B, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218B, 219B, 301C, 302B, 303, 304C, 304D, 305C, 306, 307, 309B, 309C, 309D, 309E, 309F, 309G, 312C, 312D, 313C, 313D, 313E, 314, 315, 316, 317, 318B, 319B, 319C, 319D, 319E, 320B, 321B, 322A, 322B, 323B, 323C, 324, 406B, 407B, 408, 409D, 409E, 409F, 409G, 409H, 505B, 506B, 507B Tract: 0011. Block(s): 303B, 304B, 305B, 306B, 307B, 308B, 309B, 310, 311, 312B, 313B, 314, 315, 316B, 319B, 320D, 321B, 322, 324, 325, 326B, 327B, 328, 329B, 330C, 401C, 401D, 402B, 403B, 404, 405, 406, 407B, 407C, 407D, 408, 409B, 410B, 411B, 412B, 413B, 415B, 416B, 417, 418, 419, 420, 421, 422, 423B, 424, 425B, 426B, 427B, 428, 429, 430, 431B, 501C, 501D, 501E, 501F, 502C, 503C, 504B VTD: 0020 GAINESVILLE VI (Part) Tract: 0011. Block(s): 212B, 214B, 215B, 216B VTD: 0025 OAKWOOD II Education District: 4 HALL COUNTY VTD: 0011 CLERMONT VTD: 0012 QUILLIANS VTD: 0013 BARK CAMP VTD: 0014 FORK (Part) Tract: 0004. Block(s): 311C VTD: 0015 WHELCHEL (Part) Tract: 0002. Block(s): 463, 464, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721
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Tract: 0005. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122B, 122C, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210B, 211, 212, 213, 214, 215B, 216, 217 VTD: 0016 WEST WELCHEL (Part) Tract: 0003. Block(s): 411, 412, 413, 414, 415, 416, 417 Tract: 0004. Block(s): 201B, 201C, 202B, 202C, 202D, 208C, 303, 304, 305, 306, 307, 308 Tract: 0005. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320B, 321B, 322, 323, 324, 325, 326, 327, 328B, 329B, 338B, 338C (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains
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a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of Hall County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of Hall County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (b) Members of the Board of Education of Hall County who are in office on the effective date of this Act shall serve until the expiration of the term of office for which they were elected and until their successors are elected and qualified. Such members shall be deemed to represent the education district provided for in subsection (a) of this section which number corresponds to the education district to which they were elected. Beginning with the primary and general elections held in 1992 and thereafter at which members of the board of education are elected, members shall be elected from the education districts provided for in this section. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Hall County School District to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then
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as of such date this Act shall be void and stand repealed 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 1992 session of the GENERAL ASSEMBLY OF GEORGIA a bill to amend the 1983 Act of the GENERAL ASSEMBLY which, in part, divided Hall County into education districts, in order to reapportion the education districts to conform with the results of the 1990 census; to provide for other matters relative thereto; and for the other purposes. THIS 13th day of January, 1992. 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 D. Jackson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times, which is the official organ of Hall County, on the following date: January 17, 1992. /s/ Jerry D. Jackson Representative, 9th District
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Sworn to and subscribed before me, this 22nd day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 19, 1992. CLAYTON COUNTYBOARD OF EDUCATION; DISTRICTS. No. 610 (House Bill No. 1367). AN ACT To amend an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4635), so as to modify the description of the education districts to reflect the 1990 census figures; to provide definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4635), is amended by striking in their entirety paragraphs (1) and (2) of subsection (b) of Section 1 and inserting in lieu thereof the following:
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(1) For purposes of electing members of the board, the Clayton County School District is divided into nine education districts, as follows: Education District: 1 CLAYTON COUNTY VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0025 PAN HANDLE VTD: 0038 JONESBORO 4 AND JONESBORO 9 (Part) Tract: 0406.04 Block(s): 302, 304, 319, 323, 324, 401, 403, 404, 406, 407, 409, 415A, 417, 424A, 425, 531A VTD: 0039 JONESBORO 10 (Part) Tract: 0406.04 Block(s): 308C, 308D, 308F, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336 Tract: 0406.07 Block(s): 109 Education District: 2 CLAYTON COUNTY VTD: 0007 JONESBORO 1 VTD: 0008 JONESBORO 2 VTD: 0027 RIVERDALE 2 (Part) Tract: 0405.05 Block(s): 610B Tract: 0405.07 Block(s): 319, 320, 321, 322, 323 VTD: 0029 RIVERDALE 4 (Part) Tract: 0405.03 Block(s): 119B Tract: 0405.06 Block(s): 201, 202, 203, 204, 205, 206, 207A, 208, 209, 210, 211A, 213, 214 VTD: 0030 RIVERDALE 5 (Part)
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Tract: 0405.06 Block(s): 301A, 301B, 301C, 302, 303A, 303B, 304, 305, 306, 307A, 307B, 308, 309, 310, 311A, 311B, 311C, 311D, 312, 313A, 313B, 314 VTD: 0040 JONESBORO 12 Education District: 3 CLAYTON COUNTY VTD: 0024 OAK 2 AND OAK 3 (Part) Tract: 0402. Block(s): 210, 215, 216 Tract: 0405.04 Block(s): 105, 106, 107, 108, 109, 110, 316, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 418 VTD: 0026 RIVERDALE 1 VTD: 0027 RIVERDALE 2 (Part) Tract: 0405.05 Block(s): 601A, 601B, 602, 603, 604, 605, 606, 607, 608, 609A, 609B, 610A, 611, 612, 613, 614 Tract: 0405.07 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318 VTD: 0028 RIVERDALE 3 VTD: 0033 RIVERDALE 8 Education District: 4 CLAYTON COUNTY VTD: 0002 FOREST PARK 1 (Part) Tract: 0403.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 113, 114, 117, 118, 119, 201, 202, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 311, 312A, 312B, 312C, 313, 314, 315, 316, 401, 405, 406, 407, 408, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517 Tract: 0403.02 Block(s): 101A, 101B, 101C, 102, 112, 505, 508A, 508B, 512, 513, 514, 515, 516, 518, 524, 525 VTD: 0003 FOREST PARK 2 (Part)
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Tract: 0403.03 Block(s): 102A, 104, 105, 106, 107, 108, 201, 202, 203, 204, 205, 206A, 206B, 211, 213, 604A, 604B, 605, 606, 607, 608, 609, 610, 611, 612A, 612B, 612C VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 901, 902, 903, 904, 905, 906, 907, 908A, 908B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 921, 922, 923, 933 Tract: 0403.04 Block(s): 224, 303, 304, 306, 308, 311, 322, 323, 324, 326, 334 Tract: 0403.05 Block(s): 301, 302, 308A, 308B VTD: 0006 FOREST PARK 5 (Part) Tract: 0403.05 Block(s): 305 VTD: 0017 ADAMSON MORROW 1 (Part) Tract: 0403.03 Block(s): 102B Tract: 0404.02 Block(s): 103, 112 VTD: 0023 OAK 1 VTD: 0024 OAK 2 AND OAK 3 (Part) Tract: 0402. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 201, 202, 203, 204, 205, 206, 207, 208, 209A, 209B, 211A, 211B, 212A, 212B, 213A, 213B, 213C, 213D, 213E, 214A, 214B, 919, 920 Tract: 0405.03 Block(s): 401 Tract: 0405.04 Block(s): 101, 102, 103, 104 Education District: 5 CLAYTON COUNTY VTD: 0029 RIVERDALE 4 (Part) Tract: 0405.03 Block(s): 114, 115, 116, 117A, 117B, 118, 119A, 119C, 119D, 122, 125, 126
Page 4577
Tract: 0405.06 Block(s): 211B, 211C, 212, 215, 216 VTD: 0030 RIVERDALE 5 (Part) Tract: 0405.06 Block(s): 207B, 207C, 207D, 401, 402, 403, 404, 405, 406, 407, 408, 409 VTD: 0031 RIVERDALE 6 (Part) Tract: 0404.05 Block(s): 301, 302, 303, 304, 305, 306, 307 VTD: 0032 RIVERDALE 7 (Part) Tract: 0405.03 Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 120, 121, 123 VTD: 0038 JONESBORO 4 AND JONESBORO 9 (Part) Tract: 0404.05 Block(s): 308, 309 Tract: 0406.04 Block(s): 413A, 413B, 414, 415B, 418, 419, 424B, 426, 501, 502, 503, 506, 507, 508, 509A, 509B, 510, 511, 512, 513, 514, 515, 520, 522, 523, 524, 525, 528, 529, 531B, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611 VTD: 0039 JONESBORO 10 (Part) Tract: 0405.07 Block(s): 101, 102, 103, 104, 105B, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117 Tract: 0405.08 Block(s): 501, 517, 518, 519, 520, 521, 522 Education District: 6 CLAYTON COUNTY VTD: 0011 JONESBORO 6 VTD: 0012 JONESBORO 7 (Part) Tract: 0404.03 Block(s): 206A, 206C, 211, 212A, 212B, 214A, 214B, 217, 218, 220, 221A, 221B, 222, 223, 224 Tract: 0406.03 Block(s): 401, 402, 403, 404, 405, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601,
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602, 603B, 604, 605, 606B, 607, 609 VTD: 0013 JONESBORO 8 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 (Part) Tract: 0403.05 Block(s): 127B Tract: 0404.01 Block(s): 402, 403, 404, 405, 417A, 418B, 420 Tract: 0404.06 Block(s): 102A, 104, 105, 133 VTD: 0031 RIVERDALE 6 (Part) Tract: 0404.06 Block(s): 903 VTD: 0038 JONESBORO 4 AND JONESBORO 9 (Part) Tract: 0404.06 Block(s): 201, 202, 203, 218, 219, 220, 234, 235, 236, 237, 901, 902A, 902B, 904, 905, 906, 907A, 907B, 908, 909, 914, 915, 916, 917, 918, 923, 924, 925A, 925B, 929, 931, 933 Tract: 0406.04 Block(s): 301A, 301B, 402A, 402B, 405, 408, 410, 411, 412, 416, 420, 423, 504, 505A, 505B VTD: 0042 JONESBORO 11 Education District: 7 CLAYTON COUNTY VTD: 0004 FOREST PARK 3 (Part) Tract: 0403.04 Block(s): 202, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 225, 226, 227, 229, 230, 231, 232, 233 Tract: 0403.05 Block(s): 307A, 307B, 310, 311 VTD: 0005 FOREST PARK 4 (Part) Tract: 0403.05 Block(s): 101, 102, 103, 106, 109, 123A, 124, 210, 211, 212, 213 VTD: 0006 FOREST PARK 5 (Part) Tract: 0403.05 Block(s): 201A, 201B, 202, 203, 204, 205, 206, 207,
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208A, 208B, 208C, 209, 214, 215, 216, 217A, 217B, 217C, 217D, 218, 219, 220, 303, 304, 306, 309, 312, 313A, 313B, 314A, 314B, 315, 316, 317 Tract: 0404.05 Block(s): 101, 102, 103, 104, 105, 109, 110, 119A, 119B, 120, 121, 122, 123, 124, 126, 127, 128, 129 Tract: 0404.06 Block(s): 103, 106, 107, 108, 109, 110, 113, 115, 116, 117, 130, 131, 132, 135A, 135B, 136 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 (Part) Tract: 0403.05 Block(s): 104A, 104B, 104C, 105, 107, 110, 111, 112, 117, 118, 119, 121, 122A, 122B, 125, 126A, 126C, 127A Tract: 0404.06 Block(s): 102B VTD: 0029 RIVERDALE 4 (Part) Tract: 0405.03 Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 314A, 314B, 317 VTD: 0031 RIVERDALE 6 (Part) Tract: 0404.05 Block(s): 201, 202, 203, 204, 205, 208, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 228 Tract: 0404.06 Block(s): 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 227, 228 VTD: 0032 RIVERDALE 7 (Part) Tract: 0404.05 Block(s): 106, 107, 108, 206, 207, 227 Tract: 0405.03 Block(s): 101, 102, 103, 301A, 301B, 313, 315, 316, 402A, 402B, 402C, 402D, 402E, 403, 404, 405 Education District: 8 CLAYTON COUNTY VTD: 0001 ELLENWOOD (Part) Tract: 0404.02 Block(s): 901, 902, 903, 913A, 913B, 914A, 914B, 915, 916, 917, 918, 919, 922, 923, 924, 926A, 926B,
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926C, 927, 928, 929, 930, 945, 946 VTD: 0002 FOREST PARK 1 (Part) Tract: 0403.01 Block(s): 203, 204, 206, 207 Tract: 0403.02 Block(s): 104, 105, 106, 107, 108, 109A, 109B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 301, 302, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 501, 502, 503, 504, 506, 507, 509, 510, 511, 517A, 517B, 519A, 519B, 519C, 519D, 520, 521, 522, 523A, 523B, 526A, 526B, 527A, 527B Tract: 0403.03 Block(s): 308, 309, 310, 311, 312A, 312B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411 VTD: 0003 FOREST PARK 2 (Part) Tract: 0403.03 Block(s): 207, 208, 209A, 209B, 209C, 209D, 209E, 209F, 210, 212, 214, 215, 216, 217, 301A, 301B, 301C, 302, 304A, 304B, 304C, 305A, 305B, 306, 313A, 313B, 313C, 313D, 315A, 315B, 315C, 315D, 316, 412, 413, 414, 501, 502, 503, 504, 506, 507, 508, 509, 510A, 510B, 510C, 511, 512, 514, 515, 601, 602, 603A, 603B VTD: 0004 FOREST PARK 3 (Part) Tract: 0403.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 201, 301, 302, 305, 307, 309, 310, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 325, 327, 328, 329, 330, 331, 332, 333 VTD: 0005 FOREST PARK 4 (Part) Tract: 0403.05 Block(s): 123B Tract: 0404.01 Block(s): 316, 317, 318, 319, 320, 321, 322, 324, 325, 326, 330, 331, 332, 333, 334, 335, 336, 337, 417B, 418A, 421 VTD: 0017 ADAMSON MORROW 1 (Part)
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Tract: 0403.03 Block(s): 101 Tract: 0404.02 Block(s): 101, 102, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204A, 204B, 204C, 205, 206A, 206B, 207, 208, 209, 210, 801, 802, 803, 904, 905, 906, 907, 910, 912, 925A, 925B, 925C VTD: 0041 LAKE CITY 1 Education District: 9 CLAYTON COUNTY VTD: 0001 ELLENWOOD (Part) Tract: 0404.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 402, 404, 407, 501, 505, 908, 909, 911, 920, 921, 938, 939, 940, 941, 942, 943, 949, 950 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 (Part) Tract: 0403.05 Block(s): 126B Tract: 0404.01 Block(s): 401, 506, 507A, 509, 510A, 511, 512, 513, 515A, 515B, 515C Tract: 0404.03 Block(s): 203, 204, 205, 206B, 206D, 207, 208, 209, 210A, 210B, 213, 215, 219, 225 Tract: 0404.06 Block(s): 101 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 (2) For purposes of this subsection: (A) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
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(B) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (C) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (D) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (E) Any part of Clayton County which is not included in any education district described in this subsection shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (F) Any part of Clayton County which is described in this subsection as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Clayton County to submit this Act to the United States Attorney General for approval. If, as of
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the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an Act entitled an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4635); and for other purposes. This 4th day of Jan. 1992. Terrell Starr, Senator 44th GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. 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: January 21, 1992. /s/ W. J. Lee Representative, 72nd District
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Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 19, 1992. CLAYTON COUNTYBOARD OF COMMISSIONERS; DISTRICTS; TERMS. No. 611 (House Bill No. 1368). 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 14, 1983 (Ga. L. 1983, p. 3617), so as to provide for four commissioner districts; to provide for commissioners currently serving; to provide for the election and terms of commissioners; to provide insertions and definitions; to provide for the submission to the United States Attorney General and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3617), is amended by striking in their entireties Sections 2 and 2A and inserting in lieu thereof, respectively, the following: Section 2. (a) Board of Commissioners. The board of commissioners of Clayton County shall consist of a chairman
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and four commissioners. The chairman shall be elected by the qualified voters of the entire county. Each commissioner shall be elected by the qualified voters of one commissioner district. To be elected as chairman or commissioner, a candidate must receive the highest number of votes cast, and, at the same time, such candidate must receive a majority of the total votes cast. The terms of office of the chairman and commissioners shall be for four years and until their successors are duly elected and qualified. Vacancies on the board shall be filled for the unexpired terms. (b) For the purpose of electing commissioners, Clayton County is divided into four commissioner districts as follows: Commissioner District: 1 CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 (Part) Tract: 0403.01 Block(s): 103, 107, 108, 117, 118, 119, 201, 202, 203, 204, 206, 207, 209, 210, 211, 212, 213 Tract: 0403.02 Block(s): 104, 105, 106, 107, 108, 109A, 109B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 301, 302, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 501, 502, 503, 504, 506, 507, 509, 510, 511, 517A, 518, 519A, 519B, 519C, 519D, 520, 521, 522, 523A, 523B, 524, 525, 526A, 526B, 527A, 527B Tract: 0403.03 Block(s): 308, 309, 310, 311, 312A, 312B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411 VTD: 0003 FOREST PARK 2 (Part) Tract: 0403.03 Block(s): 217, 301A, 301B, 301C, 302, 304A, 304B, 304C, 305A, 305B, 306, 313A, 313B, 313C, 313D, 315A, 315B, 315C, 315D, 316, 412, 413, 414, 501, 502, 503, 504, 506, 507, 508, 509, 510A, 510B, 510C, 511, 512, 514, 515, 601, 602, 603A, 603B
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VTD: 0004 FOREST PARK 3 (Part) Tract: 0403.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 201, 202, 208, 209, 210, 211, 212, 214, 215, 216, 307, 309, 310, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 325, 327, 328, 329, 330, 331, 332, 333 VTD: 0005 FOREST PARK 4 VTD: 0006 FOREST PARK 5 (Part) Tract: 0403.05 Block(s): 201A, 201B, 202, 203, 204, 205, 206, 207, 208A, 208B, 208C, 209, 214, 215, 216, 217A, 217B, 217C, 217D, 218, 219, 220, 303, 306, 309, 312, 314A, 314B, 316, 317 Tract: 0404.05 Block(s): 101, 102, 103, 109, 110, 119A, 119B, 120, 121, 122, 123, 124, 126, 127, 128, 129 Tract: 0404.06 Block(s): 103, 106, 107, 108, 109, 110, 113, 115, 116, 117, 130, 131, 132, 135A, 135B, 136 VTD: 0013 JONESBORO 8 VTD: 0017 ADAMSON MORROW 1 (Part) Tract: 0404.02 Block(s): 101, 102, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 116, 117, 118, 201, 204A, 204B, 204C, 205, 206A, 206B, 207, 208, 209, 210, 801, 802, 803, 904, 905, 907, 910, 912, 925A, 925B, 925C VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 VTD: 0041 LAKE CITY 1 Commissioner District: 2 CLAYTON COUNTY VTD: 0002 FOREST PARK 1 (Part) Tract: 0403.01 Block(s): 101, 102, 104, 105, 106, 113, 114, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 311, 312A, 312B, 312C, 313, 314, 315, 316, 401, 405,
Page 4587
406, 407, 408, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517 Tract: 0403.02 Block(s): 101A, 101B, 101C, 102, 112, 505, 508A, 508B, 512, 513, 514, 515, 516, 517B VTD: 0003 FOREST PARK 2 (Part) Tract: 0403.03 Block(s): 102A, 104, 105, 106, 107, 108, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 209A, 209B, 209C, 209D, 209E, 209F, 210, 211, 212, 213, 214, 215, 216, 604A, 604B, 605, 606, 607, 608, 609, 610, 611, 612A, 612B, 612C VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 901, 902, 903, 904, 905, 906, 907, 908A, 908B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 921, 922, 923, 933 Tract: 0403.04 Block(s): 203, 204, 205, 206, 213, 217, 218, 224, 225, 226, 227, 229, 230, 231, 232, 233, 301, 302, 303, 304, 305, 306, 308, 311, 322, 323, 324, 326, 334 Tract: 0403.05 Block(s): 301, 302, 307A, 307B, 308A, 308B, 310, 311 VTD: 0006 FOREST PARK 5 (Part) Tract: 0403.05 Block(s): 304, 305, 313A, 313B, 315 Tract: 0404.05 Block(s): 104, 105 VTD: 0017 ADAMSON MORROW 1 (Part) Tract: 0403.03 Block(s): 101, 102B Tract: 0404.02 Block(s): 103, 112, 202, 203, 906 VTD: 0023 OAK 1 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0027 RIVERDALE 2 (Part) Tract: 0405.05 Block(s): 601A, 601B, 602, 603, 604, 605, 606, 607,
Page 4588
608, 609A, 609B, 610A, 610B, 611, 612, 613, 614 VTD: 0028 RIVERDALE 3 VTD: 0033 RIVERDALE 8 Commissioner District: 3 CLAYTON COUNTY VTD: 0007 JONESBORO 1 VTD: 0008 JONESBORO 2 VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 VTD: 0011 JONESBORO 6 (Part) Tract: 0406.05 Block(s): 301, 305, 504, 506, 514, 515, 516 VTD: 0012 JONESBORO 7 (Part) Tract: 0406.03 Block(s): 603B, 604, 606B, 607, 609 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0025 PAN HANDLE VTD: 0027 RIVERDALE 2 (Part) Tract: 0405.07 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323 VTD: 0038 JONESBORO 4 AND JONESBORO 9 (Part) Tract: 0406.04 Block(s): 301A, 301B, 302, 304, 319, 323, 324, 401, 402A, 402B, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414, 415A, 415B, 416, 417, 418, 419, 420, 423, 424A, 424B, 425, 426, 501, 502, 503, 505A, 506, 507, 508, 509A, 509B, 510, 511, 512, 513, 514, 515, 531A VTD: 0039 JONESBORO 10 VTD: 0040 JONESBORO 12 Commissioner District: 4 CLAYTON COUNTY VTD: 0011 JONESBORO 6 (Part)
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Tract: 0406.05 Block(s): 401, 402, 408, 409, 410, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 501, 502, 503, 505, 507, 508, 509, 510, 511, 512, 513 VTD: 0012 JONESBORO 7 (Part) Tract: 0404.03 Block(s): 206A, 206C, 211, 212A, 212B, 214A, 214B, 217, 218, 220, 221A, 221B, 222, 223, 224 Tract: 0406.03 Block(s): 401, 402, 403, 404, 405, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 605 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0029 RIVERDALE 4 VTD: 0030 RIVERDALE 5 VTD: 0031 RIVERDALE 6 VTD: 0032 RIVERDALE 7 VTD: 0038 JONESBORO 4 AND JONESBORO 9 (Part) Tract: 0404.05 Block(s): 308, 309 Tract: 0404.06 Block(s): 201, 202, 203, 218, 219, 220, 234, 235, 236, 237, 901, 902A, 902B, 904, 905, 906, 907A, 907B, 908, 909, 914, 915, 916, 917, 918, 923, 924, 925A, 925B, 929, 931, 933 Tract: 0406.04 Block(s): 504, 505B, 520, 522, 523, 524, 525, 528, 529, 531B, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611 VTD: 0042 JONESBORO 11 For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
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(2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Clayton County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Clayton County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) The person serving as chairman on the effective date of this Act shall serve the remainder of his term and until his successor is duly elected and qualified. The commissioners representing former Post 1 of Commissioner District A and Post 1 of Commissioner District B shall continue to serve for the remainder of their terms and until their successors are duly elected and qualified. On and after January 1, 1993, such commissioners shall represent Commissioner districts 4 and 1 created by this Act, respectively. The commissioners representing former Post 2 of Commissioner District A and
Page 4591
Post 2 of Commissioner District B shall continue to serve for the remainder of their terms. Commissioners from Commissioner Districts 2 and 3 created by this Act shall be elected at the general election held in 1992 to take office in January, 1993, for terms of four years and until their successors are duly elected and qualified. Each candidate other than a candidate for chairman shall certify at the time of qualifying that he is a bona fide resident of the commissioner district from which he is offering as candidate. A candidate for chairman shall so certify that he is a bona fide resident of Clayton County. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Clayton County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, P. 2064), as amended; and for other purposes. This 29th day of January, 1992. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. 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
Page 4592
Introduce Local Legislation was published in the Clayton News/Daily, which is the official organ of Clayton County, on the following date: January 31, 1992. /s/ W. J. Lee Representative, 72nd District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 19, 1992. BRYAN COUNTYBOARD OF COMMISSIONERS; DISTRICTS; TERMS; VACANCIES; REFERENDUM. No. 612 (House Bill No. 1370). AN ACT To amend an Act providing for the election of members of the Board of Commissioners of Bryan County, approved April 12, 1982 (Ga. L. 1982, p. 4270), so as to provide for commissioner districts and posts; to provide for initial and regular terms of office; to provide for filling of vacancies; to provide for practices and procedures; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to provide for related matters; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1 . An Act providing for the election of members of the Board of Commissioners of Bryan County, approved April 12, 1982 (Ga. L. 1982, p. 4270), is amended by striking Section 1 in its entirety and inserting in lieu thereof the following: Section 1. (a) The Board of Commissioners of Bryan County shall be composed of five members who shall be qualified voters of Bryan County. The terms of office of all members presently serving as elected members of the board shall expire as follows: (1) The present term of the chairman of the board, former Post 1, shall expire on December 31, 1992; (2) The present term of the vice-chairman of the board, former Post 2, shall expire on December 31, 1992; (3) The present term of the District 1 Commissioner, 19th G.M.D., shall expire on December 31, 1992; (4) The present term of the District 2 Commissioner, 1380th G.M.D., shall expire on December 31, 1994; and (5) The present term of the District 3 Commissioner, 20th G.M.D., shall expire on December 31, 1992. Thereafter, new members of the board shall be elected as provided in this Act. (b) For the purpose of electing members of the board of commissioners, Bryan County is divided into four commissioner districts to be composed of that territory embraced within the following areas within Bryan County: Commissioner District: 1 BRYAN COUNTY VTD: 0001 NINETEENTH (Part) Tract: 9201. Block(s): 126, 127, 128, 129, 137, 138, 175, 176, 177, 178, 181, 182, 201, 202, 203, 204, 205, 206, 207,
Page 4594
208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241A, 241B, 242, 243A, 243B, 244, 245, 246A, 246B, 247, 248A, 248B, 249, 250, 251, 252, 253, 254, 255A, 255B, 256, 257, 258, 259, 260, 261, 262A, 262B, 263A, 263B, 264, 265, 266, 267, 268A, 268B, 269A, 269B, 270, 271A, 271B, 272A, 272B, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 354, 355A, 355B, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 372A, 374, 375, 376, 377, 378, 379A, 379B, 380A, 380B, 381A, 381B, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468 VTD: 0002 MILL CREEK (Part) Tract: 9201. Block(s): 130, 131, 132, 133, 135, 136, 139, 140, 141, 142, 143, 144, 171, 172, 173, 174, 179, 180, 183, 184, 353, 367, 368, 369, 372B, 373 Commissioner District: 2 BRYAN COUNTY VTD: 0002 MILL CREEK (Part) Tract: 9201. Block(s): 125, 134, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 370, 371 VTD: 0007 BLITCHTON
Page 4595
Commissioner District: 3 BRYAN COUNTY VTD: 0003 RICHMOND HILL (Part) Tract: 9203. Block(s): 101, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 115C, 116, 117, 118, 119A, 119B, 120A, 120B, 121, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 137, 138A, 138B, 139, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 160A, 164, 165, 166, 167, 174, 176, 177, 189, 233A VTD: 0004 TWENTH WEST (Part) Tract: 9203. Block(s): 135B, 136, 178, 179, 180, 181A, 181B, 182, 183, 184, 185, 186, 187, 188, 190, 191, 192, 193, 194, 195, 196, 197, 213, 214, 215, 216, 217, 218, 219, 223, 224, 225, 226, 227, 228, 229, 230, 231, 233B, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251 VTD: 0006 FORT STEWART Commissioner District: 4 BRYAN COUNTY VTD: 0003 RICHMOND HILL (Part) Tract: 9203. Block(s): 122, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160B, 161, 162, 163, 168, 169, 173, 175, 211, 212 VTD: 0005 FORT MCALLISTER For purposes of this subsection: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
Page 4596
(2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Bryan County which is not included in any commissioner district described in this subsection shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Bryan County which is described in this subsection as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) For the purpose of electing the members of the board of commissioners, there shall be one commissioner post on the board in addition to the four commissioner districts provided for in subsection (b) of this section. The member elected to said Commissioner Post 1 shall be the chairman of the board and shall be elected from the county at large by the qualified voters of the entire county. The member elected from Commissioner District 1 shall be a resident of said commissioner district and shall be elected by the qualified voters residing within Commissioner District 1. The
Page 4597
member elected from Commissioner District 2 shall be a resident of said commissioner district and shall be elected by the qualified voters residing within Commissioner District 2. The member elected from Commissioner District 3 shall be a resident of said commissioner district and shall be elected by the qualified voters residing within Commissioner District 3. The member elected from Commissioner District 4 shall be a resident of said commissioner district and shall be elected by the qualified voters residing within Commissioner District 4. Candidates for election to the board shall designate the commissioner district or numbered post on the board for which they offer as a candidate. (d) The initial members of the board to be elected under the provisions of this Act shall be elected as follows: (1) The chairman, Commissioner Post 1, shall be elected in the general election of November, 1992, and shall take office January 1, 1993. The first elected chairman shall serve for an initial term of office of four years and until his or her respective successor is duly elected and qualified; (2) The District 1 Commissioner shall be elected in the general election of November, 1992, and shall take office January 1, 1993. The first elected District 1 Commissioner shall serve for an initial term of office of four years and until his or her respective successor is duly elected and qualified; (3) The District 2 Commissioner shall be elected in the general election of November, 1994, and shall take office January 1, 1995. The first elected District 2 Commissioner shall serve for an initial term of office of four years and until his or her respective successor is duly elected and qualified; (4) The District 3 Commissioner shall be elected in the general election of November, 1992, and shall take office January 1, 1993. The first elected District 3 Commissioner shall serve for an initial term of office of four
Page 4598
years and until his or her respective successor is duly elected and qualified; and (5) The District 4 Commissioner shall be elected in the general election of November, 1992, and shall take office January 1, 1993. The first elected District 4 Commissioner shall serve for an initial term of office of two years and until his or her respective successor is duly elected and qualified. Following the initial terms of office provided in this Act, all members shall be elected in the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January immediately following their election for terms of office of four years and until their respective successors are duly elected and qualified. (e) Vacancies which occur on the board during the first year and nine months of a term of office shall be filled by the remaining members of the board electing a successor to serve until the next general election. In any such event, a successor shall be elected in a special election to be held at the same time as such general election and the person so elected shall serve for the remainder of the unexpired term of office. Vacancies occurring during the last two years and three months of a term of office shall be filled by the remaining members of the board electing a successor to serve out the unexpired term of office. (f) The Board of Commissioners of Bryan County provided for by this Act shall be the governing authority of Bryan County and shall exercise all powers vested in the Board of Commissioners of Bryan County by local or general law or by the Constitution of the State of Georgia. (g) Commencing with the regular January, 1993, meeting of the board of commissioners, the board shall name a vice-chairman from among the members of said board who shall serve as vice-chairman of the board, carrying out the duties of said vice-chairman, as provided by law, from the date of his or her appointment until the next regular January
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meeting of the board of the ensuing year or until his or her successor is duly appointed. Thereafter, at each January meeting of the board of commissioners, the board shall likewise name a vice-chairman from among the members of the board, who shall serve as vice-chairman of the board, carrying out the duties of said vice-chairman, as provided by law, from the date of his or her appointment until the next regular January meeting of the board of the ensuing year or until his or her successor is duly appointed. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Bryan County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 Bryan County shall call and conduct an election for the purpose of submitting this Act to the electors of Bryan 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 Bryan County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which terminates the present term of office of the vice-chairman on December 31, 1992? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately; otherwise it shall be void and
Page 4600
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 Bryan County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, approved March 22, 1941 (Ga. L-1941, p. 765), as amended by an act approved April 12, 1982 (Ga. L. 1982, p. 4270); and for other purposes. This 24 day of January, 1992. RAY C. SMITH County Attorney for Bryan County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who, on oath, deposes and says that she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Richmond Hill-Bryan County News, which is the official organ of Bryan County, on the following date: January 29, 1992. /s/ Ann R. Purcell Representative, 129th District
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Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 19, 1992. EFFINGHAM COUNTYBOARD OF EDUCATION; ELECTIONS; DISTRICTS. No. 613 (House Bill No. 1379). AN ACT To amend an Act which reconstitutes the board of education of the Effingham County School District, approved March 26, 1987 (Ga. L. 1987, p. 4596), so as to provide for the election and terms of office of the members of the board; to reapportion the education districts; to provide for submission of this Act to the United States Attorney General; to provide for inclusions; to provide when this Act shall be void and repealed; 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 which reconstitutes the board of education of the Effingham County School District, approved March 26, 1987 (Ga. L. 1987, p. 4596), is amended by striking subsection (a) of Section 1-3 in its entirety and inserting in lieu thereof the following: (a) The members of the board of education of Effingham County in office on the effective date of this section shall serve out the terms for which they were elected. Successor
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members and future successors to represent Education Districts No. 2, 3, and 5 shall be elected at the November, 1992, general election and quadrennially thereafter. Successor members and future successors to represent Education Districts No. 1 and 4 shall be elected at the November, 1994, general election and quadrennially thereafter. Section 2 . Said Act is further amended by striking Part 2 in its entirety and inserting in lieu thereof a new Part 2 to read as follows: Part 2 For purposes of electing members of the board of education of the Effingham County School District, the school district is divided into five education districts described by boundaries as follows: EDUCATION DISTRICT NO. 1 Beginning at a point on the Great Ogeechee River where U. S. Highway 80 crosses said river. Thence in a southeasterly direction along U. S. Highway 80 to County Road 230 (Elm Street). Thence in a southeasterly direction along County Road 230 (Elm Street) to Kennedy Drive. Thence in a northeasterly direction along Kennedy Drive to County Road 244 (Shady Oaks Road). Thence in a southerly direction along County Road 244 (Shady Oaks Road) to County Road 311 (Sand Hill Road). Thence in a northeasterly direction along County Road 311 (Sand Hill Road) to County Road 156 (Blue Jay Road). Thence in an easterly direction along County Road 156 (Blue Jay Road) to County Road 157 (Midland Road). Thence in a southeasterly direction along County Road 157 (Midland Road) to Georgia Highway 30. Thence in a southeasterly direction along Georgia Highway 30 to the Chatham-Effingham County line. Thence in a southwesterly direction along the Effingham-Chatham County line to the Great Ogeechee River. Thence in a northerly direction along the Great Ogeechee River to U. S. Highway 80 which was the point of beginning.
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EDUCATION DISTRICT NO. 2 Beginning at a point where the Effingham-Chatham County line crosses Georgia Highway No. 30. Thence in a northwesterly direction along Georgia Highway No. 30 to County Road No. 157 (Midland Road). Thence in a northerly direction along County Road No. 157 (Midland Road) to County Road No. 156 (Blue Jay Road). Thence in a westerly direction along County Road No. 156 (Blue Jay Road) to County Road No. 311 (Sand Hill Road). Thence in a southwesterly direction along County Road No. 311 (Sand Hill Road) to County Road No. 244 (Shady Oaks Road). Thence in a northerly direction along County Road No. 244 (Shady Oaks Road) to Kennedy Drive. Thence in a southwesterly direction along Kennedy Drive to County Road 230 (Elm Street). Thence in a northwesterly direction along County Road No. 230 (Elm Street) to U. S. Highway No. 80. Thence in a northwesterly direction along U. S. Highway No. 80 to the Great Ogeechee River. Thence in a northerly direction along the Great Ogeechee River to a branch that flows from a pond on the land now or formerly of A. S. Graham which empties into said river. Thence in a northeasterly direction along said branch to County Road No. 12 (Old Louisville Road). Thence in a southerly direction along County Road No. 12 (Old Louisville Road) to County Road No. 19 (George Hurst Road). Then in a northeasterly direction along County Road No. 19 (George Hurst Road) to County Road No. 17 (Griffin Lake Road). Thence in an easterly direction along County Road No. 17 (Griffin Lake Road) to Georgia Highway No. 17. Thence in a southerly direction along Georgia Highway No. 17 to County Road No. 10 (Keith Road). Thence in a westerly direction along County Road No. 10 (Keith Road) to County Road No. 314 (Old Louisville Road). Thence in a southerly direction along County Road No. 314 (Old Louisville Road to County Road No. 6 (Brittingham Road). Thence in an easterly direction along County Road No. 6 (Brittingham Road) to County Road No. 7 (Archer Road). Thence in a southerly direction along County Road No. 7 (Archer Road) to Georgia Highway No. 119. Thence in an easterly direction along
Page 4604
Georgia Highway No. 119 to West Central Boulevard. Thence in a northerly direction along West Central Boulevard to Cemetery Road. Thence in an easterly direction along Cemetery Road to Georgia Highway No. 17 (Central Boulevard). Thence in a southerly direction along Georgia Highway No. 17 (Central Boulevard) to Seventh Avenue. Then in an easterly direction along Seventh Avenue to the eastern limits of the Town of Guyton. Thence in a southerly direction along the eastern limits of the Town of Guyton to the southeast corner of the town limits. Thence in a westerly direction along the southern limits of the Town of Guyton to Georgia Highway No. 17. Thence in a southerly direction along Georgia Highway No. 17 to County Road No. 157 (Midland Road). Thence in a southeasterly direction along County Road No. 157 (Midland Road) to County Road No. 179 (Courthouse Road). Thence in a northeasterly direction along County Road No. 179 (Courthouse Road) one and two-tenths (1.2) miles to an unnamed dirt road. Thence in a southeasterly direction along said dirt road to County Road No. 175 (Low Ground Road). Thence in an easterly direction along County Road No. 175 (Low Ground Road) eight-tenths (.8) of a mile to County Road No. 177 (Horsepen Road). Thence continuing in an easterly direction along County Road No. 175 (Low Ground Road) to County Road No. 176 (McCall Road). Thence in a southerly direction along County Road No. 176 (McCall Road) to Polly's Creek. Thence in a northeasterly direction along Polly's Creek to the Central of Georgia Railroad (Southern Railway) right-of-way. Thence in a southerly direction along the Central of Georgia Railroad (Southern Railway) right-of-way to Sweighoffer Creek. Thence in an easterly direction along Sweighoffer Creek to County Road No. 143 (McCall Road). Thence in a southeasterly direction along County Road No. 143 (McCall Road) to the CSX (formerly Seaboard Coast Line) Railroad right-of-way. Thence in a southerly direction along the CSX Railroad right-of-way to the Effingham-Chatham County line. Thence in a southwesterly direction along the Effingham-Chatham County line to Georgia Highway No. 30 which was the point of beginning.
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EDUCATION DISTRICT NO. 3 Beginning at a point on the Great Ogeechee River where the Effingham-Screven County line intersects. Thence in an easterly direction along the Effingham-Screven County line to the Savannah River. Thence in a southeasterly direction along the Savannah River to a point where Hadden Lake Road abuts the Savannah River at Block Landing. Thence in a southwesterly direction along Hadden Lake Road to County Road No. 106 (Union Spring Cemetery Road). Thence in a southeasterly direction along County Road No. 106 (Union Spring Cemetery Road) to County Road No. 117 (Bethany Road). Thence in a westerly direction along County Road No. 117 (Bethany Road) to County Road No. 115 (Indigo Road). Thence in a westerly direction along County Road No. 115 (Indigo Road) to the CSX (formerly Seaboard Coast Line) Railroad right-of-way. Thence in a northerly direction along the CSX Railroad right-of-way to County Road No. 105 (Berryville Road). Thence in a westerly direction along County Road No. 105 (Berryville Road) to Georgia Highway No. 119. Thence in a northerly direction along Georgia Highway No. 119 to County Road No. 307 (Clyo-Kildare Road). Thence in a northwesterly direction along County Road No. 307 (Clyo-Kildare Road) to County Road No. 82 (Reedsville Road). Thence in a westerly direction along County Road No. 82 (Reedsville Road) to County Road No. 86 (Morgan Circle). Thence in a southerly direction along County Road No. 86 (Morgan Circle) to County Road No. 64 (Clyo-Shawnee Road). Thence in a southwesterly direction along County Road No. 64 (Clyo-Shawnee Road) to Ebenezer Creek (Runs Branch). Thence in a northerly direction along Ebenezer Creek (Runs Branch) to Cowpen Creek. Thence in a westerly direction along Cowpen Creek to an unnamed dirt road which forms the common boundary between Blocks 212 and 227 of Tract 0301 of VTD (Voting District) 0006, according to the United States decennial census of 1990 Map for Effingham County. Thence in a northerly direction along said unnamed dirt road to the southern boundary of Block No. 226, said Tract and VTD (Voting District). Continuing thence in a northeasterly
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direction along said unnamed dirt road which also forms the common boundary between said Blocks 212 and 226 to County Road No. 69 (Corinth Church Road). Thence in an easterly direction along County Road No. 69 (Corinth Church Road) to Ebenezer Creek (Runs Branch). Thence in a northwesterly direction along Ebenezer Creek (Runs Branch) to Devil's Branch. Thence in a southwesterly direction along the run of Devil's Branch to County Road No. 58 (Springfield Road). Thence in a southerly direction along County Road No. 58 (Springfield Road) to County Road No. 69 (Corinth Church Road). Thence in a westerly direction along County Road No. 69 (Corinth Church Road) to County Road No. 38 (Bird Road). Thence in a westerly direction along County Road No. 38 (Bird Road) to County Road No. 35 (also Bird Road). Thence in a southwesterly direction along County Road No. 35 (Bird Road) to County Road No. 33 (Old Dixie Highway). Thence in a southeasterly direction along County Road No. 33 (Old Dixie Highway) to County Road No. 58 (also Old Dixie Highway). Thence in a southerly direction along County Road No. 58 (Old Dixie Highway) to County Road No. 63 (Elbert Arnsdorf Road). Thence in a westerly direction along County Road No. 63 (Elbert Arnsdorf Road) to Georgia Highway No. 21. Thence in a southeasterly direction along Georgia Highway No. 21 to a branch flowing in a northeasterly direction into Turkey Branch. Thence in a southwesterly direction along the run of said branch to County Road No. 52 (Springfield-Egypt Road). Thence in a southeasterly direction along County Road No. 52 (Springfield-Egypt Road) to County Road No. 53 (Boaen Road). Thence in a southwesterly direction along County Road No. 53 (Boaen Road) to County Road No. 313 (Springfield-Tusculum Road). Thence in an easterly direction along County Road No. 313 (Springfield-Tusculum Road) to Georgia Highway No. 21. Thence in a southeasterly direction along Georgia Highway No. 21 to the western limits of the Town of Springfield. Thence in a southerly direction along the western limits of the Town of Springfield to the southwestern corner of the limits of the Town of Springfield. Thence in a northeasterly direction along the southern limits of the Town of Springfield to
Page 4607
Spring Branch. Thence in a northeasterly direction along run of Spring Branch to the main line of the Central of Georgia Railroad (Southern Railway). Thence in a northwesterly direction along the main line of the Central of Georgia Railroad (Southern Railway) to Second Street. Thence in a northeasterly direction along Second Street to Ash Street. Thence in a southeasterly direction along Ash Street to Fourth Street. Thence in a southwesterly direction along Fourth Street to Maple Street. Thence in a northwesterly direction along Maple Street to Third Street. Thence in a southwesterly direction along Third Street to Georgia Highway No. 21. Thence in a southeasterly direction along Georgia Highway No. 21 to County Road No. 308 (Stillwell Road). Thence in an easterly direction along County Road No. 308 (Stillwell Road) to the eastern limits of the Town of Springfield. Thence in a southerly direction along the eastern limits of the Town of Springfield to Georgia Highway No. 21. Thence in a northwesterly direction along Georgia Highway No. 21 to County Road No. 180 (Webb Road). Thence in a southwesterly direction along County Road No. 180 (Webb Road) to the southern limits of the Town of Springfield. Thence in a northwesterly direction along the southern limits of the Town of Springfield to County Road No. 176 (McCall Road). Thence in a southerly direction along County Road No. 176 (McCall Road) to County Road No. 179 (Courthouse Road). Thence in a southwesterly direction along County Road No. 179 (Courthouse Road) to County Road No. 188 (Little McCall Road). Thence in a northwesterly direction along County Road No. 188 (Little McCall Road) to County Road No. 189. Thence in a northwesterly direction along County Road No. 189 to County Road No. 190. Thence in a northeasterly direction along County Road No. 190 to County Road No. 194. Thence in a northwesterly direction along County Road No. 194 to Georgia Highway No. 119. Thence in a westerly direction along Georgia Highway No. 119 to the eastern limits of the Town of Guyton. Thence in a northerly direction along the eastern limits of the Town of Guyton to Seventh Avenue. Thence in a westerly direction along Seventh Avenue to Georgia Highway No. 17 (Central Boulevard). Thence in a
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northerly direction along Georgia Highway No. 17 (Central Boulevard) to Cemetery Road. Thence in a westerly direction along Cemetery Road to West Central Boulevard. Thence in a southerly direction along West Central Boulevard to Georgia Highway No. 119. Thence in a westerly direction along Georgia Highway No. 119 to County Road No. 7 (Archer Road). Thence in a northerly direction along County Road No. 7 (Archer Road) to County Road No. 6 (Brittingham Road). Thence in a westerly direction along County Road No. 6 (Brittingham Road) to County Road No. 314 (Old Louisville Road). Thence in a northerly direction along County Road No. 314 (Old Louisville Road) to County Road No. 10 (Keith Road). Thence in an easterly direction along County Road No. 10 (Keith Road) to Georgia Highway No. 17. Thence in a northerly direction along Georgia Highway No. 17 to County Road No. 17 (Griffin Lake Road). Thence in a westerly direction along County Road No. 17 (Griffin Lake Road) to County Road No. 19 (George Hurst Road). Thence in a southwesterly direction along County Road No. 19 (George Hurst Road) to County Road No. 12 (Old Louisville Road). Thence in a northerly direction along County Road No. 12 (Old Louisville Road) to a branch that flows from a pond on the land now or formerly of A. S. Graham. Thence in a southwesterly direction along the run of said branch to the Great Ogeechee River. Thence in a northerly direction along the Great Ogeechee River to the Effingham-Screven County line which was the point of beginning. EDUCATION DISTRICT NO. 4 Beginning at a point on the Savannah River where Georgia Highway No. 275 ends (Ebenezer Landing). Thence in a westerly direction along Georgia Highway No. 275 to County Road No. 307 (Rincon-Stillwell Road). Thence in a southwesterly direction along County Road No. 307 (Rincon-Stillwell Road) to the eastern limits of the Town of Rincon. Thence in a counterclockwise direction along the limits of the Town of Rincon to the CSX (formerly Seaboard Coast Line) Railroad right-of-way located at the southern limits of the Town of Rincon. Thence in a
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southerly direction along the CSX Railroad right-of-way to County Road No. 143 (McCall Road). Thence in a northwesterly direction along County Road No. 143 (McCall Road) to Sweighoffer Branch. Thence in a westerly direction along the run of Sweighoffer Branch to the Central of Georgia Railroad (Southern Railway) right-of-way. Thence in a northerly direction along the Central of Georgia Railroad (Southern Railway) right-of-way to Polly's Creek. Thence in a southwesterly direction along Polly's Creek to County Road No. 176 (McCall Road). Thence in a northerly direction along County Road No. 176 to County Road No. 175 (Low Ground Road). Thence in a westerly direction along County Road No. 175 (Low Ground Road) to County Road No. 177 (Horsepen Road). Then continuing in a westerly direction along County Road No. 175 (Low Ground Road) eight-tenths (.8) of a mile to an unnamed dirt road. Thence in a northwesterly direction along said unnamed dirt road to County Road No. 179 (Courthouse Road). Thence in a southwesterly direction along County Road No. 179 (Courthouse Road) one and two-tenths (1.2) miles to County Road No. 157 (Midland Road). Thence in a northwesterly direction along County Road No. 157 (Midland Road) to Georgia Highway No. 17. Thence in a northerly direction along Georgia Highway No. 17 to the southern limits of the Town of Guyton. Thence in an easterly direction along the southern limits of the Town of Guyton to Georgia Highway No. 119. Thence in an northeasterly direction along Georgia Highway No. 119 to County Road No. 194. Thence in a southeasterly direction along County Road No. 194 to County Road No. 190. Thence in a southwesterly direction along County Road No. 190 to County Road No. 189. Thence in a southeasterly direction along County Road No. 189 to County Road No. 188 (Little McCall Road). Thence in a southeasterly direction along County Road No. 188 (Little McCall Road) to County Road No. 179 (Courthouse Road). Thence in a northeasterly direction along County Road No. 179 (Courthouse Road) to County Road No. 176 (McCall Road). Thence in a northerly direction along County Road No. 176 (McCall Road) to the southern limits of the Town of Springfield. Thence in a southeasterly
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direction along the southern limits of the Town of Springfield to County Road No. 180 (Webb Road). Thence in a northeasterly direction along County Road No. 180 (Webb Road) to Georgia Highway No. 21. Thence in a southeasterly direction along Georgia Highway No. 21 to the eastern limits of the Town of Springfield. Thence in a northerly direction along the eastern limits of the Town of Springfield to County Road No. 308 (Stillwell Road). Thence in a westerly direction along County Road No. 308 (Stillwell Road) to Georgia Highway No. 21. Thence in a northwesterly direction along Georgia Highway No. 21 to Third Street. Thence in a northeasterly direction along Third Street to Maple Street. Thence in a southeasterly direction along Maple Street to Fourth Street. Thence in a northeasterly direction along Fourth Street to Ash Street. Thence in a northwesterly direction along Ash Street to Second Street. Thence in a southwesterly direction along Second Street to the main line of the Central of Georgia Railroad right-of-way. Thence in a southeasterly direction along the main line of the Central of Georgia Railroad right-of-way to Spring Branch. Thence in a southwesterly direction along the run of Spring Branch to the southern limits of the Town of Springfield. Thence in a southwesterly direction along the southern limits of the Town of Springfield to the southwestern corner of the limits of the Town of Springfield. Thence in a northerly direction along the western limits of the Town of Springfield to Georgia Highway No. 21. Thence in a northwesterly direction along Georgia Highway No. 21 to County Road 313 (Springfield-Tusculum Road). Thence in a northwesterly direction along County Road No. 313 (Springfield-Tusculum Road) to County Road No. 53 (Boaen Road). Thence in a northeasterly direction along County Road No. 53 (Boaen Road) to County Road No. 52 (Springfield-Egypt Road). Thence in a northwesterly direction along County Road No. 52 (Springfield-Egypt Road) to a branch flowing in a northeasterly direction into Turkey Branch. Thence in a northeasterly direction along the run of said branch to Georgia Highway No. 21. Thence in a northwesterly direction along Georgia Highway No. 21 to County Road No. 63 (Elbert Arnsdorf
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Road). Thence in a northeasterly direction along County Road No. 63 (Elbert Arnsdorf Road) to County Road No. 58 (Old Dixie Highway). Thence in a northerly direction along County Road No. 58 (Old Dixie Highway) to County Road No. 33 (also Old Dixie Highway). Thence in a northwesterly direction along County Road No. 33 (Old Dixie Highway) to County Road No. 35 (Bird Road). Thence in a northeasterly direction along County Road No. 35 (Bird Road) to County Road No. 38 (also Bird Road). Thence in a easterly direction along County Road No. 38 (Bird Road) to County Road No. 69 (Corinth Church Road). Thence in a easterly direction along County Road No. 69 (Corinth Church Road) to County Road No. 58 (Springfield Road). Thence in a northerly direction along County Road No. 58 (Springfield Road) to Devil's Branch. Thence in a northeasterly direction along the run of Devil's Branch to Ebenezer Creek (Runs Branch). Thence in a southeasterly direction along Ebenezer Creek (Runs Branch) to County Road No. 69 (Corinth Church Road). Thence in a westerly direction along County Road No. 69 (Corinth Church Road) to an unnamed dirt road which forms the common boundary between Blocks 212 and 226 in Tract 0301, VTD (Voting District) 0006, according to the United States decennial census of 1990 Map for Effingham County. Thence in a southwesterly direction along said unnamed dirt road which forms the common boundary between said Blocks 212 and 226 in said Tract and VTD (Voting District) to a point marking the eastern boundary of Block 227, said Tract and VTD (Voting District). Thence in a southerly direction along said unnamed dirt road which also forms the common boundary line between said Blocks 212 and 227 to Cowpen Creek. Thence in an easterly direction along Cowpen Creek to Ebenezer Creek (Runs Branch). Thence in a southerly direction along Ebenezer Creek (Runs Branch) to County Road No. 64 (Clyo-Shawnee Road). Thence in a northeasterly direction along County Road No. 64 (Clyo-Shawnee Road) to County Road No. 86 (Morgan Circle). Thence in a northerly direction along County Road No. 86 (Morgan Circle) to County Road No. 82 (Reedsville Road). Thence in an easterly direction along County Road No. 82 (Reedsville Road) to County
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Road No. 307 (Clyo-Kildare Road). Thence in a southeasterly direction along County Road No. 307 (Clyo-Kildare Road) to Georgia Highway No. 119. Thence in a southerly direction along Georgia Highway No. 119 to County Road No. 105 (Berryville Road). Thence in an easterly direction along County Road No. 105 (Berryville Road) to the CSX (Seaboard Coast Line) Railroad right-of-way. Thence in a southerly direction along the CSX Railroad right-of-way to County Road No. 115 (Indigo Road). Thence in an easterly direction along County Road No. 115 (Indigo Road) to County Road No. 117 (Bethany Road). Thence in an easterly direction along County Road No. 117 (Bethany Road) to County Road No. 106 (Union Spring Cemetery Road). Thence in a northwesterly direction along County Road No. 106 (Union Spring Cemetery Road) to Hadden Lake Road. Thence in a northeasterly direction along Hadden Lake Road to Block Landing at the Savannah River. Thence in a southeasterly direction along the Savannah River to the point where Georgia Highway No. 275 ends (Ebenezer Landing) which was the point of beginning. EDUCATION DISTRICT NO. 5 Beginning at a point on the Savannah River where Georgia Highway No. 275 ends (Ebenezer Landing). Thence in a southerly direction along the Savannah River to the Effingham-Chatham County line. Thence in a northwesterly and westerly direction along the Effingham-Chatham County line to the CSX (formerly Seaboard Coast Line) Railroad right-of-way. Thence in a northerly direction along the CSX Railroad right-of-way to the southern limits of the Town of Rincon. Thence in a clockwise direction along the town limits of the Town of Rincon to County Road No. 307 (Rincon-Stillwell Road). Thence in a northeasterly direction along County Road No. 307 (Rincon-Stillwell Road) to Georgia Highway No. 275. Thence in an easterly direction along Georgia Highway No. 275 to the point on the Savannah River where Georgia Highway No. 275 ends (Ebenezer Landing) which was the point of beginning.
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For purposes of this part: (1) Any part of Effingham County which is not included in any education district described in this part shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (2) Any part of Effingham County which is described in this part as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Effingham County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the regular 1992 Session of the General Assembly of Georgia a bill to amend the act approved March 16, 1987 (Ga. L. 1987, p. 4596) establishing new boundaries for the election districts from which members of the Board of Education of Effingham County shall be elected and for other purposes.
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This 16th day of January, 1992. J. Michael Moore, Superintendent of Schools and Secretary of the Board of Education of Effingham County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who, on oath, deposes and says that she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald, which is the official organ of Effingham County, on the following date: January 22, 1992. /s/ Ann R. Purcell Representative, 129th District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 19, 1992. CITY OF RICEBORONEW CHARTER. No. 614 (House Bill No. 1506). AN ACT To provide a new charter for the City of Riceboro; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers,
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duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE 1 INCORPORATION AND POWERS Section 1.10 . Name. This city and inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style City of Riceboro, 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 Clerk and to be designated, as the case may be: Official Map or Description of the corporate limits of the City of Riceboro, Georgia. Photographic, typed, or other copies of such map or description certified by the City Clerk
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shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redraw map shall supersede for all purposes the entire map or maps which it is designated to replace. Section 1.12 . Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Section 1.13 . Examples of powers. (1) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulation. 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
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State of Georgia; and to provide for the payment of expenses of the city; (4) Building regulation. To regulate and 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 provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof;
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(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing or doing business inside 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 health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation inside 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 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;
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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 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; to provide for the withdrawal of service for refusal or failure to pay the same; to authorize the extension of water, sewage, 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) Nuisance. 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 insure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; 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;
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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 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 regulation 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; 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; to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts
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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 sewage system; to levy on those to whom sewers and sewage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge and for enforcing payment of the same; and to charge, impose and collect a sewer connection fee or fees to those connected with the system; (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; to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials; and to provide for the sale of such recyclable 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 taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements;
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(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; (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 herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the constitution or applicable laws of the State of Georgia. Section 1.14 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
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ARTICLE II GOVERNMENT STRUCTURE Section 2.10 . City council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter. Section 2.11 . City council terms and qualifications for office. The members of 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 immediately prior to the date of the election of mayor or councilmembers; each such person shall continue to reside inside the city during said 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) 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. (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. Section 2.13 . Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
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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 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 financial interest.
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(b) Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he 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 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 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.
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(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) above, shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. Section 2.15 . Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. Section 2.16 . General power and authority of the city council. Except as otherwise provided by the 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 hereby empowered to acquire, construct, operate, and maintain public ways, parks and playgrounds, cemeteries, markets, market houses, public building, libraries, sewers, drains, sewage treatment facilities, water works, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. Section 2.18 . Organizational meetings. The city council shall hold an organizational meeting on the first Tuesday in January. The meeting shall be called to order by the city clerk
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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 (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 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 two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible two days prior to such meetings. Section 2.20 . Rules of procedure. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at his pleasure. The mayor shall have the power to appoint new members to any committee at any time.
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Section 2.21 . Quorum; voting. Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter the affirmative vote of two councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 2.22 . Ordinance form; procedures. (a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Riceboro 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 in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.23 . Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 2.24 . Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced
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in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least two councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.25 . Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of 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 council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted
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by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Riceboro, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.27 . 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 the city immediately preceding his election. He shall continue to reside inside 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 2.28 . 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 2.29 . Powers and duties of mayor. The mayor shall:
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(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 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) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (6) Fulfill such other executive and administrative duties as the city council deems appropriate; (7) Vote in the event that there is a tie vote on a matter before the city council; (8) Be the chief executive of the city; (9) See that all laws and ordinances of the city are faithfully executed; (10) Exercise supervision over all executive and administrative activities; (11) Submit to the city 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; (12) Recommended 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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(13) Call special meetings of the city council as provided for in subsection (b) of Section 2.19 of this charter; (14) Provide for an annual audit of all accounts of the city; (15) Require any department or agency of the city to submit written reports whenever he deems it expedient; and (16) Perform such other duties as may be required by law, this charter, or by ordinance. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES Section 3.10 . Administrative and service departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish or alter all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his 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
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directors under his supervision. The mayor shall give written notice of such action and the reasons therefor to the director involved and to the city council. The director involved shall have 30 days in which he or she may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three 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, quasijudicial or quasi-legislative function the city council deems necessary, and shall by ordinance establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions and authorities of the city shall be appointed by the 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 herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance 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 two members of the city council.
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(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice chairman, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or law as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 3.12 . City attorney. The city council and mayor by majority vote shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.13 . City clerk. (a) The city council and mayor by majority vote 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. (b) The city clerk shall be directed by the city council to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city, and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the city. The city clerk shall also be responsible for the general duties of a treasurer and fiscal officer.
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Section 3.15 . City accountant. The city council shall appoint a city accountant to perform the duties of an accountant. Section 3.17 . Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods 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 . Municipal court. The city by ordinance shall have the authority to establish a court to be known as the Municipal Court of the City of Riceboro along the following lines and authority. 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.
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(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 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. 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 offence within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 120 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.
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(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. 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 mayor's, recorder's, and police courts,
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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 Liberty 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, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10 . Applicability of general law. All 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. Section 5.11 . 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 5.12 . Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall appoint a successor for the remainder of the term. Section 5.13 . Removal of officers. (a) The mayor, councilmembers, or other appointed officers provided for in this
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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 moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of 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 herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Liberty County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Liberty County following a hearing on a complaint seeking such removal brought by any resident of the City of Riceboro.
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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 inside 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 voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13 . Licenses. The city council by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling inside this 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
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may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitates. Section 6.14 . Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television 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, 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. As an alternative the city shall be empowered to levy a tax upon the gross sales of such organizations to all customers serviced by each supplier within the corporate limits of the city and give credit against such tax for any fee paid under the above said franchise agreement by any such organization. Section 6.15 . Services charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16 . Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
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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 and fees. The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi.fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. Section 6.19 . General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20 . Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21 . Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22 . Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
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Section 6.23 . Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.24 . Submission of operating budget to city council. On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25 . Action by city council on budget. (a) The city council may amend the operating budget proposed by the mayor; except, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the first day of the fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. 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
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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 allotment thereof, to which it is chargeable. Section 6.26 . Tax levies. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. Section 6.27 . Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular, special, or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. Section 6.28 . Capital improvements budget. (a) On or before the date fixed by the city council, but no later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing 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.
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(b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the first day of the fiscal year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 6.29 . Independent audit. There shall be an annual independent audit of all city accounts, funds and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. Section 6.30 . Contracting procedures. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by 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.
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(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut-off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the 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 elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11 . Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council. Section 7.14 . Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
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Section 7.15 . Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is 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 of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. Section 7.17 . Repealer. An Act incorporating the City of Riceboro in the County of Liberty, approved April 20, 1926 (Ga. L. 1926, p. 1493), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed. Section 7.18 . Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION Notice is given that there will be introduced at the 1992 Regular Session of the General Assembly a Bill revising, altering, amending and renewing the act incorporating the City of Riceboro, approved August 27, 1927, (Ga. L. 1927, P. 1493), as amended and for other purposes. Ann Purcell Representative of Liberty County, Georgia
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who, on oath, deposes and says that she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Coastal Courier, which is the official organ of Liberty County, on the following date: January 8, 1992. /s/ Ann R. Purcell Representative, 129th District Sworn to and subscribed before me, this 5th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 19, 1992. MURRAY COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 617 (Senate Bill No. 574). AN ACT To amend an Act creating the office of commissioner of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, particularly by an Act approved March 13, 1990 (Ga. L. 1990, p. 3845), so as to change the composition of the commission districts; to provide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; 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 office of commissioner of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, particularly by an Act approved March 13, 1990 (Ga. L. 1990, p. 3845), is amended by striking Section 4 and inserting in its place a new Section 4 to read as follows: Section 4. (a) For the purpose of electing the members of the Board of Commissioners of Murray County, Murray County shall be divided in five commission districts as follows: Commission District: 1 MURRAY COUNTY VTD: 0001 TOWN 824 (Part) Tract: 9903. Block(s): 209A, 209B, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251A, 251B, 301A, 301B, 301C, 301D, 301E, 302, 303, 304, 305A, 305B, 306A, 306B, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 401A, 401B, 402A, 402B, 402C, 403, 404, 405A, 405B, 406, 407, 408, 409, 410, 419, 420A, 420B, 421A, 421B, 422, 425, 426, 427, 501A, 501B, 502A, 502B, 503 Tract: 9904. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 211A, 211B, 212, 213A, 213B, 214, 215A, 215B, 215C, 215D, 216, 217, 220 VTD: 0002 MCDONALD 1013 (Part) Tract: 9902.98 Block(s): 309B, 310B, 329B, 330A, 330C, 330D, 337 Tract: 9903. Block(s): 117, 118B, 119, 120B, 120D, 121, 122, 123
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Tract: 9904. Block(s): 207, 208, 209A, 209B, 210A, 210B VTD: 0006 SHUCK PEN 1039 (Part) Tract: 9902.98 Block(s): 155, 219, 220, 227, 228, 306, 307 VTD: 0007 SPRINGPLACE 1895 (Part) Tract: 9903. Block(s): 328, 329 Tract: 9904. Block(s): 204A, 204B, 204C, 204D, 205, 206, 218, 219, 221, 222, 225, 226, 227 VTD: 0010 CARTERS-DOOLITTLE 872 (Part) Tract: 9903. Block(s): 203, 204, 205, 206, 207, 208, 252, 253, 254, 255 Commission District: 2 MURRAY COUNTY VTD: 0002 MCDONALD 1013 (Part) Tract: 9902.98 Block(s): 102, 103, 104, 105, 106, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 144, 150, 301, 302, 303, 304, 305A, 305B, 309A, 310A, 311, 312, 313, 314, 315A, 315B, 316, 317, 318, 319, 320A, 320B, 320C, 321, 322, 323, 324, 325, 326, 327, 328, 329A, 330B, 331, 332, 333, 334, 335, 336, 338, 339 Tract: 9903. Block(s): 118A, 120A, 120C Tract: 9904. Block(s): 201, 202 Tract: 9906.93 Block(s): 214 Tract: 9906.94 Block(s): 210 Tract: 9906.95 Block(s): 209 Tract: 9906.96 Block(s): 208B Tract: 9906.97
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Block(s): 213 Tract: 9906.98 Block(s): 234B VTD: 0003 CISCO 1011 VTD: 0005 TENTH 874 VTD: 0006 SHUCK PEN 1039 (Part) Tract: 9902.98 Block(s): 107, 108, 109, 110, 111, 112, 153, 154, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 221, 222, 223, 224, 225, 226, 308 VTD: 0007 SPRINGPLACE 1895 (Part) Tract: 9904. Block(s): 203 VTD: 0010 CARTERS-DOOLITTLE 872 (Part) Tract: 9903. Block(s): 102 Commission District: 3 MURRAY COUNTY VTD: 0001 TOWN 824 (Part) Tract: 9903. Block(s): 116 VTD: 0002 MCDONALD 1013 (Part) Tract: 9902.98 Block(s): 141, 142, 143, 151, 152 Tract: 9903. Block(s): 107, 111, 112, 113, 114, 124, 125, 126 VTD: 0008 BULL PEN 1291 (Part) Tract: 9905. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 128, 131, 132, 133, 134, 135, 136 VTD: 0009 EIGHTH 984 VTD: 0010 CARTERS-DOOLITTLE 872 (Part) Tract: 9902.98 Block(s): 148, 149 Tract: 9903. Block(s): 101, 103, 104, 105, 106, 108, 109, 110, 115, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 201, 202,
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513, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684, 685, 686, 687, 688, 689, 690, 691, 692, 693, 694, 695, 696, 697 Tract: 9905. Block(s): 137, 138, 139, 140, 141, 142, 143, 201, 202, 203, 204, 205, 206, 207, 208, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 274 Commission District: 4 MURRAY COUNTY VTD: 0001 TOWN 824 (Part) Tract: 9903. Block(s): 411, 412, 413, 414, 418, 423, 424, 504, 505, 506 VTD: 0007 SPRINGPLACE 1895 (Part) Tract: 9903. Block(s): 330, 331, 332, 333, 334, 335, 336, 337, 415, 416, 417, 509 Tract: 9904. Block(s): 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 531, 532, 533, 534 VTD: 0008 BULL PEN 1291 (Part) Tract: 9903.
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Block(s): 507, 508, 510, 511, 512, 514 Tract: 9904. Block(s): 528, 529, 530, 535 Tract: 9905. Block(s): 101 Commission District: 5 All of Murray County (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commission district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Murray County which is not included in any commission district described in this section shall be included within that commission district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Murray County which is described in this section as being included in a particular commission
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district shall nevertheless not be included within such commission district if such part is not contiguous to such commission district. Such noncontiguous part shall instead be included within that commission district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Murray County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioner of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, particularly by an Act approved March 13, 1990 (Ga. L. 1990, p. 3845); and for other purposes. This 3rd day of January, 1992. 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
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Local Legislation was published in the Chatsworth Times, which is the official organ of Murray County, on the following date: January 15, 1992. /s/ Tom Ramsey Senator, 54th District Sworn to and subscribed before me, this 21st day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved February 21, 1992. HENRY COUNTYBOARD OF EDUCATION; DISTRICTS. No. 618 (House Bill No. 1354). AN ACT To amend an Act providing for the election of the members of the Board of Education of Henry County from districts, approved March 28, 1985 (Ga. L. 1985, p. 4938), so as to reapportion the districts from which members of the Board of Education of Henry County are elected; to provide for a statement of intent; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the election of the members of the Board of Education of Henry County from districts, approved March 28, 1985 (Ga. L. 1985, p. 4938), is amended by striking Section 3 of said Act and inserting in lieu thereof a new Section 3 to read as follows:
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Section 3. For purposes of electing the membership of the board of education, Henry County is divided into districts as follows: District No. 1 shall consist of the following described area of Henry County: Beginning at the intersection of the center of Camp Creek and the center of Jonesboro Road; Thence in a Southeasterly direction along the center of Jonesboro Road to the center of the Southern Railroad right-of-way; Thence in a South and Southeasterly direction along the center of right-of-way of Southern Railroad to the center of State Highway No. 20; Thence in a Northeasterly direction along the center of State Highway No. 20 to the center of Brown Avenue; Thence in a Southeasterly direction along the center of Brown Avenue to the center of Griffin Street; Thence in a Southerly direction along the center of Griffin Street to the center of College Street; Thence in an Easterly direction along the center of College Street to the center of South Cedar Street; Thence in a Southerly direction along the center of South Cedar Street to the Southeastern city limit of McDonough, Georgia; Thence in a Northeasterly direction following the city limit of the City of McDonough, Georgia to the center of Tomlinson Street; Thence in a Westerly direction along the center of Tomlinson Street to the center of Lemon Street;
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Thence in a Northerly direction along center of Lemon Street to the center of McGarity Road; Thence in a Northeasterly direction along the center of McGarity Road to the center of Russell Road; Thence in a Southerly direction along the center of Russell Road extended to the center of Tomlinson Street; Thence in an Easterly and Northerly direction along the center of Tomlinson Street to the center of McGarity Road; Thence in an Easterly direction along the center of McGarity Road to the center of Kalves Creek; Thence in a Southwesterly direction along the center of Kalves Creek to the center of State Highway No. 81; Thence in an Easterly direction along the center of State Highway No. 81 to the center of Austin Drive; Thence in a Northerly direction along the center of Austin Drive to the center of Maranatha Road; Thence in a Westerly direction along the center of Maranatha Road to the center of Snapping Shoals Road; Thence in a Northerly direction along the center of Snapping Shoals Road to the center of Honey Lane; Thence in a Northerly direction along the center of Honey Lane to the center of Honey Creek Road; Thence in a Southeasterly direction along the center of Honey Creek Road to the center of Snapping Shoals Road;
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Thence in an Easterly direction along the center of Snapping Shoals Road to the center of River Road; Thence in a Northerly and Northeasterly direction along the center of River Road to the center of North River Road; Thence in a Northerly and Westerly direction along the center of North River Road to the center of Honey Creek; Thence in a Westerly direction along the center of Honey Creek to the center of Butler's Bridge Drive; Thence in a Southerly direction along the center of Butler's Bridge Drive to the center of Honey Creek Road; Thence in a Westerly direction along the center of Honey Creek Road to the center of North Ola Road; Thence in a Northerly direction along the center of North Ola Road to the center of Butler's Bridge Road; Thence in a Northerly direction along the center of Butler's Bridge Road to the center of South River (which is the boundary line between East Henry County and West Newton County); Thence in a generally Southeasterly direction along the center of the South River and following the meanderings thereof to the common corner formed by the boundary line of East Henry County, North Butts County and Western Newton County; Thence in a generally Southwesterly direction following the boundary line dividing Southeastern Henry County and Northwestern Butts County to the common corner formed by the boundary lines dividing South Henry County, North Butts County and Northeastern Spalding County;
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Thence in a generally Northwesterly direction along the boundary line dividing North Spalding County and South Henry County to the center of Rocky Creek Road; Thence in a Northerly direction along the center of Rocky Creek Road to the center of Hampton-Locust Grove Road; Thence in an Easterly direction along the center of Hampton-Locust Grove Road to the center of Simpson Mill Road; Thence in a Northerly direction along the center of Simpson Mill Road to the center of State Highway No. 20; Thence in a Northeasterly direction along the center of State Highway No. 20 to the center of Interstate Highway No. 75; Thence in a Northwesterly direction along the center of Interstate Highway No. 75 to the center of Long Branch, extended; Thence in a Northeasterly direction along the center of Long Branch to the center of Bridges Road; Thence in an Easterly direction along the center of Bridges Road to the center of Camp Creek; Thence in a Northeasterly direction along the center of Camp Creek to the center of Jonesboro Road and the point of beginning. District No. 2 shall consist of the following described area of Henry County: Beginning at the intersection of the high water mark at the Southern edge of Lake Spivey and the common boundary line dividing the Western part of Henry County and the Eastern part of Clayton County;
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Thence in a Northeasterly direction along the high water mark of Lake Spivey to the center of Rum Creek; Thence in an Easterly direction along the center of Rum Creek to the center of Interstate Highway No. 75; Thence in a Southeasterly direction along the center of Interstate Highway No. 75 to the center of Walnut Creek; Thence in an Easterly direction along the center of Walnut Creek to the center of the Southern Railroad right-of-way; Thence in a Southeasterly direction along the center of the Southern Railroad right-of-way to the center of Camp Creek; Thence in a Southwesterly direction along the center of Camp Creek to the center of Bridges Road; Thence in a Westerly direction along the center of Bridges Road to the center of Long Branch; Thence in a Southwesterly direction along the center of Long Branch extended to the center of Interstate Highway No. 75; Thence in a Southeasterly direction along the center of Interstate Highway No. 75 to the center of Georgia Highway No. 20; Thence in a Southwesterly direction along the center of Georgia Highway No. 20 to the center of Simpson Mill Road; Thence in a Southerly direction along the center of Simpson Mill Road to the center of Hampton-Locust Grove Road;
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Thence in a Westerly direction along the center of Hampton-Locust Grove Road to the center of Rocky Creek Road; Thence in a Southerly direction along the center of Rocky Creek Road to the common boundary line separating the Southern part of Henry County from the Northern part of Spalding County; Thence in a Westerly direction along the common boundary line separating the Southern part of Henry County from the Northern part of Spalding County to the common boundary line separating the Western part of Henry County from the Eastern part of Clayton County; Thence in a Northerly, Easterly and Northerly direction along the common boundary line separating the Western part of Henry County from the Eastern part of Clayton County to the high water mark at the Southern edge of Lake Spivey and the point of beginning. District No. 3 shall consist of the following described area of Henry County: Beginning at the intersection of the center of Camp Creek and the center of Jonesboro Road; Thence in a Northerly direction along the center of Camp Creek to the center of the Southern Railroad right-of-way; Thence in a Northwesterly direction along the center of the Southern Railroad right-of-way to the center of Walnut Creek; Thence in a Westerly direction along the center of Walnut Creek and following the meanderings thereof to the center of Interstate Highway No. 75;
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Thence in a Northerly direction along the center of Interstate Highway No. 75 to the center of Eagle's Landing Parkway; Thence in a Northeasterly direction along the center of Eagle's Landing Parkway to the center of U. S. Highway No. 23 and State Highway No. 42; Thence in a Northwesterly direction along the center of U. S. Highway No. 23 and State Highway No. 42 to the center of State Highway No. 138; Thence in an Easterly direction along the center of State Highway No. 138 to the center of Miller's Mill Road; Thence in an Easterly direction along the center of Miller's Mill Road to the center of State Highway No. 155; Thence in a Northerly direction along the center of State Highway No. 155 to the center of Hemphill Road; Thence in a Northeasterly direction along the center of Hemphill Road to the center of Bentley Hill Drive; Thence in a Northerly direction along the center of Bentley Hill Drive to the center of Camp Creek, said point also being the common boundary between Northeast Henry County and Southwest Rockdale County; Thence in a generally Southeasterly direction along the center of Camp Creek and following the meanderings thereof (which Camp Creek forms the common boundary line dividing Northeastern Henry County from Southwestern Rockdale County) to its intersection with the South River; Thence in a generally Southeasterly direction along the center of the South River, also being the common
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boundary line dividing Southeastern Rockdale County and Western Newton County and Northeastern Henry County, to the center of Butler's Bridge Road; Thence in a Southwesterly direction along the center of Butler's Bridge Road to the center of North Ola Road; Thence in a Southerly direction along the center of North Ola Road to the center of Honey Creek Road; Thence in an Easterly direction along the center of Honey Creek Road to the center of Butler's Bridge Drive; Thence in a Northerly direction along the center of Butler's Bridge Drive to the center of Honey Creek; Thence in a generally Southeasterly direction along the center of Honey Creek and following the meanderings thereof to the center of North River Road; Thence in a Southerly direction along the center of North River Road to the center of River Road; Thence in a Southwesterly direction along the center of River Road to the center of Snapping Shoals Road; Thence in a Westerly direction along the center of Snapping Shoals Road to the center of Honey Creek Road; Thence in a Northeasterly direction along the center of Honey Creek Road to the center of Honey Lane; Thence in a Southerly direction along the center of Honey Lane to the center of Snapping Shoals Road;
Page 4665
Thence in a Southerly direction along the center of Snapping Shoals Road to the center of Maranatha Road; Thence in an Easterly direction along the center of Maranatha Road to the center of Austin Drive; Thence in a Southerly direction along the center of Austin Drive to the center of State Highway No. 81; Thence in a Westerly direction along the center of State Highway No. 81 to the center of Kalves Creek; Thence in a Northeasterly direction along the center of Kalves Creek to the center of McGarity Road; Thence in a Westerly direction along the center of McGarity Road to the center of Tomlinson Street; Thence in a Southerly and then Westerly direction along the center of Tomlinson Street to the center of Russell Road, extended; Thence in a Northerly direction along the center of Russell Road to the center of McGarity Road; Thence in a Westerly direction along the center of McGarity Road to the center of Lemon Street; Thence in a Southerly direction along the center of Lemon Street to the center of Tomlinson Street; Thence in an Easterly direction along the center of Tomlinson Street to the Eastern city limit of the City of McDonough, Georgia; Thence in a Southwesterly direction following the city limit of the City of McDonough, Georgia, to the center of South Cedar Street; Thence in a Northerly direction along the center of South Cedar Street to the center of College Street;
Page 4666
Thence in a Westerly direction along the center of College Street to Griffin Street; Thence in a Northerly direction along the center of Griffin Street to the center of Brown Avenue; Thence in a Northwesterly direction along the center of Brown Avenue to the center of State Highway No. 20; Thence in a Southeasterly direction along the center of State Highway No. 20 to the center of the Southern Railroad right-of-way; Thence in a Northwesterly direction along the center of the Southern Railroad right-of-way to the center of Jonesboro Road; Thence in a Northwesterly direction along the center of Jonesboro Road to the center of Camp Creek and the point of beginning. District No. 4 shall consist of the following described area of Henry County: Beginning at the intersection of the high water mark at the Southern edge of Lake Spivey with the common boundary line dividing the Western part of Henry County from the Eastern part of Clayton County; Thence in a Northerly direction along the common boundary line dividing the Western part of Henry County from the Eastern part of Clayton County to the center of Rex Road; Thence in a Northeasterly direction along the center of Rex Road to the center of East Atlanta Road; Thence in a Southeasterly direction along the center of East Atlanta Road to the center of Flat Rock Road;
Page 4667
Thence in an Easterly and Southeasterly direction along the center of Flat Rock Road to the center of West Hemphill Road; Thence in an Easterly direction along the center of West Hemphill Road to the intersection of West Hemphill Road, State Highway No. 138 and Hemphill Road; Thence in an Easterly direction along the center of Hemphill Road to the center of Moseley Road; Thence in a Southeasterly direction along the center of Moseley Road to the center of State Highway No. 155; Thence in a Southerly direction along the center of State Highway No. 155 to the center of Miller's Mill Road; Thence in a Westerly direction along the center of Miller's Mill Road to the center of State Highway No. 138; Thence in a Westerly direction along the center of State Highway No. 138 to the center of U.S. Highway No. 23 and State Highway No. 42; Thence in a Southerly direction along the center of U.S. Highway No. 23 and State Highway No. 42 to the center of Eagle's Landing Parkway; Thence in a Southwesterly direction along the center of Eagle's Landing Parkway to the center of Interstate Highway No. 75; Thence in a Northwesterly direction along the center of Interstate Highway No. 75 to the center of Rum Creek;
Page 4668
Thence in a Westerly direction along the center of Rum Creek to the high water mark at the Eastern edge of Lake Spivey; Thence in a Southwesterly direction along the Southeastern high water mark of Lake Spivey to the common boundary line dividing Eastern Clayton County and Western Henry County and the point of beginning. District No. 5 shall consist of the following described area of Henry County: Beginning at the intersection of the center of Rex Road with the common boundary line dividing Eastern Clayton County and Western Henry County; Thence in a Northerly direction along the common boundary line dividing Western Henry County and Eastern Clayton County to the common boundary line of Northern Henry County and Southern DeKalb County; Thence in an Easterly direction along the common boundary line dividing Northern Henry County and Southern DeKalb County to the common corner formed by the boundary line dividing Northern Henry County from Southern DeKalb County and the boundary line dividing Northeastern Henry County from Western Rockdale County; Thence in a Southeasterly direction along the common boundary line dividing Northeastern Henry County and Southwestern Rockdale County to Bentley Hill Drive; Thence in a Southwesterly direction along the center of Bentley Hill Drive to the center of Hemphill Road; Thence in a Southwesterly direction along the center of Hemphill Road to the center of State Highway No. 155;
Page 4669
Thence in a Southeasterly and Southerly direction along the center of State Highway No. 155 to the center of Moseley Road; Thence in a Westerly direction along the center of Moseley Road to the center of Hemphill Road; Thence in a Westerly direction along the center of Hemphill Road to the intersection of Hemphill Road, State Highway No. 138 and West Hemphill Road; Thence in a Westerly direction along the center of West Hemphill Road to the center of Flat Rock Road; Thence in a Northwesterly direction along the center of Flat Rock Road to the center of East Atlanta Road; Thence in a Northwesterly direction along the center of East Atlanta Road to the center of Rex Road; Thence in a Southwesterly direction along the center of Rex Road to the common boundary line dividing Western Henry County and Eastern Clayton County and being the point of beginning. Section 2 . It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Henry County are to be elected in the November, 1992, general election and in subsequent general elections and results from changes in population based on the United States decennial census of 1990. Except as provided in this Act, it is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 4670
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill entitled An Act to provide for the election of the members of the Board of Education of Henry County from districts, approved March 28, 1985 (Ga. L. 1985, p. 4938); and for other purposes. This 8th day of January, 1992. Honorable Wesley Dunn Representative, 73rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wesley Dunn, who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry Herald, which is the official organ of Henry County, on the following date: January 17, 1992. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved February 21, 1992.
Page 4671
HENRY COUNTYBOARD OF COMMISSIONERS; DISTRICTS; TERMS. No. 619 (House Bill No. 1355). AN ACT To amend an Act providing a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4415) and an Act approved April 4, 1990 (Ga. L. 1990, p. 5232), so as to reapportion commissioner districts for the election of members of the board of commissioners; to provide for terms; to provide for intent; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4415) and an Act approved April 4, 1990 (Ga. L. 1990, p. 5232), is amended by striking Section 2 of said Act, except the new unnumbered paragraph added at the end of Section 2 by an Act approved April 4, 1990 (Ga. L. 1990, p. 5232), which is currently under review by the United States Attorney General pursuant to the federal Voting Rights Act of 1965, as amended, and inserting in lieu thereof the following: Section 2. For purposes of electing the membership of the board of commissioners, Henry County is divided into districts as follows: Commissioner District No. 1 shall consist of the following described area of Henry County: Beginning at the intersection of the center of Camp Creek and the center of Jonesboro Road;
Page 4672
Thence in a Southeasterly direction along the center of Jonesboro Road to the center of the Southern Railroad right-of-way; Thence in a South and Southeasterly direction along the center of right-of-way of Southern Railroad to the center of State Highway No. 20; Thence in a Northeasterly direction along the center of State Highway No. 20 to the center of Brown Avenue; Thence in a Southeasterly direction along the center of Brown Avenue to the center of Griffin Street; Thence in a Southerly direction along the center of Griffin Street to the center of College Street; Thence in an Easterly direction along the center of College Street to the center of South Cedar Street; Thence in a Southerly direction along the center of South Cedar Street to the Southeastern city limit of McDonough, Georgia; Thence in a Northeasterly direction following the city limit of the City of McDonough, Georgia to the center of Tomlinson Street; Thence in a Westerly direction along the center of Tomlinson Street to the center of Lemon Street; Thence in a Northerly direction along center of Lemon Street to the center of McGarity Road; Thence in a Northeasterly direction along the center of McGarity Road to the center of Russell Road; Thence in a Southerly direction along the center of Russell Road extended to the center of Tomlinson Street;
Page 4673
Thence in an Easterly and Northerly direction along the center of Tomlinson Street to the center of McGarity Road; Thence in an Easterly direction along the center of McGarity Road to the center of Kalves Creek; Thence in a Southwesterly direction along the center of Kalves Creek to the center of State Highway No. 81; Thence in an Easterly direction along the center of State Highway No. 81 to the center of Austin Drive; Thence in a Northerly direction along the center of Austin Drive to the center of Maranatha Road; Thence in a Westerly direction along the center of Maranatha Road to the center of Snapping Shoals Road; Thence in a Northerly direction along the center of Snapping Shoals Road to the center of Honey Lane; Thence in a Northerly direction along the center of Honey Lane to the center of Honey Creek Road; Thence in a Southeasterly direction along the center of Honey Creek Road to the center of Snapping Shoals Road; Thence in an Easterly direction along the center of Snapping Shoals Road to the center of River Road; Thence in a Northerly and Northeasterly direction along the center of River Road to the center of North River Road; Thence in a Northerly and Westerly direction along the center of North River Road to the center of Honey Creek;
Page 4674
Thence in a Westerly direction along the center of Honey Creek to the center of Butler's Bridge Drive; Thence in a Southerly direction along the center of Butler's Bridge Drive to the center of Honey Creek Road; Thence in a Westerly direction along the center of Honey Creek Road to the center of North Ola Road; Thence in a Northerly direction along the center of North Ola Road to the center of Butler's Bridge Road; Thence in a Northerly direction along the center of Butler's Bridge Road to the center of South River (which is the boundary line between East Henry County and West Newton County); Thence in a generally Southeasterly direction along the center of the South River and following the meanderings thereof to the common corner formed by the boundary line of East Henry County, North Butts County and Western Newton County; Thence in a generally Southwesterly direction following the boundary line dividing Southeastern Henry County and Northwestern Butts County to the common corner formed by the boundary lines dividing South Henry County, North Butts County and Northeastern Spalding County; Thence in a generally Northwesterly direction along the boundary line dividing North Spalding County and South Henry County to the center of Rocky Creek Road; Thence in a Northerly direction along the center of Rocky Creek Road to the center of Hampton-Locust Grove Road;
Page 4675
Thence in an Easterly direction along the center of Hampton-Locust Grove Road to the center of Simpson Mill Road; Thence in a Northerly direction along the center of Simpson Mill Road to the center of State Highway No. 20; Thence in a Northeasterly direction along the center of State Highway No. 20 to the center of Interstate Highway No. 75; Thence in a Northwesterly direction along the center of Interstate Highway No. 75 to the center of Long Branch, extended; Thence in a Northeasterly direction along the center of Long Branch to the center of Bridges Road; Thence in an Easterly direction along the center of Bridges Road to the center of Camp Creek; Thence in a Northeasterly direction along the center of Camp Creek to the center of Jonesboro Road and the point of beginning. Commissioner District No. 2 shall consist of the following described area of Henry County: Beginning at the intersection of the high water mark at the Southern edge of Lake Spivey and the common boundary line dividing the Western part of Henry County and the Eastern part of Clayton County; Thence in a Northeasterly direction along the high water mark of Lake Spivey to the center of Rum Creek; Thence in an Easterly direction along the center of Rum Creek to the center of Interstate Highway No. 75;
Page 4676
Thence in a Southeasterly direction along the center of Interstate Highway No. 75 to the center of Walnut Creek; Thence in an Easterly direction along the center of Walnut Creek to the center of the Southern Railroad right-of-way; Thence in a Southeasterly direction along the center of the Southern Railroad right-of-way to the center of Camp Creek; Thence in a Southwesterly direction along the center of Camp Creek to the center of Bridges Road; Thence in a Westerly direction along the center of Bridges Road to the center of Long Branch; Thence in a Southwesterly direction along the center of Long Branch extended to the center of Interstate Highway No. 75; Thence in a Southeasterly direction along the center of Interstate Highway No. 75 to the center of Georgia Highway No. 20; Thence in a Southwesterly direction along the center of Georgia Highway No. 20 to the center of Simpson Mill Road; Thence in a Southerly direction along the center of Simpson Mill Road to the center of Hampton-Locust Grove Road; Thence in a Westerly direction along the center of Hampton-Locust Grove Road to the center of Rocky Creek Road; Thence in a Southerly direction along the center of Rocky Creek Road to the common boundary line separating the Southern part of Henry County from the Northern part of Spalding County;
Page 4677
Thence in a Westerly direction along the common boundary line separating the Southern part of Henry County from the Northern part of Spalding County to the common boundary line separating the Western part of Henry County from the Eastern part of Clayton County; Thence in a Northerly, Easterly and Northerly direction along the common boundary line separating the Western part of Henry County from the Eastern part of Clayton County to the high water mark at the Southern edge of Lake Spivey and the point of beginning. Commissioner District No. 3 shall consist of the following described area of Henry County: Beginning at the intersection of the center of Camp Creek and the center of Jonesboro Road; Thence in a Northerly direction along the center of Camp Creek to the center of the Southern Railroad right-of-way; Thence in a Northwesterly direction along the center of the Southern Railroad right-of-way to the center of Walnut Creek; Thence in a Westerly direction along the center of Walnut Creek and following the meanderings thereof to the center of Interstate Highway No. 75; Thence in a Northerly direction along the center of Interstate Highway No. 75 to the center of Eagle's Landing Parkway; Thence in a Northeasterly direction along the center of Eagle's Landing Parkway to the center of U. S. Highway No. 23 and State Highway No. 42;
Page 4678
Thence in a Northwesterly direction along the center of U. S. Highway No. 23 and State Highway No. 42 to the center of State Highway No. 138; Thence in an Easterly direction along the center of State Highway No. 138 to the center of Miller's Mill Road; Thence in an Easterly direction along the center of Miller's Mill Road to the center of State Highway No. 155; Thence in a Northerly direction along the center of State Highway No. 155 to the center of Hemphill Road; Thence in a Northeasterly direction along the center of Hemphill Road to the center of Bentley Hill Drive; Thence in a Northerly direction along the center of Bentley Hill Drive to the center of Camp Creek, said point also being the common boundary between Northeast Henry County and Southwest Rockdale County; Thence in a generally Southeasterly direction along the center of Camp Creek and following the meanderings thereof (which Camp Creek forms the common boundary line dividing Northeastern Henry County from Southwestern Rockdale County) to its intersection with the South River; Thence in a generally Southeasterly direction along the center of the South River, also being the common boundary line dividing Southeastern Rockdale County and Western Newton County and Northeastern Henry County, to the center of Butler's Bridge Road; Thence in a Southwesterly direction along the center of Butler's Bridge Road to the center of North Ola Road;
Page 4679
Thence in a Southerly direction along the center of North Ola Road to the center of Honey Creek Road; Thence in an Easterly direction along the center of Honey Creek Road to the center of Butler's Bridge Drive; Thence in a Northerly direction along the center of Butler's Bridge Drive to the center of Honey Creek; Thence in a generally Southeasterly direction along the center of Honey Creek and following the meanderings thereof to the center of North River Road; Thence in a Southerly direction along the center of North River Road to the center of River Road; Thence in a Southwesterly direction along the center of River Road to the center of Snapping Shoals Road; Thence in a Westerly direction along the center of Snapping Shoals Road to the center of Honey Creek Road; Thence in a Northeasterly direction along the center of Honey Creek Road to the center of Honey Lane; Thence in a Southerly direction along the center of Honey Lane to the center of Snapping Shoals Road; Thence in a Southerly direction along the center of Snapping Shoals Road to the center of Maranatha Road; Thence in an Easterly direction along the center of Maranatha Road to the center of Austin Drive; Thence in a Southerly direction along the center of Austin Drive to the center of State Highway No. 81;
Page 4680
Thence in a Westerly direction along the center of State Highway No. 81 to the center of Kalves Creek; Thence in a Northeasterly direction along the center of Kalves Creek to the center of McGarity Road; Thence in a Westerly direction along the center of McGarity Road to the center of Tomlinson Street; Thence in a Southerly and then Westerly direction along the center of Tomlinson Street to the center of Russell Road, extended; Thence in a Northerly direction along the center of Russell Road to the center of McGarity Road; Thence in a Westerly direction along the center of McGarity Road to the center of Lemon Street; Thence in a Southerly direction along the center of Lemon Street to the center of Tomlinson Street; Thence in an Easterly direction along the center of Tomlinson Street to the Eastern city limit of the City of McDonough, Georgia; Thence in a Southwesterly direction following the city limit of the City of McDonough, Georgia, to the center of South Cedar Street; Thence in a Northerly direction along the center of South Cedar Street to the center of College Street; Thence in a Westerly direction along the center of College Street to Griffin Street; Thence in a Northerly direction along the center of Griffin Street to the center of Brown Avenue; Thence in a Northwesterly direction along the center of Brown Avenue to the center of State Highway No. 20;
Page 4681
Thence in a Southeasterly direction along the center of State Highway No. 20 to the center of the Southern Railroad right-of-way; Thence in a Northwesterly direction along the center of the Southern Railroad right-of-way to the center of Jonesboro Road; Thence in a Northwesterly direction along the center of Jonesboro Road to the center of Camp Creek and the point of beginning. Commissioner District No. 4 shall consist of the following described area of Henry County: Beginning at the intersection of the high water mark at the Southern edge of Lake Spivey with the common boundary line dividing the Western part of Henry County from the Eastern part of Clayton County; Thence in a Northerly direction along the common boundary line dividing the Western part of Henry County from the Eastern part of Clayton County to the center of Rex Road; Thence in a Northeasterly direction along the center of Rex Road to the center of East Atlanta Road; Thence in a Southeasterly direction along the center of East Atlanta Road to the center of Flat Rock Road; Thence in an Easterly and Southeasterly direction along the center of Flat Rock Road to the center of West Hemphill Road; Thence in an Easterly direction along the center of West Hemphill Road to the intersection of West Hemphill Road, State Highway No. 138 and Hemphill Road;
Page 4682
Thence in an Easterly direction along the center of Hemphill Road to the center of Moseley Road; Thence in a Southeasterly direction along the center of Moseley Road to the center of State Highway No. 155; Thence in a Southerly direction along the center of State Highway No. 155 to the center of Miller's Mill Road; Thence in a Westerly direction along the center of Miller's Mill Road to the center of State Highway No. 138; Thence in a Westerly direction along the center of State Highway No. 138 to the center of U.S. Highway No. 23 and State Highway No. 42; Thence in a Southerly direction along the center of U.S. Highway No. 23 and State Highway No. 42 to the center of Eagle's Landing Parkway; Thence in a Southwesterly direction along the center of Eagle's Landing Parkway to the center of Interstate Highway No. 75; Thence in a Northwesterly direction along the center of Interstate Highway No. 75 to the center of Rum Creek; Thence in a Westerly direction along the center of Rum Creek to the high water mark at the Eastern edge of Lake Spivey; Thence in a Southwesterly direction along the Southeastern high water mark of Lake Spivey to the common boundary line dividing Eastern Clayton County and Western Henry County and the point of beginning.
Page 4683
Commissioner District No. 5 shall consist of the following described area of Henry County: Beginning at the intersection of the center of Rex Road with the common boundary line dividing Eastern Clayton County and Western Henry County; Thence in a Northerly direction along the common boundary line dividing Western Henry County and Eastern Clayton County to the common boundary line of Northern Henry County and Southern DeKalb County; Thence in an Easterly direction along the common boundary line dividing Northern Henry County and Southern DeKalb County to the common corner formed by the boundary line dividing Northern Henry County from Southern DeKalb County and the boundary line dividing Northeastern Henry County from Western Rockdale County; Thence in a Southeasterly direction along the common boundary line dividing Northeastern Henry County and Southwestern Rockdale County to Bentley Hill Drive; Thence in a Southwesterly direction along the center of Bentley Hill Drive to the center of Hemphill Road; Thence in a Southwesterly direction along the center of Hemphill Road to the center of State Highway No. 155; Thence in a Southeasterly and Southerly direction along the center of State Highway No. 155 to the center of Moseley Road; Thence in a Westerly direction along the center of Moseley Road to the center of Hemphill Road;
Page 4684
Thence in a Westerly direction along the center of Hemphill Road to the intersection of Hemphill Road, State Highway No. 138 and West Hemphill Road; Thence in a Westerly direction along the center of West Hemphill Road to the center of Flat Rock Road; Thence in a Northwesterly direction along the center of Flat Rock Road to the center of East Atlanta Road; Thence in a Northwesterly direction along the center of East Atlanta Road to the center of Rex Road; Thence in a Southwesterly direction along the center of Rex Road to the common boundary line dividing Western Henry County and Eastern Clayton County and being the point of beginning. Section 2 . All members of the Board of Commissioners of Henry County in office on February 1, 1992, shall serve for the remainder of their unexpired terms of office and their successors shall be elected as provided by local law applicable thereto from the districts as reapportioned by this Act. It is not the intention of the General Assembly to affect any changes made in applicable local law by the Act approved April 4, 1990 (Ga. L. 1990, p. 5232), which is currently under review by the United States Attorney General pursuant to the federal Voting Rights Act of 1965, as amended. If such 1990 Act is allowed to take effect under such federal law, the unnumbered paragraph added to Section 2 of the 1974 Act creating the board of commissioners shall take effect. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Commissioners of Henry County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Page 4685
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 1992 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to amend an Act providing a new board of commissioners of Henry County, approved March 24, 1974 (Ga. L. 1974, p. 3680), as amended; and for other purposes. This 8th day of January, 1992. Honorable Wesley Dunn Representative, 73rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wesley Dunn, who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry Herald, which is the official organ of Henry County, on the following date: January 17, 1992. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved February 21, 1992.
Page 4686
EVANS COUNTYBOARD OF EDUCATION; DISTRICTS; TERMS. No. 620 (House Bill No. 1456). AN ACT To amend an Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, approved March 26, 1987 (Ga. L. 1987, p. 4782), so as to reapportion the Education Districts; to provide for definitions and insertions; to provide that all members of the board shall complete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; 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 of the Board of Education of Evans County and for the election of the members of said board, approved March 26, 1987 (Ga. L. 1987, p. 4782), is amended by striking Section 2 in its entirety and inserting a new section to read as follows: Section 2. (a) For the purpose of electing the members of the board other than the chairperson, the Evans County School District shall be divided into five education districts as follows: Education District: 1 EVANS COUNTY VTD: 0005 COURTHOUSE ANNEX (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 117, 119A, 119B, 120, 121, 134, 135 Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118,
Page 4687
119, 120, 121, 122A, 122B, 123, 124, 125A, 125B, 126A, 126B, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 248A, 248B, 250, 251, 252, 259, 260, 261, 262, 263 VTD: 0015 UNDINE (Part) Tract: 9702. Block(s): 107, 108, 109, 110, 111, 112B, 113B, 114, 115C, 116, 118 Education District: 2 EVANS COUNTY VTD: 0010 HAGAN CITY HALL (Part) Tract: 9702. Block(s): 112A, 113A, 115A, 115B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 205, 206, 207, 208, 209, 210, 211A, 211B, 212, 213, 214A, 214B, 215, 216, 217, 218, 219, 220, 232, 233, 234, 235, 236, 237, 238, 239, 240, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 251C, 252, 253A, 254A, 254B, 255, 256, 257, 258, 259, 260, 261, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 312, 313A, 314A, 316, 317, 318, 319, 320, 321A, 327A, 428A, 428B, 428C, 428D, 429A, 430A, 431A, 432A, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442A, 443, 444, 445 VTD: 0015 UNDINE (Part) Tract: 9702. Block(s): 401, 426B, 428E, 428F, 429B, 429C, 430B, 431B, 432B Education District: 3 EVANS COUNTY VTD: 0015 UNDINE (Part) Tract: 9701. Block(s): 102A, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139,
Page 4688
140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 156, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 Tract: 9702. Block(s): 402, 405, 406, 427, 430C VTD: 0020 CANOOCHEE (Part) Tract: 9701. Block(s): 101, 102B, 155, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 Education District: 4 EVANS COUNTY VTD: 0025 DAISY AND NEDER CENTER (Part) Tract: 9703. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241A, 241B, 242, 243, 244, 245, 246, 247, 249A, 249B, 253, 254, 255, 256, 257, 258, 264, 265, 266, 267, 268A, 268B, 269, 270, 271, 272, 273, 274, 275A, 275B, 276A, 276B, 277A, 277B, 278, 301, 302, 303, 304A, 304B, 305, 306, 312, 313, 314, 315, 321, 322, 329A, 329B, 330A, 330B, 331, 332, 333, 334, 335, 336, 337, 338, 339, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 374, 375, 376, 377, 384, 385, 386, 387, 401, 402, 403A, 403B, 403C, 404, 405, 406A, 406B, 407, 408, 409, 410, 411A, 411B, 412A,
Page 4689
412B, 413, 414, 415, 416A, 416B, 417, 418, 419, 420, 421A, 421B, 422, 423, 424, 425, 426, 427, 428, 429, 430A, 430B, 431, 432, 433A, 433B, 434A, 434B, 435A, 435B, 436, 437A, 437B, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 488, 489, 490, 491, 492, 493, 494, 496, 497 Education District: 5 EVANS COUNTY VTD: 0025 DAISY AND NEDER CENTER (Part) Tract: 9703. Block(s): 328A, 328B, 340, 344 VTD: 0030 CLAYTON CITY HALL (Part) Tract: 9702. Block(s): 201, 202, 203, 204, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 241, 251D, 253B, 262A, 262B, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 321B, 322, 323, 324, 325, 326, 327B, 328, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 386, 387, 393, 394, 397 Tract: 9703. Block(s): 307, 308, 309, 310, 311, 316, 317, 318, 319, 320, 323, 324, 325, 326A, 326B, 327A, 327B, 341, 342, 343, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 378, 379, 380, 381, 382, 383, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 495 VTD: 0035 BELLVILLE (Part) Tract: 9702. Block(s): 311B, 313B, 314B, 315, 329, 330, 331, 332, 333, 334, 335, 336, 337, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 388, 389, 390, 391, 392, 395, 396, 403, 404, 407A, 407B, 408, 409A, 409B, 410A, 410B, 411, 412, 413, 414A, 414B, 415, 416, 417, 418, 419A,
Page 4690
419B, 420, 421, 422, 423, 424, 425, 426A, 442B, 446, 447, 448, 449, 450, 451, 452, 453, 454A, 454B, 454C, 455A, 455B, 456A, 456B, 457, 458, 459, 460, 461A, 461B, 462, 463, 464, 465A, 465B, 465C, 466A, 466B, 467, 468A, 468B, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478A, 478B, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Evans County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Evans County which is described in this section as being included in a particular education district shall nevertheless not be included within such education
Page 4691
district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Said Act is further amended by striking Section 4 in its entirety and inserting a new section to read as follows: Section 4. (a) Notwithstanding those changes in descriptions of education districts which become effective at the same time this section becomes effective, members of the board shall serve the term for which they were elected and until their successors are elected and qualified. (b) Effective on the first Monday in January, 1993, the members of the board representing Education Districts 3 and 5 in accordance with the education districts which become effective in 1993 shall be the former members of the board of education representing Education Districts 3 and 5 who were elected at the general election in 1990 under previously existing provisions of this Act, and said members of the board of education so elected and the chairperson shall serve for the terms of office to which they were elected, which shall expire on the Sunday preceding the first Monday in January, 1995, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and shall take office on the first Monday in January, 1995, for terms of four years and until their successors are elected and qualified. (c) The members representing Education Districts 1, 2, and 4 shall be elected at the general election of 1992 and shall take office on the first Monday in January, 1993, for terms of four years and until their successors are elected and qualified. (d) Successors to the chairperson and members elected under subsections (b) and (c) and future successors shall be elected at the general election immediately preceding the expiration
Page 4692
of the respective terms of office and shall take office on the first Monday in January immediately following their election for terms of four years and until their successors are elected and qualified. Section 4 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Evans County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 5 . Except for the provisions of this Act relating to and necessary for the election of the members of the board of education of Evans County in 1992, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of education 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 1992 session of the General Assembly of Georgia a bill to provide for the reapportionment of the board of education of Evans County; for for other purposes. This 6th day of January, 1992. Honorable Clinton Oliver Representative, 121st District.
Page 4693
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 Enterprise, which is the official organ of Evans County, on the following date: January 9, 1992. /s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 21, 1992. EVANS COUNTYBOARD OF COMMISSIONERS; DISTRICTS; TERMS. No. 621 (House Bill No. 1457). AN ACT To amend an Act creating a Board of Commissioners of Roads and Revenues for Evans County, approved August 16, 1915 (Ga. L. 1915, p. 220), as amended, particularly by an Act approved July 22, 1922 (Ga. L. 1922, p. 357), so as to reapportion the election districts for members of the board of commissioners; to provide that the member representing each district shall be elected by a majority of the voters voting in the election who are residents of said election district; to provide that members currently serving on the board of commissioners shall complete
Page 4694
their terms of office; to provide for related matters; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event a certain contingency occurs; 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 Evans County, approved August 16, 1915 (Ga. L. 1915, p. 220), as amended, particularly by an Act approved July 22, 1922 (Ga. L. 1922, p. 357), is amended by striking Sections 1 through 6 in their entirety and inserting new sections to read as follows: Section 1. The Board of Commissioners of Evans County shall consist of five members. The members of the board of commissioners shall be freeholders and qualified voters of the county, and of good moral character, and shall reside in the election district from which they are elected, which districts are defined in a later section of this Act. The members of the board of commissioners shall be persons of good business qualities and experiences. Section 2. For the purposes of this Act, Evans County shall be divided into five election districts as follows: Election District: 1 EVANS COUNTY VTD: 0005 COURTHOUSE ANNEX (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 117, 119A, 119B, 120, 121, 134, 135 Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123, 124, 125A, 125B, 126A, 126B, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 248A, 248B, 250, 251, 252, 259, 260, 261, 262, 263
Page 4695
VTD: 0015 UNDINE (Part) Tract: 9702. Block(s): 107, 108, 109, 110, 111, 112B, 113B, 114, 115C, 116, 118 Election District: 2 EVANS COUNTY VTD: 0010 HAGAN CITY HALL (Part) Tract: 9702. Block(s): 112A, 113A, 115A, 115B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 205, 206, 207, 208, 209, 210, 211A, 211B, 212, 213, 214A, 214B, 215, 216, 217, 218, 219, 220, 232, 233, 234, 235, 236, 237, 238, 239, 240, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 251C, 252, 253A, 254A, 254B, 255, 256, 257, 258, 259, 260, 261, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 312, 313A, 314A, 316, 317, 318, 319, 320, 321A, 327A, 428A, 428B, 428C, 428D, 429A, 430A, 431A, 432A, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442A, 443, 444, 445 VTD: 0015 UNDINE (Part) Tract: 9702. Block(s): 401, 426B, 428E, 428F, 429B, 429C, 430B, 431B, 432B Election District: 3 EVANS COUNTY VTD: 0015 UNDINE (Part) Tract: 9701. Block(s): 102A, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 156, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 Tract: 9702. Block(s): 402, 405, 406, 427, 430C
Page 4696
VTD: 0020 CANOOCHEE (Part) Tract: 9701. Block(s): 101, 102B, 155, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 Election District: 4 EVANS COUNTY VTD: 0025 DAISY AND NEDER CENTER (Part) Tract: 9703. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241A, 241B, 242, 243, 244, 245, 246, 247, 249A, 249B, 253, 254, 255, 256, 257, 258, 264, 265, 266, 267, 268A, 268B, 269, 270, 271, 272, 273, 274, 275A, 275B, 276A, 276B, 277A, 277B, 278, 301, 302, 303, 304A, 304B, 305, 306, 312, 313, 314, 315, 321, 322, 329A, 329B, 330A, 331, 332, 333, 334, 335, 336, 337, 338, 339, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 374, 375, 376, 377, 384, 385, 386, 387, 401, 402, 403A, 403B, 403C, 404, 405, 406A, 406B, 407, 408, 409, 410, 411A, 411B, 412A, 412B, 413, 414, 415, 416A, 416B, 417, 418, 419, 420, 421A, 421B, 422, 423, 424, 425, 426, 427, 428, 429, 430A, 430B, 431, 432, 433A, 433B, 434A, 434B, 435A, 435B, 436, 437A, 437B, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449,
Page 4697
450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 488, 489, 490, 491, 492, 493, 494, 496, 497 Election District: 5 EVANS COUNTY VTD: 0025 DAISY AND NEDER CENTER (Part) Tract: 9703. Block(s): 328A, 328B, 340, 344 VTD: 0030 CLAYTON CITY HALL (Part) Tract: 9702. Block(s): 201, 202, 203, 204, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 241, 251D, 253B, 262A, 262B, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 321B, 322, 323, 324, 325, 326, 327B, 328, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 386, 387, 393, 394, 397 Tract: 9703. Block(s): 307, 308, 309, 310, 311, 316, 317, 318, 319, 320, 323, 324, 325, 326A, 326B, 327A, 327B, 341, 342, 343, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 378, 379, 380, 381, 382, 383, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 495 VTD: 0035 BELLVILLE (Part) Tract: 9702. Block(s): 311B, 313B, 314B, 315, 329, 330, 331, 332, 333, 334, 335, 336, 337, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 388, 389, 390, 391, 392, 395, 396, 403, 404, 407A, 407B, 408, 409A, 409B, 410A, 410B, 411, 412, 413, 414A, 414B, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426A, 442B, 446, 447, 448, 449, 450, 451, 452, 453, 454A, 454B, 454C, 455A, 455B, 456A, 456B, 457, 458, 459, 460, 461A, 461B, 462, 463, 464, 465A, 465B, 465C, 466A, 466B, 467, 468A, 468B, 469, 470, 471, 472,
Page 4698
473, 474, 475, 476, 477, 478A, 478B, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497 For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any election district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Evans County which is not included in any election district described in this section shall be included within that election district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Evans County which is described in this section as being included in a particular election district shall nevertheless not be included within such election district if such part is not contiguous to such election district. Such noncontiguous part shall instead be included within that election district contiguous to such part which contains the least population according to the
Page 4699
United States decennial census of 1990 for the State of Georgia. Section 3. The member of the board of commissioners from Election District 1 shall be elected by a majority of the voters voting in the election who are residents of Election District 1. The respective members from Election Districts 2 through 5 shall be elected by a majority of the voters voting in the election who are residents of Election Districts 2 through 5, respectively. Section 4. Members of the board of commissioners shall serve terms of office of four years and until their respective successors are elected and qualified. Section 5. Notwithstanding those changes in descriptions of election districts which become effective at the same time this section becomes effective, the terms and elections of members of the board of commissioners and their successors shall not be changed but shall remain as follows: (a) Effective January 1, 1993, the members of the board of commissioners representing Election Districts 3 and 5 in accordance with the election districts which become effective in 1993 shall be the former members of the board of commissioners representing Election Districts 3 and 5 who were elected at the general election in 1990 under previously existing provisions of this Act, and said members of the board of commissioners so elected shall serve for the terms of office to which they were elected, which shall expire on December 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and shall take office on January 1, 1995, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (b) The members representing Election Districts 1, 2, and 4 shall be elected at the general election of 1992 and
Page 4700
shall take office on January 1, 1993, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of 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. Section 6. Reserved. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Evans County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3 . Except for the provisions of this Act relating to and necessary for the election of the members of the Board of Commissioners of Evans County in 1992, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of commissioners 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 1992 session of the General Assembly of Georgia a bill to provide for the reapportionment of the board of commissioners of Evans County; for for other purposes.
Page 4701
This 6th day of January, 1992. 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 Enterprise, which is the official organ of Evans County, on the following date: January 9, 1992. /s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 21, 1992. JONES COUNTYBOARD OF COMMISSIONERS; MEMBERSHIP; DISTRICTS; ELECTIONS. No. 623 (House Bill No. 1172). AN ACT To amend an Act creating the board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, so as to reconstitute the membership of the board; to provide for definitions and inclusions; to provide for the election
Page 4702
and qualifications of the chairman and other members of the board; to provide for submission of this Act under the federal Voting Rights Act of 1965; to provide when this Act shall be void and repealed; 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 Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, is amended by striking Section 4 and inserting in its place a new section to read as follows: Section 4. (a) The board of commissioners of Jones County shall be composed of a chairman and four other members. (b) The chairman may reside anywhere within Jones County and shall be elected by the voters of the entire county. Each other member must be a resident of the district the member represents and shall be elected by only the voters of that district. All elections shall be by majority vote. (c) For purposes of electing the members of the board, Jones County is divided into four commissioner districts as follows: Commissioner District: 1 JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 108, 111, 113, 114, 115, 116, 117, 118, 119, 124, 125, 204, 205, 206, 208, 209, 225, 226, 227 Tract: 0302. Block(s): 174, 256A, 257, 258, 259, 260, 261, 262, 293, 294, 295, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0303. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313B, 314B, 316C, 317B, 321, 322,
Page 4703
323, 327, 328, 329, 330, 331, 332, 333, 334, 341, 343, 345, 346, 347, 352, 353, 354, 377, 378, 379 VTD: 0002 FINNEY AND WHITE (Part) Tract: 0301.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338 Tract: 0302. Block(s): 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 164, 165, 166, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 223, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 248, 249, 250, 251, 252, 253, 254, 255, 256B, 263, 264, 265, 266, 267, 268, 284, 285, 286, 287, 288, 289, 291, 292, 296, 297 VTD: 0003 GRAY (Part) Tract: 0303. Block(s): 317A VTD: 0006 SANDERS Commissioner District: 2 JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0302. Block(s): 154, 156, 157, 159, 160, 161, 168, 169, 170, 171, 172, 173, 175, 176, 177, 178, 179, 180, 181, 182, 183, 301 Tract: 0303. Block(s): 316B, 318B, 349, 351, 355, 356, 357, 465B VTD: 0002 FINNEY AND WHITE (Part) Tract: 0302. Block(s): 129, 130, 131, 132, 155, 158, 162, 163, 167, 247 VTD: 0003 GRAY (Part) Tract: 0303. Block(s): 110, 150, 151, 313A, 314A, 315, 316A, 318A, 319, 326, 339, 340, 358B, 401A, 401B, 402,
Page 4704
403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 429, 430, 431, 432, 433, 457A, 457B, 458, 459A, 459B, 460, 461A, 461B, 464, 465A VTD: 0004 POPE Commissioner District: 3 JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0303. Block(s): 320 VTD: 0003 GRAY (Part) Tract: 0301.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 109, 110, 112, 120, 121, 122, 123 Tract: 0303. Block(s): 109, 111, 112, 148, 149, 152, 153, 324, 325, 335, 336, 337, 338, 342, 348, 358A, 358C, 359A, 359B, 360A, 360B, 361, 362A, 362B, 363A, 363B, 365, 366, 367, 368, 369, 373, 374, 375, 376, 423, 424, 425, 426, 427, 428, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454A, 454B, 455A, 455B, 455C, 456, 462, 463, 466, 467, 468 VTD: 0005 ROBERTS (Part) Tract: 0301.02 Block(s): 201, 202, 203, 207, 213, 214, 215, 216, 219, 220, 221, 222, 223, 224, 228, 229 Tract: 0303. Block(s): 515, 523, 524, 527, 531, 532, 533, 534, 535, 536, 539, 540, 541, 542, 543, 547, 548, 554, 555, 556, 557, 558, 559 VTD: 0007 DAVIDSON Commissioner District: 4 JONES COUNTY VTD: 0005 ROBERTS (Part) Tract: 0301.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319,
Page 4705
320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331 VTD: 0008 ROBERTS 4 (d) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Jones County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Jones County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least
Page 4706
population according to the United States decennial census of 1990 for the State of Georgia. (e) The chairman and each other member of the board shall serve for a term of four years beginning the first day of January next following his or her election. Those members serving in office on the effective date of this Act shall serve until the expiration of the term for which they were elected. The first members elected under this section shall be elected at the November, 1994, general election. Successors shall be elected thereafter at the general election immediately preceding the expiration of a term of office. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Jones County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating a new Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended; and for other purposes. This 20th day of December, 1991. Kenneth Birdsong
Page 4707
GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jones County News which is the official organ of Jones County, on the following date: December 26, 1991. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 26, 1992. JONES COUNTYBOARD OF EDUCATION; DISTRICTS; TERMS; ELECTIONS. No. 624 (House Bill No. 1173). AN ACT To amend an Act reconstituting the Board of Education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended, so as to change the composition of education districts from which members are elected; to provide for definitions and inclusions; to provide for the election of members; to provide for terms; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to provide for related matters; to repeal conflicting laws; and for other purposes.
Page 4708
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act reconstituting the Board of Education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended, is amended by striking Section 1 of said Act in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. There shall be a board of education of Jones County which shall consist of a chairman and four other members. The members of the board of education in office on the effective date of this Act shall serve out the terms for which they were elected. Section 2 . Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) At the general election held in 1994 and quadrennially thereafter there shall be elected a chairman and four members of the board as provided in this section. (b) The chairman may reside anywhere within the Jones County school district and shall be elected by the voters of the entire school district. Each other member must be a resident of the district the member represents and shall be elected by only the voters of that district. All elections shall be by majority vote. (c) For purposes of electing the members of the board, the Jones County school district is divided into four education districts as follows: Education District: 1 JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 108, 111, 113, 114, 115, 116, 117, 118, 119, 124, 125, 204, 205, 206, 208, 209, 225, 226, 227
Page 4709
Tract: 0302. Block(s): 174, 256A, 257, 258, 259, 260, 261, 262, 293, 294, 295, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0303. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313B, 314B, 316C, 317B, 321, 322, 323, 327, 328, 329, 330, 331, 332, 333, 334, 341, 343, 345, 346, 347, 352, 354, 377, 378, 379 VTD: 0002 FINNEY AND WHITE (Part) Tract: 0301.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338 Tract: 0302. Block(s): 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 164, 165, 166, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 223, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 248, 249, 250, 251, 252, 253, 254, 255, 256B, 263, 264, 265, 266, 267, 268, 284, 285, 286, 287, 288, 289, 291, 292, 296, 297 VTD: 0003 GRAY (Part) Tract: 0303. Block(s): 317A VTD: 0006 SANDERS Education District: 2 JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0302. Block(s): 154, 156, 157, 159, 160, 161, 168, 169, 170, 171, 172, 173, 175, 176, 177, 178, 179, 180, 181, 182, 183, 301 Tract: 0303. Block(s): 316B, 318B, 349, 351, 355, 356, 357, 465B VTD: 0002 FINNEY AND WHITE (Part)
Page 4710
Tract: 0302. Block(s): 129, 130, 131, 132, 155, 158, 162, 163, 167, 247 VTD: 0003 GRAY (Part) Tract: 0303. Block(s): 110, 150, 151, 313A, 314A, 315, 316A, 318A, 319, 326, 339, 340, 358B, 401A, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 429, 430, 431, 432, 433, 457A, 457B, 458, 459A, 459B, 460, 461A, 461B, 464, 465A VTD: 0004 POPE Education District: 3 JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0303. Block(s): 320 VTD: 0003 GRAY (Part) Tract: 0301.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 109, 110, 112, 120, 121, 122, 123 Tract: 0303. Block(s): 109, 111, 112, 148, 149, 152, 153, 324, 325, 335, 336, 337, 338, 342, 348, 358A, 358C, 359A, 359B, 360A, 360B, 361, 362A, 362B, 363A, 363B, 365, 366, 367, 368, 369, 373, 374, 375, 376, 423, 424, 425, 426, 427, 428, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454A, 454B, 455A, 455B, 455C, 456, 462, 463, 466, 467, 468 VTD: 0005 ROBERTS (Part) Tract: 0301.02 Block(s): 201, 202, 203, 207, 213, 214, 215, 216, 219, 220, 221, 222, 223, 224, 228, 229 Tract: 0303. Block(s): 515, 523, 524, 527, 531, 532, 533, 534, 535, 536, 539, 540, 541, 542, 543, 547, 548, 554, 555, 556, 557, 558, 559 VTD: 0007 DAVIDSON
Page 4711
Education District: 4 JONES COUNTY VTD: 0005 ROBERTS (Part) Tract: 0301.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331 VTD: 0008 ROBERTS 4 (d) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Jones County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
Page 4712
(5) Any part of Jones County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (e) The chairman and each other member of the board shall serve for a term of four years beginning the first day of January next following his or her election. Successors shall be elected thereafter at the general election immediately preceding the expiration of a term of office. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Jones County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an Act reconstituting the Board of Education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended; and for other purposes. This 20th day of December, 1991. Kenneth Birdsong
Page 4713
GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jones County News which is the official organ of Jones County, on the following date: December 26, 1991. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 26, 1992. TWIGGS COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 625 (House Bill No. 1244). AN ACT To amend an Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to change the composition of the commissioner districts from which members of the board are elected; to provide for definitions and insertions; to provide for terms; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to repeal conflicting laws; and for other purposes.
Page 4714
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The chairman of the board of commissioners may reside anywhere within Twiggs County and shall be elected by a majority of the qualified electors of Twiggs County voting at the elections hereinafter provided for in this Act. Any person offering as a candidate for chairman shall have been a resident of Twiggs County for two years immediately preceding the date of election and shall remain a resident of said county during the term of office. The chairman and all other members shall be at least 21 years of age as of the date of taking office. For the purpose of electing the other four members of the board, Twiggs County shall be divided into four commissioner districts as follows: Commissioner District: 1 TWIGGS COUNTY VTD: 0002 HAMMOCK (Part) Tract: 0601.98 Block(s): 101, 108, 109, 110, 111, 112, 113, 125, 126, 127 VTD: 0004 JEFFERSONVILLE VTD: 0008 SMITH (Part) Tract: 0601.98 Block(s): 122, 123, 135, 136, 137, 139, 140, 141 VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 232, 235, 236 Commissioner District: 2 TWIGGS COUNTY VTD: 0001 BLUFF (Part) Tract: 0602. Block(s): 342, 343, 363, 375, 376, 377, 378, 379, 380,
Page 4715
384, 395, 396, 397, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 433, 434, 435, 520, 521, 527, 528, 529, 530 VTD: 0003 HIGGSVILLE AND SHADY GROVE (Part) Tract: 0602. Block(s): 101A, 101B, 102A, 102B, 103, 104, 105, 106, 107, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 123C, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136A, 136B, 136C, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 147, 148, 149, 150A, 150B, 151, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 340, 341, 381, 382, 383, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 431, 432, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 531 Commissioner District: 3 TWIGGS COUNTY VTD: 0001 BLUFF (Part) Tract: 0601.98 Block(s): 221, 222, 223, 224, 225, 237, 238, 239, 240, 241, 242, 243, 265, 266 Tract: 0602. Block(s): 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 357, 358, 359, 360, 361, 362, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 401, 524, 525, 526
Page 4716
VTD: 0003 HIGGSVILLE AND SHADY GROVE (Part) Tract: 0602. Block(s): 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339 VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 201, 202, 213, 214, 215, 216, 217, 218, 219, 220, 226, 227, 228, 229, 230, 231, 233, 234, 273, 343, 374, 375, 388, 389, 390 Tract: 0602. Block(s): 301, 302, 303, 304, 305, 306, 355, 356, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 522, 523 Commissioner District: 4 TWIGGS COUNTY VTD: 0002 HAMMOCK (Part) Tract: 0601.98 Block(s): 102, 103, 104, 105, 106, 107, 114, 115, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 338, 339, 345, 346, 347, 348, 349, 350, 351, 407, 408 VTD: 0006 PEARSON 1 VTD: 0008 SMITH (Part) Tract: 0601.98 Block(s): 116, 117, 118, 119, 120, 121, 138, 340, 341, 342, 344, 352, 353, 354, 355, 356, 357, 358, 359, 363, 370, 371, 372, 373, 401, 402, 403, 404, 405, 406, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 419, 420, 421A, 422, 423, 424, 425, 426, 427, 428, 429, 430 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the
Page 4717
United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Twiggs County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Twiggs County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. 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. Those members serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected. At the general
Page 4718
election in November, 1994, the four members of the board shall be elected from the commissioner districts provided for in Section 2 of this Act for terms of four years beginning January 1, 1995, and until their successors are elected and qualified. The chairman shall be elected as provided in Section 2 of this Act at the general election in November, 1994, for a term of four years and until a successor is elected and qualified. Thereafter, successors to the chairman and the four members of the board elected from commissioner districts 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. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Twiggs County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 session of the General Assembly of Georgia a bill to provide for a Board of Commissioners of Twiggs County, approved July 27, 1923, (Ga. L. 1923, p. 324) as amended; and for other purposes. This 16th day of December, 1991. Kenneth Birdsong
Page 4719
GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era, which is the official organ of Twiggs County, on the following date: December 19, 1991. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 14th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 26, 1992. TWIGGS COUNTYBOARD OF EDUCATION; DISTRICTS. No. 626 (House Bill No. 1245). AN ACT To amend an Act creating a Board of Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, so as to change the composition of the education districts from which the members of the board are elected; to provide for definitions and inclusions; to provide for terms; to provide for a statement of intent; to provide for submission of this Act to the U. S. Attorney General; to provide when such Act shall be void and repealed; to repal conflicting laws; and for other purposes.
Page 4720
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a Board of Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, is amended by striking Sections 1 through 3 of said Act and inserting in lieu thereof new Sections 1 through 3 to read as follows: Section 1. The Board of Education of Twiggs County shall be composed of a chairman and four members. The chairman shall be elected from the Twiggs County School District at large. The four members of the board shall be elected from the education districts provided in Section 2 of this Act. Section 2. (a) Those members of the Board of Education serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until their successors are elected and qualified. (b) For the purpose of electing a Board of Education of Twiggs County, the Twiggs County School District shall be divided into four education districts as follows: Education District: 1 TWIGGS COUNTY VTD: 0002 HAMMOCK (Part) Tract: 0601.98 Block(s): 101, 108, 109, 110, 111, 112, 113, 125, 126, 127 VTD: 0004 JEFFERSONVILLE VTD: 0008 SMITH (Part) Tract: 0601.98 Block(s): 122, 123, 135, 136, 137, 139, 140, 141 VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 232, 235, 236
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Education District: 2 TWIGGS COUNTY VTD: 0001 BLUFF (Part) Tract: 0602. Block(s): 342, 343, 363, 375, 376, 377, 378, 379, 380, 384, 395, 396, 397, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 433, 434, 435, 520, 521, 527, 528, 529, 530 VTD: 0003 HIGGSVILLE AND SHADY GROVE (Part) Tract: 0602. Block(s): 101A, 101B, 102A, 102B, 103, 104, 105, 106, 107, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 123C, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136A, 136B, 136C, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 147, 148, 149, 150A, 150B, 151, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 340, 341, 381, 382, 383, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 431, 432, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 531 Education District: 3 TWIGGS COUNTY VTD: 0001 BLUFF (Part) Tract: 0601.98 Block(s): 221, 222, 223, 224, 225, 237, 238, 239, 240, 241, 242, 243, 265, 266 Tract: 0602.
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Block(s): 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 357, 358, 359, 360, 361, 362, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 401, 524, 525, 526 VTD: 0003 HIGGSVILLE AND SHADY GROVE (Part) Tract: 0602. Block(s): 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339 VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 201, 202, 213, 214, 215, 216, 217, 218, 219, 220, 226, 227, 228, 229, 230, 231, 233, 234, 273, 343, 374, 375, 388, 389, 390 Tract: 0602. Block(s): 301, 302, 303, 304, 305, 306, 355, 356, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 522, 523 Education District 4 : TWIGGS COUNTY VTD: 0002 HAMMOCK (Part) Tract: 0601.98 Block(s): 102, 103, 104, 105, 106, 107, 114, 115, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 338, 339, 345, 346, 347, 348, 349, 350, 351, 407, 408 VTD: 0006 PEARSON 1 VTD: 0008 SMITH (Part) Tract: 0601.98 Block(s): 116, 117, 118, 119, 120, 121, 138, 340, 341, 342, 344, 352, 353, 354, 355, 356, 357, 358, 359, 363, 370, 371, 372, 373, 401, 402, 403, 404, 405, 406, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 419, 420, 421A, 422, 423, 424, 425, 426, 427, 428, 429, 430
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(c) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Twiggs County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Twiggs County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (d) Each district member of the board of education shall be a resident of the respective education district during
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the member's term of office, and a candidate for district 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 district member of said board shall specify the education district for which the person is offering. Each district member of the board shall be elected by a majority vote of the qualified voters voting within each respective education district. The chairman may reside anywhere within the Twiggs County Education District and shall be elected by a majority of the qualified voters voting at large within the Twiggs County Education District. The chairman shall be a full-voting member of the board. All members of said board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the `Georgia Election Code.' Section 3. (a) The terms of office of those members elected from Education Districts 2 and 4 shall expire December 31, 1992. Their successors shall be elected at the general election in November, 1992, from the education districts set forth in this Act and quadrennially thereafter for terms of four years and shall take office on the first day of January immediately following their election. (b) The terms of office of the chairman and those members elected from Education Districts 1 and 3 shall expire December 31, 1994. Their successors shall be elected at the general election in November, 1994, and quadrennially thereafter from the education district set forth in this Act for terms of four years and shall take office on the first day of January immediately following their election. (c) All members shall serve until their successors are elected and qualified. Section 2 . It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Twiggs County are to be elected in the November, 1992, general election and in subsequent general elections and results from changes in population based on the United States decennial census
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of 1990. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Twiggs County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 session of the General Assembly of Georgia a bill to amend an Act providing for the election of the members of the Board of Education of Twiggs County, approved March 26, 1982, (Ga. L. 1982, p. 3627), as amended; and for other purposes. This 16th day of December, 1991. Kenneth Birdsong GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following date: December 19, 1991.
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/s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 26, 1992. MADISON COUNTYHOMESTEAD EXEMPTION; COUNTY AND SCHOOL DISTRICT TAXES; REFERENDUM. No. 627 (House Bill No. 1498). AN ACT To provide for homestead exemptions from Madison County ad valorem taxes for county purposes and from Madison 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 a referendum; 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 Madison County, including but not limited to taxes
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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 Madison 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. Section 2 . Each resident of Madison County who is 65 years of age or older is granted an exemption on that person's homestead from all Madison County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of that homestead. Section 3 . Each resident of the Madison County School District who is 65 years of age or older is granted an exemption on that person's homestead from all Madison County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead. Section 4 . The tax commissioner of Madison County or the designee thereof shall provide application forms for the exemptions granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemptions. Section 5 . The exemptions shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemptions shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. Section 6 . The exemptions granted by this Act shall not apply to or affect any state taxes. Section 7 . The exemptions granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Madison County ad valorem taxes for county purposes
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or Madison County School District ad valorem taxes for educational purposes. Section 8 . The exemptions 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 Madison County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Madison County and the Madison County School District for approval or rejection. The election superintendent shall conduct that election on the date of 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 Madison 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) Madison County ad valorem taxes for county purposes in the amount of $10,000.00 for qualified residents who are 65 or older and (2) Madison County School District ad valorem taxes for educational purposes in the amount of $10,000.00 for qualified residents who are 65 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 Sections 1 through 8 of this Act, then Sections 1 through 8 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, 1993; otherwise this
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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, 1992, this Act shall stand repealed in its entirety on December 31, 1992. The expense of such election shall be borne by Madison 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 1992 session of the General Assembly of Georgia a bill to provide for homestead exemptions from Madison County ad valorem taxes for county purposes and from Madison County School District ad valorem taxes for educational purposes for certain residents of that county and school district; to provide for definitions, terms and conditions, and procedures; to provide for a referendum; and for other purposes. This 27th day of January, 1992. Louie M. Clark Representative 13th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie M. Clark, who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Danielsville
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Monitor, which is the official organ of Madison County, on the following date: January 31, 1992. /s/ Louie M. Clark Representative, 13th District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 26, 1992. CITY OF DASHERNEW CHARTER. No. 628 (House Bill No. 1316). AN ACT To provide a new charter for the City of Dasher; 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
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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 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 Dasher, 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 of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Dasher, Georgia. Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. Section 1.12 . 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
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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 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
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and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any 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 protection 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 menforce 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
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of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such 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;
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(18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to install and operate any of its utilities inside and outside its corporate limits in Lowndes 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; (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,
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operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission, and to own and operate its own franchises for the delivery of such services including cable television and related services;
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(30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right-of-way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for other 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
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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
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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. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter.
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Section 2.11 . City council terms and qualifications for office. The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the city 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 or her period of service and be registered and qualified to vote in municipal elections of this city. 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. (c) Upon the suspension from office of the mayor or a councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled 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, sign, or veto any ordinance, resolution, contract, or other matter in which he or she is personally interested.
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Section 2.15 . Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and, for this purpose, may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. 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, 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 city council shall hold an organizational meeting biennially 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 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.
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(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 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. (a) 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 present at an official meeting 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 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 Dasher 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 in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the 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. 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 two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance
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and shall contain after the enacting clause a declaration stating that an emergency exists and a description of the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.25 . Codes. (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 2.26 . Codification of ordinances. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council.
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(b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Dasher, 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 time thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for 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 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 the city immediately preceding his election. He shall continue to reside in this city during the period of his service. He shall forfeit his office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. Section 2.28 . 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
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disability or absence shall be declared by a majority vote of the city council. Section 2.29 . Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesman for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council and be counted toward a quorum as any other councilmember; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and (7) 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.
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(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (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 shall not be effective for 30 calendar days following the mayor giving written notice of such action and the reasons therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers. 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 office and in such manner as shall be provided by ordinance, except where other appointing authority, termf 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 or she has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three of the members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 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.
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Section 3.13 . City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The office of city clerk may be a part-time or full-time position. Section 3.14 . City 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 by the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. Section 3.15 . City accountant. The city council shall appoint a certified public accountant to perform the duties of an independent auditor. Section 3.16 . Position classification and pay plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. Section 3.17 . Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan;
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(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be 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 . Municipal court. There shall be a court to be known as the Municipal Court of the City of Dasher. 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 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.
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Section 4.12 . Covening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 4.13 . Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment 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. 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 violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited 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
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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 mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Lowndes 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.
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The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10 . Applicability of general law. All elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.11 . Election of the city council and mayor. (a) There shall be a municipal general election on the first Tuesday after the first Monday in November, 1993, and on such day biennially thereafter. (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 of this charter. 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 six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successors for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with
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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: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of 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
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sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Lowndes County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Lowndes County following a hearing on a complaint seeking such removal brought by any resident of the City of Dasher. 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.
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Section 6.13 . Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14 . Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15 . Service fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16 . 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
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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. The City of Dasher shall have the power to file its tax fi. fas. in the Superior Court, State Court, or Magistrate Court of Lowndes 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.
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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. 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 by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the first day of June of each year. If the city council fails to adopt the budget by this 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
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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 allotment 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 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. (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 fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in
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the capital improvements budget or the 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 the first 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 mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her 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. 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 by 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 . 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, unless repealed or amended, for two years from the effective date of this charter. During such two-year period, the city council shall review all such provisions and shall readopt, repeal, or amend each so that a codification as provided by subsection (b) of Section 2.26 of this charter is accomplished.
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Section 7.12 . First election under this charter. The first municipal election shall be held April 7, 1992, at which the mayor's and all councilmembers' positions shall be filled. The city council seats presently held by Ronald A. Copeland and Conrad M. Williams shall be designated Posts 1 and 2, respectively, and seats presently held by Jack Williams and Doris Holmes shall be designated Posts 3 and 4, respectively. All persons giving notice of candidacy for a city council seat shall designate the post being sought. Posts 1 and 2 shall be filled at the first election for an initial term to end December 31, 1993, and until their respective successors are elected and qualified such that a continuing body is created. Posts 3 and 4 shall be filled at the first election for an initial term to end December 31, 1995, and until their respective successors are elected and qualified such that a continuing body is created. Each councilmember elected thereafter shall serve a full term as provided for in Section 2.11 of this charter. The mayor elected at the initial election shall serve an initial term ending on December 31, 1993, and until their successor is elected and qualified. Thereafter the mayor shall serve a full term as provided for in Section 2.27 of this charter. Section 7.13 . Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect 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.
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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 7.16 . 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 Dasher in the County of Lowndes, approved March 14, 1967 (Ga. L. 1967, p. 2118), is repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. Section 7.18 . Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the January 1992 Session of the General Assembly of Georgia, a bill to amend and provide for a new charter for the city of Dasher, in Lowndes County, Georgia; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves, who, on oath, deposes and says that he is Representative from the 147th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the valdosta
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Daily Times, which is the official organ of Lowndes County, on the following date: January 17, 1992. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 30th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 26, 1992. HALL COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 629 (House Bill No. 1351). AN ACT To amend an Act creating a Board of Commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 7, 1966 (Ga. L. 1966, p. 3305), an Act approved March 16, 1978 (Ga. L. 1978, p. 3802), and an Act approved March 22, 1989 (Ga. L. 1989, p. 4030), so as to change the composition of the commissioner districts from which the commissioners are elected; to provide for definitions and inclusions; to provide for other related matters; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1 . An Act creating a Board of Commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 7, 1966 (Ga. L. 1966, p. 3305), an Act approved March 16, 1978 (Ga. L. 1978, p. 3802), and an Act approved March 22, 1989 (Ga. L. 1989, p. 4030), is amended by striking Section 2, 2A, and 3 in their entirety and inserting in lieu thereof new Sections 2, 2A, and 3 to read as follows: Section 2. (a) The Board of Commissioners of Hall County shall be composed of five members, one from each of the four commissioner districts provided for in Section 3 of this Act and one elected from the county at large who shall be the chairman. (b) Persons qualifying as candidates for membership on the board shall designate whether qualifying for a district membership or for chairman. In order to represent a district, a person must be a resident of said district. Each district commissioner shall be elected by a majority of the electors voting in such commissioner district and the chairman shall be elected by a majority of the electors voting in the county. Section 2A. (a) The chairman and those commissioners in office on the effective date of this Act who represent District 2 and District 4 shall continue to serve until the expiration of their present terms on December 31, 1992. Their successors shall be elected at the general election in November, 1992, from the commissioner districts provided in Section 3 of this Act, for terms of office of four years, beginning January 1, 1993, and until their successors are elected and qualified. (b) Those commissioners in office on the effective date of this Act who represent District 1 and District 3 shall continue to serve until the expiration of their present terms on December 31, 1994. Their successors shall be elected at the general election in November, 1994, from the commissioner districts provided in Section 3 of this Act, for terms of office of four years, beginning January 1, 1995, and until their successors are elected and qualified.
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Section 3. (a) Hall County is divided into four commissioner districts as follows: Commissioner District: 1 HALL COUNTY VTD: 0004 FLOWERY BRANCH VTD: 0005 ROBERTS VTD: 0006 MORGAN VTD: 0007 CANDLER VTD: 0008 TADMORE VTD: 0022 GAINSVILLE MILL Commissioner District: 2 HALL COUNTY VTD: 0001 WILSON VTD: 0002 CHICOPEE VTD: 0003 OAKWOOD VTD: 0013 BARK CAMP (Part) Tract: 0003. Block(s): 121, 122, 124, 125, 126, 127, 128, 129, 130, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 249, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 535, 539 Tract: 0004. Block(s): 301, 302, 309, 310, 312 VTD: 0014 FORK VTD: 0025 OAKWOOD II Commissioner District: 3 HALL COUNTY VTD: 0009 GLADE
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VTD: 0010 LULA VTD: 0011 CLERMONT VTD: 0012 QUILLIANS (Part) Tract: 0002. Block(s): 313, 314, 315, 332, 333, 334, 335, 336, 337, 338, 339, 340, 343, 344, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 465, 527, 528, 529, 530, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 601, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841, 842, 843 Tract: 0003. Block(s): 401 VTD: 0013 BARK CAMP (Part) Tract: 0002. Block(s): 341, 342, 345, 346, 431, 432, 433, 434, 435 Tract: 0003. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 123, 131, 148, 149, 150, 151, 152, 153, 402, 403, 404, 405, 406, 407, 408, 409, 410 VTD: 0015 WHELCHEL VTD: 0016 WEST WELCHEL VTD: 0023 NEW HOLLAND VTD: 0024 GILLSVILLE Commissioner District: 4 HALL COUNTY VTD: 0017 GAINESVILLE I VTD: 0018 GAINESVILLE II VTD: 0019 GAINESVILLE III VTD: 0020 GAINESVILLE VI VTD: 0021 RIVERBEND
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(b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) 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 map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of Hall County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of Hall County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district
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contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Hall County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 16, 1978 (Ga. L. 1978, p. 3802); and for other purposes. This 15th day of January, 1992. HONORABLE WYC ORR, Representative, 9th District, Post 1 HONORABLE JERRY D. JACKSON, Representative, 9th District, Post 3 HONORABLE BOBBY LAWSON, Representative, 9th District, Post 2 HONORABLE J. NATHAN DEAL, Senator, 49th District
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times, which is the official organ of Hall County, on the following date: January 22, 1992. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 23rd day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 26, 1992. FRANKLIN COUNTYHOMESTEAD EXEMPTION; COUNTY AND SCHOOL DISTRICT TAXES; REFERENDUM. No. 630 (House Bill No. 1581). AN ACT To provide for homestead exemptions from Franklin County ad valorem taxes for county purposes and from Franklin 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 a referendum; to provide for applicability; to repeal conflicting laws; and for other purposes.
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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 Franklin 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 Franklin 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. Section 2 . Each resident of Franklin County who is 65 years of age or older is granted an exemption on that person's homestead from all Franklin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of that homestead. Section 3 . Each resident of the Franklin County School District who is 65 years of age or older is granted an exemption on that person's homestead from all Franklin County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead. Section 4 . The tax commissioner of Franklin County or the designee thereof shall provide application forms for the exemptions granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemptions. Section 5 . The exemptions shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A.
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The exemptions shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. Section 6 . The exemptions granted by this Act shall not apply to or affect any state taxes. Section 7 . The exemptions granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Franklin County ad valorem taxes for county purposes or Franklin County School District ad valorem taxes for educational purposes. Section 8 . The exemptions 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 Franklin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Franklin County and the Franklin County School District for approval or rejection. The election superintendent shall conduct that election on the date of 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 Franklin County. The ballot shall have written or printed thereon the words:
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() YES () NO Shall the Act be approved which provides for the following homestead exemptions: (1) Franklin County ad valorem taxes for county purposes in the amount of $10,000.00 for qualified residents who are 65 or older and (2) Franklin County School District ad valorem taxes for educational purposes in the amount of $10,000.00 for qualified residents who are 65 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 Sections 1 through 8 of this Act, then Sections 1 through 8 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, 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. In the event the election provided for in this section is not conducted on or before the Tuesday after the first Monday in November, 1992, this Act shall stand repealed in its entirety on December 31, 1992. 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 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.
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LEGAL NOTICE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide for homestead exemptions from Franklin County ad valorem taxes for county purposes and from Franklin County School District ad valorem taxes for educational purposes for certain residents of that county and school district; to provide for definitions, terms and conditions, and procedures; to provide for a referendum; and for other purposes. This 28th day of January, 1992. Louie M. Clark State Representative District 13 Post 1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie M. Clark, who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen, which is the official organ of Franklin County, on the following date: January 30, 1992. /s/ Louie M. Clark Representative, 13th District
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Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 26, 1992. BALDWIN COUNTYBOARD OF EDUCATION; DISTRICTS; ELECTIONS; TERMS. No. 631 (Senate Bill No. 624). AN ACT To amend an Act providing for the election of members of the board of education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, so as to change the composition of education districts from which members of the board of education are elected; to provide for the election of members; to provide for terms of office; to provide procedures; to provide for the submission of this Act to the United States Attorney General; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the election of members of the board of education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
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Section 1. (a) The board of education of Baldwin County shall be composed of five members. For the purpose of electing members of the board, Baldwin County shall be divided into five education districts as follows: Education Distirct: 1 BALDWIN COUNTY VTD: 0001 MONTPELIER-EAST BALDWIN (Part) Tract: 9701. Block(s): 139, 209, 210, 212, 213, 214, 215, 218, 226 Tract: 9702. Block(s): 524 VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 336B Tract: 9703. Block(s): 220C, 220D, 220E, 222C, 225B, 226B VTD: 0004 EAST MILLEDGEVILLE 320E (Part) Tract: 9702. Block(s): 330A, 333, 334, 335, 336A, 337, 338, 339, 340, 341, 401, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523 VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 302A, 303A, 304A, 307A, 308, 309, 310A, 311A, 318, 319, 320, 321, 401A, 402 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9702. Block(s): 323B, 325A Tract: 9703. Block(s): 220A, 220B, 221, 222A, 222B, 225A, 226A Tract: 9704. Block(s): 110, 113, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 215, 216, 217, 221, 222 VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9704. Block(s): 313, 314, 315, 316, 317, 318, 319 VTD: 0010 GMC 320G (Part) Tract: 9707.
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Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 129, 130, 132, 133, 134, 135, 136, 137, 140B, 301, 302B, 303B, 304B, 305, 306, 307B, 310B, 311B, 401B, 426, 427, 428 VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9704. Block(s): 421, 422 VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 218, 219, 220, 301, 302, 303, 304, 305, 306, 320, 321, 322, 323, 326, 327, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 423, 424, 425, 426, 427, 430, 431 Education District: 2 BALDWIN COUNTY VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 140A, 312A, 313, 314A, 315, 316, 317, 404A, 405, 406, 407, 408, 415A, 416, 417, 418A, 420A, 422, 423, 424, 425, 548A VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9705. Block(s): 110, 111, 112, 216, 217, 218, 222, 223, 224, 225, 226, 227, 228, 229 VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 102A, 103, 104, 105, 106A, 107A, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 201A, 201C, 215A, 215B, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421 Tract: 9708. Block(s): 206, 207, 208, 211, 212, 213, 214, 215, 217, 218 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 129, 130, 132, 133, 134, 135, 136, 137, 140B, 301, 302B, 303B, 304B, 305, 306, 307B, 310B, 311B, 401B, 426, 427, 428 VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9704. Block(s): 421, 422 VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 218, 219, 220, 301, 302, 303, 304, 305, 306, 320, 321, 322, 323, 326, 327, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 423, 424, 425, 426, 427, 430, 431 Education District: 2 BALDWIN COUNTY VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 140A, 312A, 313, 314A, 315, 316, 317, 404A, 405, 406, 407, 408, 415A, 416, 417, 418A, 420A, 422, 423, 424, 425, 548A VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9705. Block(s): 110, 111, 112, 216, 217, 218, 222, 223, 224, 225, 226, 227, 228, 229 VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 102A, 103, 104, 105, 106A, 107A, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 201A, 201C, 215A, 215B, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421 Tract: 9708. Block(s): 206, 207, 208, 211, 212, 213, 214, 215, 217, 218
Page 4778
VTD: 0010 GMC 320G (Part) Tract: 9705. Block(s): 137, 138, 139, 140, 141 Tract: 9706. Block(s): 101, 102B, 106B, 107B, 201B Tract: 9707. Block(s): 312B, 314B, 404C, 545, 546, 547, 548B, 548C VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9705. Block(s): 107, 108, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 142, 143 Education District: 3 BALDWIN COUNTY VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C, 230C, 230D, 230E, 231B, 231C, 232B, 233B, 233C Tract: 9704. Block(s): 212D, 212E, 213B, 213C, 214B, 307, 308C, 308D, 309B, 310B, 311C, 311D, 311E, 311F Tract: 9705. Block(s): 201B, 202B, 212B, 326D, 344A, 344B, 346C, 346D, 347, 348, 350B, 356B, 359B, 361, 362B, 363 Tract: 9708. Block(s): 201, 205, 210, 405 VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9703. Block(s): 201A, 201D, 223, 224, 230A, 231A, 232A, 233A Tract: 9704. Block(s): 212A, 212B, 212C, 213A, 214A, 308A VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9703. Block(s): 230B Tract: 9704.
Page 4779
Block(s): 308B, 309A, 310A, 311A, 311B, 312, 324, 325, 428, 429, 507, 508, 509, Tract: 9705. Block(s): 109, 201A, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 213, 214, 215, 219, 220, 221, 325A, 326A, 326B, 343A, 345, 346A, 346B, 349, 350A, 351, 352, 353, 354, 355, 356A, 357, 358, 359A, 360, 362A, VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 217, 218 Tract: 9708. Block(s): 209, 216, 231 VTD: 0010 GMC 320G (Part) Tract: 9708. Block(s): 118A VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9704. Block(s): 501, 502, 503, 510, 511, 512, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529 Tract: 9705. Block(s): 101, 102, 103, 104, 105, 106, 128, 130, 131, 132, 133, 134, 135, 136 VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 504, 505, 506, 513 VTD: 0013 SCOTTSBORO 1714 Education District: 4 BALDWIN COUNTY VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 211, 216, 217, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332,
Page 4780
333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383 Tract: 9707. Block(s): 126 VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 201A, 201B, 217A, 218A, 219, 220, 221, 222A, 223, 224, 501A, 501B, 502, 503A, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 517, 518 VTD: 0010 GMC 320G (Part) Tract: 9707. Block(s): 124, 125, 127, 128, 131, 138, 139, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217B, 218B, 222B, 403, 404B, 409, 410, 411, 412, 413, 414, 415B, 418B, 419, 420B, 421, 501C, 503B, 515B, 516, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 549, 550 Tract: 9708. Block(s): 101, 102, 103, 104, 105A, 119, 120, 121, 122, 123A, 124, 125, 126, 127A, 128, 129 Education District: 5 BALDWIN COUNTY VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 107D, 107E, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125B, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185B
Page 4781
Tract: 9702. Block(s): 342B VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 319D, 320B, 321B, 321C, 323C, 325B, 326, 327B, 328B, 329B, 330D, 331, 332B, 402 Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 227, 228, 229B Tract: 9704. Block(s): 101B VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9705. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325B, 326C, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343B, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385 Tract: 9708. Block(s): 202, 203, 204, 401, 402, 403, 404, 410, 411, 412, 413, 414 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9701. Block(s): 107B, 125A, 126, 127A, 185A Tract: 9702.
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Block(s): 107A, 202A, 206A, 301A, 302, 303, 304, 305, 317, 318, 319A, 319B, 319C, 320A, 321A, 322, 323A, 324, 327A, 328A, 329A, 330B, 330C, 332A, 342A Tract: 9703. Block(s): 210A, 210B, 211A, 214A, 214B, 215A, 216A, 217, 218A, 229A Tract: 9704. Block(s): 101A, 102, 103, 104, 105, 111, 112 VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 106, 107, 108, 109, 114, 115, 116 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
Page 4783
(5) Any part of the county which is not included in any education district described in this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of the county which is described in this subsection as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) There shall be elected one member of the board to represent each of the five education districts. Each person qualifying for nomination or election to the board shall be a resident and qualified voter of the education district to which he seeks such nomination or election. The member elected from each such education district shall be elected by the qualified voters of Baldwin County residing solely within such education district. To be elected as a member of the board from an education district, a candidate must receive the highest number of votes cast and, at the same time, the candidate must receive a majority of the total votes cast in such education district. If a member of the board moves his residence from the education district which he represents, such office on the board shall thereby become vacant. (b) All members of the board of education of Baldwin County who are in office on January 1, 1992, shall serve for the remainder of their unexpired terms to which they were elected. At the November general election in 1992, members shall be elected to represent Education Districts 2, 3, and 4.
Page 4784
The persons elected to such education districts at such election shall take office on January 1, 1993, for terms of office of four years and until their successors are elected and qualified. At the November general election in 1994, members shall be elected to represent Education Districts 1 and 5. The persons elected at such election shall take office on January 1, 1995, for terms of office of four years and until their successors are elected and qualified. Thereafter, successors shall be elected in the general election in the year in which the terms of office expire 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. All members shall be nominated and elected pursuant to the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the `Georgia Election Code.' Section 3 . It shall be the duty of the attorney of the board of education of Baldwin County to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965, as amended; and it shall be the duty of the board of education of Baldwin County to direct and ensure that such submission is made by the board's attorney or some other attorney if the board's attorney fails to act. It shall be the duty of the baord of education and the board's attorney to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or it becomes law without his approval and to ensure that such submission contains all materials necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General. (b) If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not premissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4 . All laws and parts of laws in conflict with this Act are repealed.
Page 4785
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act providing for the election of members of the Board of Education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended; and for other purposes. This 7th day of January, 1992. 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 Union-Recorder, which is the official organ of Baldwin County, on the following date: January 10, 1992. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 6th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved February 26, 1992.
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BALDWIN COUNTYBOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS; TERMS. No. 632 (Senate Bill No. 625). AN ACT To amend an Act creating a board of commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, so as to change the composition of commissioner districts from which members of the board are elected; to provide for the election of members; to provide for terms of office; to provide procedures; to provide for the submission of this Act to the United States Attorney General; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a board of commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) (1) There is created a five-member board of commissioners of Baldwin County who shall administer the affairs of the county. For the purpose of electing members of the board, Baldwin County shall be divided into five commissioner districts as follows: Commissioner District: 1 BALDWIN COUNTY VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 139, 209, 210, 212, 213, 214, 215, 218, 226 Tract: 9702. Block(s): 524
Page 4787
VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 336B Tract: 9703. Block(s): 220C, 220D, 220E, 222C, 225B, 226B VTD: 0004 EAST MILLEDGEVILLE 320E (Part) Tract: 9702. Block(s): 330A, 333, 334, 335, 336A, 337, 338, 339, 340, 341, 401, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523 VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 302A, 303A, 304A, 307A, 308, 309, 310A, 311A, 318, 319, 320, 321, 401A, 402 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9702. Block(s): 323B, 325A Tract: 9703. Block(s): 220A, 220B, 221, 222A, 222B, 225A, 226A Tract: 9704. Block(s): 110, 113, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 215, 216, 217, 221, 222 VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9704. Block(s): 313, 314, 315, 316, 317, 318, 319 VTD: 0010 GMC 320G (Part) Tract: 9707. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 129, 130, 132, 133, 134, 135, 136, 137, 140B, 301, 302B, 303B, 304B, 305, 306, 307B, 310B, 311B, 401B, 426, 427, 428 VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9704. Block(s): 421, 422 VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 218, 219, 220, 301, 302, 303, 304, 305, 306, 320, 321, 322, 323, 326, 327, 401, 402, 403, 404,
Page 4788
405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 423, 424, 425, 426, 427, 430, 431 Commissioner District: 2 BALDWIN COUNTY VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 140A, 312A, 313, 314A, 315, 316, 317, 404A, 405, 406, 407, 408, 415A, 416, 417, 418A, 420A, 422, 423, 424, 425, 548A VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9705. Block(s): 110, 111, 112, 216, 217, 218, 222, 223, 224, 225, 226, 227, 228, 229 VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 102A, 103, 104, 105, 106A, 107A, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 201A, 201C, 215A, 215B, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421 Tract: 9708. Block(s): 206, 207, 208, 211, 212, 213, 214, 215, 217, 218 VTD: 0010 GMC 320G (Part) Tract: 9705. Block(s): 137, 138, 139, 140, 141 Tract: 9706. Block(s): 101, 102B, 106B, 107B, 201B Tract: 9707. Block(s): 312B, 314B, 404C, 545, 546, 547, 548B, 548C VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part)
Page 4789
Tract: 9705. Block(s): 107, 108, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 142, 143 Commissioner District: 3 BALDWIN COUNTY VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C, 230C, 230D, 230E, 231B, 231C, 232B, 233B, 233C Tract: 9704. Block(s): 212D, 212E, 213B, 213C, 214B, 307, 308C, 308D, 309B, 310B, 311C, 311D, 311E, 311F Tract: 9705. Block(s): 201B, 202B, 212B, 326D, 344A, 344B, 346C, 346D, 347, 348, 350B, 356B, 359B, 361, 362B, 363 Tract: 9708. Block(s): 201, 205, 210, 405 VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9703. Block(s): 201A, 201D, 223, 224, 230A, 231A, 232A, 233A Tract: 9704. Block(s): 212A, 212B, 212C, 213A, 214A, 308A VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9703. Block(s): 230B Tract: 9704. Block(s): 308B, 309A, 310A, 311A, 311B, 312, 324, 325, 428, 429, 507, 508, 509, Tract: 9705. Block(s): 109, 201A, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 213, 214, 215, 219, 220, 221, 325A, 326A, 326B, 343A, 345, 346A, 346B, 349, 350A, 351, 352, 353, 354, 355, 356A, 357, 358, 359A, 360, 362A, VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706.
Page 4790
Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 217, 218 Tract: 9708. Block(s): 209, 216, 231 VTD: 0010 GMC 320G (Part) Tract: 9708. Block(s): 118A VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9704. Block(s): 501, 502, 503, 510, 511, 512, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529 Tract: 9705. Block(s): 101, 102, 103, 104, 105, 106, 128, 130, 131, 132, 133, 134, 135, 136 VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 504, 505, 506, 513 VTD: 0013 SCOTTSBORO 1714 Commissioner District: 4 BALDWIN COUNTY VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 211, 216, 217, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383 Tract: 9707. Block(s): 126 VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707.
Page 4791
Block(s): 201A, 201B, 217A, 218A, 219, 220, 221, 222A, 223, 224, 501A, 501B, 502, 503A, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 517, 518 VTD: 0010 GMC 320G (Part) Tract: 9707. Block(s): 124, 125, 127, 128, 131, 138, 139, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217B, 218B, 222B, 403, 404B, 409, 410, 411, 412, 413, 414, 415B, 418B, 419, 420B, 421, 501C, 503B, 515B, 516, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 549, 550 Tract: 9708. Block(s): 101, 102, 103, 104, 105A, 119, 120, 121, 122, 123A, 124, 125, 126, 127A, 128, 129 Commissioner District: 5 BALDWIN COUNTY VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 107D, 107E, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125B, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185B Tract: 9702. Block(s): 342B VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226, 227, 301B, 306, 307, 308,
Page 4792
309, 310, 311, 312A, 312B, 313, 314, 315, 316, 319D, 320B, 321B, 321C, 323C, 325B, 326, 327B, 328B, 329B, 330D, 331, 332B, 402 Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 227, 228, 229B Tract: 9704. Block(s): 101B VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9705. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325B, 326C, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343B, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385 Tract: 9708. Block(s): 202, 203, 204, 401, 402, 403, 404, 410, 411, 412, 413, 414 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9701. Block(s): 107B, 125A, 126, 127A, 185A Tract: 9702. Block(s): 107A, 202A, 206A, 301A, 302, 303, 304, 305, 317, 318, 319A, 319B, 319C, 320A, 321A, 322, 323A, 324, 327A, 328A, 329A, 330B, 330C, 332A, 342A Tract: 9703. Block(s): 210A, 210B, 211A, 214A, 214B, 215A, 216A, 217, 218A, 229A Tract: 9704. Block(s): 101A, 102, 103, 104, 105, 111, 112 VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part)
Page 4793
Tract: 9704. Block(s): 106, 107, 108, 109, 114, 115, 116 (2) For purposes of this subsection: (A) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (B) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (C) 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 map for the United States decennial census of 1990 for the State of Georgia; (D) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (E) Any part of the county which is not included in any commissioner district described in this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (F) Any part of the county which is described in this subsection as being included in a particular
Page 4794
commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (b) There shall be elected one member of the board to represent each of the five commissioner districts. Each person qualifying for nomination or election to the board shall be a resident and qualified voter of the commissioner district to which he seeks such nomination or election. The member elected from each such commissioner district shall be elected by the qualified voters of Baldwin County residing solely within such commissioner district. To be elected as a member of the board from a commissioner district, a candidate must receive the highest number of votes cast and, at the same time, the candidate must receive a majority of the total votes cast in such commissioner district. If a member of the board moves his residence from the commissioner district which he represents, such office on the board shall thereby become vacant. (c) All members of the board of commissioners of Baldwin County who are in office on January 1, 1992, shall serve for the remainder of their unexpired terms to which they were elected. At the November general election in 1992, members shall be elected to represent each of the five commissioner districts. The persons elected to such commissioner districts at such election shall take office on January 1, 1993. The members elected at the November general election in 1992 shall have terms of office of four years each and until their respective successors are elected and qualified. Thereafter, successors shall be elected in the general election in the year in which the terms of office expire 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. All members shall be nominated and elected pursuant to the provisions of Chapter 2 of Title 21 of
Page 4795
the Official Code of Georgia Annotated, known as the `Georgia Election Code.' (d) Beginning January 1, 1993, and continuing thereafter, the board of commissioners shall, at its first meeting in January, elect a chairman from among its membership to serve for a term of one year. Section 2 . (a) It shall be the duty of the county attorney of Baldwin County to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965, as amended; and it shall be the duty of the board of commissioners of Baldwin County to direct and ensure that such submission is made by the county attorney or some other attorney if the county attorney fails to act. It shall be the duty of the board of commissioners and county attorney of Baldwin County to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or it becomes law without his approval and to ensure that such submission contains all materials necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General. (b) If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TOR INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended; and for other purposes.
Page 4796
This 7th day of January, 1992 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 Union-Recorder, which is the official organ of Baldwin County, on the following date: January 10, 1992. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 6th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved February 26, 1992. TROUP COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 634 (Senate Bill No. 659). AN ACT To amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4598), so as to provide new commissioner districts; to provide for definitions and insertions; to provide for
Page 4797
the continuation in office of commissioners currently serving and for the election of successors; to provide for submission of this Act to the United States Attorney General for approval; to provide for conditions for 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 Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4598), is amended by striking in their entireties subsections (a) and (b) of Section 2 and inserting in lieu thereof, respectively, the following: (a) For the purpose of electing the members of the Board of Commissioners, there shall be five commissioner districts as follows: Commissioner District No. 1 shall consist of the entire County of Troup. Commissioner District No. 2 shall consist of the following portion of Troup County: TROUP COUNTY VTD: 0003 LAGRANGE THREE (Part) Tract: 9604. Block(s): 101, 120, 122, 123 Tract: 9605. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119, 120, 121, 122, 133, 134, 135, 136, 137, 138A, 138B, 139, 140, 141B, 142, 143, 144B, 164A, 196A, 196B, 196C, 197, 201, 202, 203A, 203B, 204, 205A, 205B, 205C, 205D, 205E, 206C, 208A, 208B, 209, 210, 211, 220B, 221, 301B, 301C, 301D, 301F, 301G, 301H, 301J, 303A, 303B, 307, 308 Tract: 9606. Block(s): 112A VTD: 0006 HOGANSVILLE
Page 4798
VTD: 0008 ROUGH EDGE VTD: 0009 MOUNTVILLE VTD: 0010 MCLENDON (Part) Tract: 9601. Block(s): 202, 501, 502, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 563, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 589, 590, 593, 594, 595, 596, 597 Tract: 9602. Block(s): 101, 102, 105, 106, 107, 108, 112, 114, 115, 116, 123, 124, 125, 128, 141, 142, 143 VTD: 0015 HIGHLANDS (Part) Tract: 9607. Block(s): 301, 302, 303, 304, 305, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 420A, 420B, 420C, 501 Commissioner District No. 3 shall consist of the following portion of Troup County: TROUP COUNTY VTD: 0002 LAGRANGE TWO (Part) Tract: 9609. Block(s): 513C VTD: 0005 WEST POINT VTD: 0007 EAST VERNON (Part) Tract: 9603. Block(s): 203, 204, 206, 207, 228A, 234, 235, 236, 301, 302, 303, 304, 305, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312A, 312B, 312C, 312D, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331 Tract: 9609. Block(s): 401A, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 427, 428, 433, 434, 518B, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 701, 702, 703, 704, 705, 707, 708, 709, 710, 711, 712, 713, 715, 737, 738, 739, 740 VTD: 0010 MCLENDON (Part)
Page 4799
Tract: 9602. Block(s): 103, 104, 109, 110, 111, 113, 117, 118, 119, 120, 121, 122, 126, 127, 129, 136, 137, 138, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 242, 243, 244, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279 VTD: 0011 LONG CANE VTD: 0012 WEST VERNON VTD: 0013 GRAY HILL Commissioner District No. 4 shall consist of the following portion of Troup County: TROUP COUNTY VTD: 0001 LAGRANGE ONE VTD: 0002 LAGRANGE TWO (Part) Tract: 9608. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 129, 130, 131, 132, 133, 134, 203, 204, 205, 206, 212, 213, 214, 215, 216, 217, 225, 226, 227, 228, 229, 306, 307, 308, 309, 310, 311, 312, 316, 317, 319, 320, 321, 322, 323, 401, 402, 403, 425, 426, 427, 428, 429, 430, 431, 437, 438 Tract: 9609. Block(s): 301, 302 VTD: 0003 LAGRANGE THREE (Part) Tract: 9605. Block(s): 144A, 145, 146, 147, 148, 149, 150, 151, 152, 153A, 162, 163, 206A, 206B, 207, 212, 213, 214, 215, 216, 217, 218, 219, 220A, 222, 223, 301A, 301E, 302, 304, 305, 306, 309, 310, 311, 312, 401, 402, 403, 404, 405, 406, 407, 408, 418, 419, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 523, 525, 526 VTD: 0007 EAST VERNON (Part) Tract: 9603. Block(s): 201A, 201B, 201C, 202A, 202B, 205A, 205B, 208A, 208B, 208C, 209, 210, 211B, 212, 213, 214B, 214C, 226B, 227A, 227B, 228B, 229, 230, 231, 232, 233
Page 4800
VTD: 0010 MCLENDON (Part) Tract: 9602. Block(s): 130A, 130B, 131, 132, 133, 134, 135A, 135B, 139, 140, 144, 145 Commissioner District No. 5 shall consist of the following portion of Troup County: TROUP COUNTY VTD: 0002 LAGRANGE TWO (Part) Tract: 9604. Block(s): 429, 430, 431, 432, 433 Tract: 9608. Block(s): 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 201, 202, 207, 208, 209, 210, 211, 218, 219, 220, 221, 222, 223, 224, 230, 301, 302, 303, 304, 305, 313, 314, 315, 318, 324, 325, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 432, 433, 434, 435, 436, 439 Tract: 9609. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202, 203A, 203B, 203C, 204, 205A, 205B, 206, 207, 208, 209, 210, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314A, 314B, 315, 316, 317, 318, 319, 320, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513A, 513B, 514, 524A, 525, 526A, 529A, 530A, 530B, 533A, 559, 560, 561A, 562, 563, 564A, 565, 566, 567 VTD: 0003 LAGRANGE THREE (Part) Tract: 9605. Block(s): 141A, 153B, 155, 156, 157, 158, 409, 410, 411, 412, 413, 414, 415, 416, 417, 520, 521, 522, 524, 527, 528, 529, 530, 531, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622 Tract: 9606. Block(s): 114A, 115 VTD: 0004 LAGRANGE FOUR VTD: 0007 EAST VERNON (Part)
Page 4801
Tract: 9609. Block(s): 203D, 421, 422, 423A, 423B, 423C, 424A, 424B, 425A, 425B, 425C, 425D, 425E, 425F, 425G, 426A, 426B, 429A, 429B, 429C, 430A, 430B, 430C, 430D, 430E, 430F, 431, 432, 513D, 515, 516, 517, 518A, 519, 524B, 524C, 526B, 527, 528, 529B, 530C, 530D, 531, 532, 533B, 561B, 564B VTD: 0014 SUNNYSIDE VTD: 0015 HIGHLANDS (Part) Tract: 9606. Block(s): 201A, 202, 203, 204, 207, 208, 213, 214A, 215A, 216, 217, 232, 233, 234, 235 Tract: 9607. Block(s): 306, 307A, 307B, 308A, 308B, 308C, 309, 315A, 315B, 316A, 316B, 316C, 317A, 317B, 317C, 317D, 318, 319, 320A, 320B, 321, 322, 332A, 332B, 337, 338, 410, 411, 412, 413, 414, 415A, 415B, 415C, 416, 417, 418, 419 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
Page 4802
(4) Any part of Troup County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Troup County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Said Act is further amended by striking in its entirety Section 3 and inserting in lieu thereof the following: Section 3. (a) The commissioners serving on the effective date of this Act shall continue to serve for the remainder of their terms and until their successors are duly elected and qualified. Each such commissioner shall represent the commissioner district described in this Act which corresponds in number to the former district represented by each such commissioner. (b) The successors to the commissioners representing Commissioner Districts 2, 3, and 4 shall be elected at the general election held in November, 1992, to take office on the first day of January, 1993. The successors to the commissioners representing Commissioner Districts 1 and 5 shall be elected at the general election held in November, 1994, to take office on the first day of January, 1995. Each such commissioner and all successors shall serve a term of four years and until his successor is duly elected and qualified. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Troup County to submit this Act to the United States Attorney General for approval. If, as of
Page 4803
the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4598); and for other purposes. This 10th day of January, 1992. Honorable A. Quillian Baldwin, Jr. Senator, 29th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Quillian Baldwin, Jr., who, on oath, deposes and says that he is Senator from the 29th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following date: January 10, 1992. /s/ A. Quillian Baldwin, Jr. Senator, 29th District
Page 4804
Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved February 27, 1992. WILKINSON COUNTYBOARD OF EDUCATION; DISTRICTS; TERMS. No. 635 (House Bill No. 1167). AN ACT To amend an Act creating a Board of Education of Wilkinson County, approved April 3, 1972 (Ga. L. 1972, p. 3333), as amended, so as to change the composition of the education districts from which the members of the board are elected; to provide for definitions and inclusions; to provide for terms; to provide for a statement of intent; to provide for submission of this Act to the U. S. Attorney General; to provide when such Act shall be void and repealed; 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 Education of Wilkinson County, approved April 3, 1972 (Ga. L. 1972, p. 3333), as amended, is amended by striking Sections 1 and 2 of said Act and inserting in lieu thereof new Sections 1 and 2 to read as follows: Section 1. The Board of Education of Wilkinson County shall be composed of a chairman and four members. The chairman shall be elected from the Wilkinson County School District at large. The four members of the board shall
Page 4805
be elected from the education districts provided in Section 2 of this Act. Section 2. (a) Those members of the Board of Education serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until their successors are elected and qualified. (b) For the purpose of electing a Board of Education of Wilkinson County, the Wilkinson County School District shall be divided into four education districts as follows: Education District: 1 WILKINSON COUNTY VTD: 0002 BETHEL (Part) Tract: 9603. Block(s): 401B VTD: 0003 BLOODWORTH (Part) Tract: 9602. Block(s): 131, 132, 133, 134, 135, 136, 137, 138, 139, 140 VTD: 0006 IVEY (Part) Tract: 9603. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112A, 112B, 113, 114, 115A, 115B, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150A, 150B, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 201A, 201B, 201C, 201D, 201E, 202, 203B, 204, 205, 209, 212B, 213, 214A, 214B, 215, 216, 217, 219, 230, 231, 232, 233, 234, 237A, 237B, 237C, 242, 243, 244, 245, 401A, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 433, 434, 435, 436, 437, 438, 439, 440, 443, 444 VTD: 0010 RAMAH (Part) Tract: 9603.
Page 4806
Block(s): 218, 220, 227, 228, 229, 252, 253, 301, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 451, 452, 453, 454 Education District: 2 WILKINSON COUNTY VTD: 0001 IRWINTON (Part) Tract: 9602. Block(s): 302B, 308B, 309B, 310, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 330, 331, 332, 333, 334, 335, 336, 350, 351, 352, 354, 355, 356, 357, 358, 359, 360, 361, 362 VTD: 0002 BETHEL (Part) Tract: 9602. Block(s): 141, 142, 143, 144, 145D, 145E, 145F, 165D, 166B, 166C, 167, 168, 169, 170C, 173, 174, 175B, 311, 312, 313, 314, 315, 316, 329, 401, 402, 403, 404 Tract: 9603. Block(s): 238B, 238C, 412B, 413, 424B, 425, 426, 427C, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476 VTD: 0005 HIGH HILL (Part) Tract: 9604. Block(s): 116, 117, 118, 120 VTD: 0006 IVEY (Part) Tract: 9603. Block(s): 206, 207, 208, 210B, 236B, 429B, 430, 431, 432, 441, 442, 445, 446, 447B, 458B, 459, 460 VTD: 0010 RAMAH (Part) Tract: 9603. Block(s): 203A, 210A, 211, 212A, 221, 222, 223, 224, 225, 226, 235, 236A, 238A, 239, 240, 241, 246, 247, 248, 249, 250, 251, 302, 303, 304, 412A, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424A, 427A, 427B, 428, 429A, 447A, 448, 449, 450, 455, 456, 457, 458A VTD: 0011 TURKEY CREEK (Part) Tract: 9604. Block(s): 201
Page 4807
Education District: 3 WILKINSON COUNTY VTD: 0001 IRWINTON (Part) Tract: 9601. Block(s): 135, 168, 169, 170, 171, 172, 173, 174, 175 Tract: 9602. Block(s): 203A, 211A, 221, 222, 223, 301A, 301B, 337, 338B, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 353 VTD: 0003 BLOODWORTH (Part) Tract: 9601. Block(s): 107, 108, 109, 110 Tract: 9602. Block(s): 151, 152, 153, 154, 155, 156, 181, 182, 183, 184, 185, 190, 191, VTD: 0004 GRIFFIN VTD: 0005 HIGH HILL (Part) Tract: 9604. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 119, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 159, 160, 161, 162, 163, 164, 174, 175, 176, 177, 194, 195 VTD: 0007 LORD VTD: 0009 PASSMORE VTD: 0011 TURKEY CREEK (Part) Tract: 9604. Block(s): 121A, 121B, 169, 170, 171, 172, 173, 178, 179, 180, 181, 191, 192, 193, 202, 203, 204, 205, 206, 207, 208, 209A, 209B, 210A, 210B, 211, 212, 213, 214A, 214B, 215A, 215B, 216A, 216B, 216C, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229 Education District: 4 WILKINSON COUNTY VTD: 0003 BLOODWORTH (Part) Tract: 9602. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119,
Page 4808
120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 146A, 146B, 147, 148, 149, 150, 157A, 157B, 158, 159A, 159B, 160A, 160B, 161, 162, 180, 186, 187, 188, 189 VTD: 0008 MIDWAY (Part) Tract: 9602. Block(s): 145A, 145B, 145C, 163, 164, 165A, 165B, 165C, 166A, 170A, 170B, 171, 172, 175A, 176, 177, 178, 179A, 179B, 203B, 203C, 204, 205, 206, 207, 208, 209, 210, 211B, 211C, 212, 213, 214, 215, 216A, 216B, 217, 218, 219, 220, 302A, 303, 304, 305, 306, 307, 308A, 309A, 338A (c) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Wilkinson County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
Page 4809
(5) Any part of Wilkinson County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (d) Each district member of the board of education shall be a resident of the respective education district during the member's term of office, and a candidate for district membership on said board shall have been a resident of the county education district for at least two years and of the education district for which the candidate offers for election at least one year prior to the date of election. Each person offering for election as a district member of said board shall specify the education district for which the person is offering. Each district member of the board shall be elected by a majority vote of the qualified voters voting within each respective education district. The chairman of the board shall have been a resident of the county education district at least two years prior to the date of election. The chairman may reside anywhere within the Wilkinson County education district and shall be elected by a majority of the qualified voters voting at large within the Wilkinson County education district. The chairman shall be a full-voting member of the board. All members of said board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the `Georgia Election Code.' (e) (1) The terms of office of the chairman and those members elected from Education Districts 3 and 4 shall expire December 31, 1992. Their successors shall be elected at the general election in November, 1992, from the education district set forth in this Act and quadrennially thereafter for terms of four years and shall take office on the first day of January immediately following their election.
Page 4810
(2) The terms of office of those members elected from Education Districts 1 and 2 shall expire December 31, 1994. Their successors shall be elected at the general election in November, 1994, and quadrennially thereafter from the education district set forth in this Act for terms of four years and shall take office on the first day of January immediately following their election. (3) All members shall serve until their successors are elected and qualified. Section 2 . It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Wilkinson County are to be elected in the November, 1992, general election and in subsequent general elections and results from changes in population based on the United States decennial census of 1990. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Wilkinson County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating a new Board of Education of Wilkinson
Page 4811
County, approved April 3, 1972 (Ga. L. 1972, p. 3333), as amended; and for other purposes. This 20th day of December, 1991. /Signed/ Kenneth W. Birdsong GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following date: December 23, 1991. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 27, 1992. WILKINSON COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 636 (House Bill No. 1168). AN ACT To amend an Act creating the Board of Commissioners of Wilkinson County, approved February 28, 1933 (Ga. L. 1933, p.
Page 4812
777), as amended, so as to change the composition of the commissioner districts from which the chairman and members of the board are elected; to provide for definitions and inclusions; to provide for other related matters; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Board of Commissioners of Wilkinson County, approved February 28, 1933 (Ga. L. 1933, p. 777), as amended, is amended by striking Sections 1 and 2 in their entirety and substituting in lieu thereof new Sections 1 and 2 to read as follows: Section 1. The governing authority of Wilkinson County shall be a board of commissioners consisting of a chairman and four additional members who shall be elected as hereinafter provided in this Act. Section 2. (a) The chairman of the board of commissioners may reside anywhere within Wilkinson County and shall be elected by a majority of the qualified electors of Wilkinson County voting at the elections hereinafter provided for in this Act. Any person offering as a candidate for chairman shall have been a resident of Wilkinson County for two years immediately preceding the date of election and shall remain a resident of said county during the term of office. The chairman and all other members shall be at least 21 years of age as of the date of taking office. For the purpose of electing the other four members of the board, Wilkinson County shall be divided into four commissioner districts as follows: Commissioner District: 1 WILKINSON COUNTY VTD: 0002 BETHEL (Part) Tract: 9603. Block(s): 401B
Page 4813
VTD: 0003 BLOODWORTH (Part) Tract: 9602. Block(s): 131, 132, 133, 134, 135, 136, 137, 138, 139, 140 VTD: 0006 IVEY (Part) Tract: 9603. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112A, 112B, 113, 114, 115A, 115B, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150A, 150B, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 201A, 201B, 201C, 201D, 201E, 202, 203B, 204, 205, 209, 212B, 213, 214A, 214B, 215, 216, 217, 219, 230, 231, 232, 233, 234, 237A, 237B, 237C, 242, 243, 244, 245, 401A, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 433, 434, 435, 436, 437, 438, 439, 440, 443, 444 VTD: 0010 RAMAH (Part) Tract: 9603. Block(s): 218, 220, 227, 228, 229, 252, 253, 301, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 451, 452, 453, 454 Commissioner District: 2 WILKINSON COUNTY VTD: 0001 IRWINTON (Part) Tract: 9602. Block(s): 302B, 308B, 309B, 310, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 330, 331, 332, 333, 334, 335, 336, 350, 351, 352, 354, 355, 356, 357, 358, 359, 360, 361, 362 VTD: 0002 BETHEL (Part) Tract: 9602. Block(s): 141, 142, 143, 144, 145D, 145E, 145F, 165D, 166B, 166C, 167, 168, 169, 170C, 173, 174, 175B, 311, 312, 313, 314, 315, 316, 329, 401, 402,
Page 4814
403, 404 Tract: 9603. Block(s): 238B, 238C, 412B, 413, 424B, 425, 426, 427C, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476 VTD: 0005 HIGH HILL (Part) Tract: 9604. Block(s): 116, 117, 118, 120 VTD: 0006 IVEY (Part) Tract: 9603. Block(s): 206, 207, 208, 210B, 236B, 429B, 430, 431, 432, 441, 442, 445, 446, 447B, 458B, 459, 460 VTD: 0010 RAMAH (Part) Tract: 9603. Block(s): 203A, 210A, 211, 212A, 221, 222, 223, 224, 225, 226, 235, 236A, 238A, 239, 240, 241, 246, 247, 248, 249, 250, 251, 302, 303, 304, 412A, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424A, 427A, 427B, 428, 429A, 447A, 448, 449, 450, 455, 456, 457, 458A VTD: 0011 TURKEY CREEK (Part) Tract: 9604. Block(s): 201 Commissioner District: 3 WILKINSON COUNTY VTD: 0001 IRWINTON (Part) Tract: 9601. Block(s): 135, 168, 169, 170, 171, 172, 173, 174, 175 Tract: 9602. Block(s): 203A, 211A, 221, 222, 223, 301A, 301B, 337, 338B, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 353 VTD: 0003 BLOODWORTH (Part) Tract: 9601. Block(s): 107, 108, 109, 110 Tract: 9602. Block(s): 151, 152, 153, 154, 155, 156, 181, 182, 183, 184, 185, 190, 191, VTD: 0004 GRIFFIN VTD: 0005 HIGH HILL (Part)
Page 4815
Tract: 9604. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 119, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 159, 160, 161, 162, 163, 164, 174, 175, 176, 177, 194, 195 VTD: 0007 LORD VTD: 0009 PASSMORE VTD: 0011 TURKEY CREEK (Part) Tract: 9604. Block(s): 121A, 121B, 169, 170, 171, 172, 173, 178, 179, 180, 181, 191, 192, 193, 202, 203, 204, 205, 206, 207, 208, 209A, 209B, 210A, 210B, 211, 212, 213, 214A, 214B, 215A, 215B, 216A, 216B, 216C, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229 Commissioner District: 4 WILKINSON COUNTY VTD: 0003 BLOODWORTH (Part) Tract: 9602. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 146A, 146B, 147, 148, 149, 150, 157A, 157B, 158, 159A, 159B, 160A, 160B, 161, 162, 180, 186, 187, 188, 189 VTD: 0008 MIDWAY (Part) Tract: 9602. Block(s): 145A, 145B, 145C, 163, 164, 165A, 165B, 165C, 166A, 170A, 170B, 171, 172, 175A, 176, 177, 178, 179A, 179B, 203B, 203C, 204, 205, 206, 207, 208, 209, 210, 211B, 211C, 212, 213, 214, 215, 216A, 216B, 217, 218, 219, 220, 302A, 303, 304, 305, 306, 307, 308A, 309A, 338A (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the
Page 4816
United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Wilkinson County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Wilkinson County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) A candidate for commissioner other than the chairman, hereinafter referred to as district commissioner, shall have been a resident of the commissioner district for which the candidate is offering for at least one year and of Wilkinson County for at least two years prior to the election. A district commissioner shall remain a resident of the respective commissioner district during the term for which elected.
Page 4817
Each district commissioner shall be elected by a majority of the qualified electors voting within each respective commissioner district. A candidate for district commissioner shall specify the commissioner district for which the candidate is offering. The chairman and all other members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the `Georgia Election Code.' (d) The members of the board serving in office on the effective date of this Act shall continue to serve in office until the expiration of the terms for which they were elected, which terms shall expire December 31, 1994, and until their successors are elected and qualified as provided in this Act. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Wilkinson County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill creating the Board of Commissioners of Wilkinson County, approved February 28, 1933 (Ga. L. 1933, p. 777), as amended; and for other purposes.
Page 4818
This 20th day of December, 1991. /Signed/ Kenneth W. Birdsong GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following date: December 23, 1991. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 27, 1992. HARALSON COUNTYBOARD OF EDUCATION; DISTRICTS. No. 637 (House Bill No. 1696). AN ACT To amend an Act providing for the election of the members of the Board of Education of Haralson County, approved April 12, 1982 (Ga. L. 1982, p. 4523), so as to provide for education districts; to provide for definitions and insertions; to provide for submission of this Act to the United States Attorney
Page 4819
General; to provide when this Act shall be void and repealed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: An Act providing for the election of the members of the Board of Education of Haralson County, approved April 12, 1982 (Ga. L. 1982, p. 4523), is amended by striking in their entirety subsections (a) and (b) of Section 2 and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) For the purpose of electing the members of said board of education, the Haralson County school district shall be divided into five education districts as follows: Education District: 1 HARALSON COUNTY VTD: 0003 TALLAPOOSA (Part) Tract: 9802. Block(s): 185A, 201A, 201B, 202A, 202B, 203A, 203B, 204A, 204B, 205, 217B, 218C, 219B, 220, 221, 223, 224, 226, 227A, 227B, 228, 229, 230, 231, 238B, 301, 302, 303, 304, 305, 306, 332, 333, 334, 335, 336, 337, 338, 346B, 348B, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 367, 368, 369, 370, 379, 380, 401, 402, 403, 404A, 404B, 405, 406, 407A, 407B, 408, 409, 410, 411, 412, 413A, 413B, 413C, 413D, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427A, 427B, 427C, 427D, 428, 429, 430, 431, 432, 433, 434, 435, 436, 438, 439A, 439B, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458A, 458B, 459A, 459B, 460 VTD: 0006 LITTLE CREEK VTD: 0011 STEADMAN VTD: 0012 BEREA
Page 4820
Education District: 2 HARALSON COUNTY VTD: 0002 BUCHANAN (Part) Tract: 9801. Block(s): 251, 252, 253, 254, 264A, 264B, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275A, 275B, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 296, 297, 321, 322, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370A, 370B, 371, 372, 373, 374A, 374B, 375A, 375B, 376, 377, 378A, 378B, 379, 380, 381, 382A, 382B, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 434A, 434B, 435, 436, 437, 438, 439, 440, 441, 442 VTD: 0007 TWENTIETH VTD: 0008 CORINTH (Part) Tract: 9801. Block(s): 240, 241, 257, 258, 259, 260A, 260B, 261, 262, 263, 293A, 293B, 293C, 294, 295A, 295B, 295C VTD: 0009 FELTON VTD: 0010 MT VIEW Education District: 3 HARALSON COUNTY VTD: 0003 TALLAPOOSA (Part) Tract: 9802. Block(s): 217A, 218A, 218B, 219A, 222, 225, 232, 233, 234, 235, 236, 237, 238A, 239, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 339, 340, 341, 342, 343, 344A, 344B, 345A, 345B, 346A, 346C, 347, 348A, 365, 371A, 371B, 372A, 372B, 372C, 373A, 373B, 374, 375A, 375B, 376, 377, 378, 437, 501, 502A, 502B, 503, 504, 505A, 505B, 506A, 506B, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529A, 529B,
Page 4821
530, 531A, 532B, 533A, 533B, 534, 535, 536, 537A, 537B, 538A, 538B, 539A, 539B, 540A, 540B, 540C, 541, 542A, 543, 544, 545, 546A, 561A, 563 Tract: 9803. Block(s): 425, 426, 427, 428, 429, 430, 431, 432, 433 VTD: 0004 BUNCOMBE VTD: 0005 WACO (Part) Tract: 9802. Block(s): 565B, 566B, 567B, 568, 588B Tract: 9803. Block(s): 222, 223, 260, 261, 262, 311, 312B, 313, 314, 315, 316, 317, 318B, 319B, 320, 321, 418B, 420, 421, 422, 423, 424, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446B, 447B, 475, 476, 478B, 478C, 478D, 479B, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497 Education District: 4 HARALSON COUNTY VTD: 0001 BREMEN (Part) Tract: 9803. Block(s): 117, 203, 204, 205, 206, 210, 232, 234, 240, 243, 263, 264 VTD: 0002 BUCHANAN (Part) Tract: 9801. Block(s): 402, 403, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422A, 422B, 423, 424A, 424B, 425A, 425B, 426, 427, 428, 429A, 429B, 430, 431, 432A, 432B, 433A, 433B, 443, 444, 445, 446, 447, 448A, 448B, 449A, 449B, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462 VTD: 0005 WACO (Part) Tract: 9803. Block(s): 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 224, 233 VTD: 0008 CORINTH (Part) Tract: 9801. Block(s): 129, 130, 131, 134, 135, 136, 137, 138, 139,
Page 4822
140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 401A, 401B, 463, 464 VTD: 0013 SEVENTH (Part) Tract: 9803. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118, 119, 127, 128 Education District: 5 HARALSON COUNTY VTD: 0001 BREMEN (Part) Tract: 9803. Block(s): 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 186, 187, 188, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 225, 226, 227, 228B, 229, 230, 231, 235B, 235C, 236, 237, 238, 239, 241, 242, 244, 245, 246, 247, 248, 249, 250B, 251, 252B, 253B, 255B, 309B, 310C, 328C, 355B, 356B, 357, 358, 359B, 410B, 411B, 412B, 452D, 452E, 454D, 454E, 455B, 455C, 455D, 462B, 463C, 465B, 465C, 466, 471B, 471C, 471D, 471E, 472E, 472F, 501, 502B, 503B, 505B, 507B, 532C, 535B, 536, 601B, 602B, 602C, 603B, 629B, 632B, 633B, 634B, 635, 636C, 636D, 638B, 640B, 640C, 641B, 641C, 641D, 642B, 643, 644, 645, 647D, 647E, 647F, 647G, 647H, 648B, 649, 650B, 651, 652B, 654B, 655B, 656B, 657, 658, 659, 660, 661 VTD: 0005 WACO (Part) Tract: 9803. Block(s): 312A, 318A, 319A, 322, 323, 324, 325, 326, 327, 328B, 359A, 412A, 413, 414, 415, 416, 417, 418A, 419, 446A, 447A, 447C, 448A, 448B, 448C, 448D, 448E, 449, 450A, 450B, 450C, 451B, 451C, 451D, 452C, 473A, 473B, 474, 477B VTD: 0013 SEVENTH (Part) Tract: 9803. Block(s): 120, 121, 122, 123, 124, 125, 126, 129, 130,
Page 4823
131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 189 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of Haralson County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
Page 4824
(6) Any part of Haralson County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Haralson County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an Act relating to the Board of Education of Haralson County, approved April 12, 1982 (Ga. L. 1982, p. 4523), so as to change provisions relating to the composition and election of the board of education; to provide for other related matters; to repeal conflicting laws; and for other purposes. This 27th day of January, 1992. /s/ Jack Nixon Chairman, Haralson County Board of Education
Page 4825
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 30, 1992. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 14th day of February, 1992. /s/ Robert E. Rivers, Jr. Notary Public, My Commission Expires Aug. 23, 1993 (SEAL) Approved February 27, 1992. TATTNALL COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 639 (House Bill No. 1700). AN ACT To amend an Act creating the Board of Commissioners of Tattnall County, approved August 18, 1927 (Ga. L. 1927, p. 674), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4624), so as to reapportion and change the boundaries of the five road districts in Tattnall County for the purpose of electing members of the board of commissioners; to provide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under
Page 4826
certain circumstances; 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 Tattnall County, approved August 18, 1927 (Ga. L. 1927, p. 674), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4624), is amended by striking Section 1B of said Act and inserting in lieu thereof a new Section 1B to read as follows: Section 1B. (a) Road districts. Tattnall County is divided into five road districts for purposes of identifying the districts from which commissioners are to be elected and to adequately identify and mark the lines and boundaries of said districts so that the voters residing in such districts may properly identify their correct place of voting. The districts shall be numbered and the boundaries described as follows: District 1 TATTNALL COUNTY VTD: 0001 COBBTOWN VTD: 0002 LONGVIEW VTD: 0003 COLLINS VTD: 0004 MANASSAS (Part) Tract: 9901. Block(s): 154, 155, 156, 157, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176 Tract: 9902.98 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109A, 109B, 110A, 110B, 111, 112, 113A, 113B, 114A, 114B, 115, 116, 117, 118A, 118B, 119A, 119B, 120, 128A, 128B, 130, 196, 197 VTD: 0005 REIDSVILLE (Part) Tract: 9902.98 Block(s): 121, 122, 138, 139, 140, 195
Page 4827
District 2 TATTNALL COUNTY VTD: 0004 MANASSAS (Part) Tract: 9902.98 Block(s): 124, 125, 126, 127, 129, 131, 132, 133, 134, 135, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 180, 181 VTD: 0005 REIDSVILLE (Part) Tract: 9902.98 Block(s): 123, 136, 137, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 192, 193, 194, 207, 208, 210, 213, 214, 215, 216, 217A, 217B, 218A, 218B, 219A, 219B, 220, 221, 222, 223, 224, 225A, 226A, 227, 228, 229A, 229B, 230, 231A, 231B, 232A, 232B, 233A, 233B, 234A, 234B, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 252A, 252B, 253, 254, 255, 256, 257, 258, 301B, 302A, 302B, 303, 304, 305, 306, 309, 310, 322, 323, 324, 325, 326, 327, 328, 344, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424A, 424B, 425A, 425B, 425C, 426A, 426B, 426C, 427A, 427B, 427C, 428, 429, 430, 431, 432, 433A, 433B, 434A, 434B, 434C, 435A, 435B, 435C, 436, 437, 438, 439, 440, 441, 446A, 446B, 447A, 447B, 447C, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461A, 461B, 472, 473, 475, 476, 477, 501A, 502A, 503A, 504A, 505A, 506A, 507, 508, 509, 510, 511, 512, 513A, 514A, 515A, 516, 517, 518, 519, 521 VTD: 0006 MENDES (Part) Tract: 9902.98 Block(s): 178, 179, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 345, 346 Tract: 9903. Block(s): 115, 116, 117, 118, 119, 134, 135, 136 Tract: 9904. Block(s): 103, 104, 109, 110, 111, 112 VTD: 0009 TYSON (Part) Tract: 9902.98
Page 4828
Block(s): 469, 474 VTD: 0011 SHILOH (Part) Tract: 9902.98 Block(s): 301A, 313, 320, 321, 329, 330, 331, 332, 333, 334, 337, 343, 444A, 444B, 445A, 445B, 481 Tract: 9903. Block(s): 137 Tract: 9904. Block(s): 101, 102, 105, 108 District 3 TATTNALL COUNTY VTD: 0004 MANASSAS (Part) Tract: 9902.98 Block(s): 176, 177 VTD: 0006 MENDES (Part) Tract: 9903. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 174, 175, 176, 177, 178, 179, 180, 181, 182, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 269, 270, 275, 288, 296, 297 Tract: 9904. Block(s): 120, 121, 122, 123, 214, 215 VTD: 0008 BIRDFORD VTD: 0010 GLENNVILLE (Part) Tract: 9904. Block(s): 401, 402, 403, 404, 405, 411, 412, 413, 424, 425, 426, 427, 428, 429, 430, 431A, 432, 512A, 513, 514, 515, 516, 517A, 519A, 519B, 523, 524, 525 VTD: 0013 ELLA GROVE
Page 4829
District 4 TATTNALL COUNTY VTD: 0006 MENDES (Part) Tract: 9904. Block(s): 113 VTD: 0007 ELZA (Part) Tract: 9902.98 Block(s): 520B, 522, 523, 537, 538, 539, 540, 541, 542, 562, 563, 564, 565, 566, 567 VTD: 0009 TYSON (Part) Tract: 9902.98 Block(s): 468A, 520C, 520D, 520E VTD: 0011 SHILOH (Part) Tract: 9902.98 Block(s): 307, 308, 311, 312, 314, 315, 316, 317, 318, 319, 335, 336, 338, 339, 340A, 340B, 341A, 341B, 342, 411, 412, 413, 414, 442A, 442B, 443, 462, 463, 464, 465, 466, 467, 468B, 471, 478, 479, 480, 482, 486 Tract: 9904. Block(s): 106, 107, 114, 115, 117, 118, 119, 124, 125, 126, 128, 142, 143 VTD: 0012 WHITE PLAINS District 5 TATTNALL COUNTY VTD: 0005 REIDSVILLE (Part) Tract: 9902.98 Block(s): 470, 520A, 524, 525, 526 Tract: 9905.98 Block(s): 301B, 329B, 329C VTD: 0007 ELZA (Part) Tract: 9902.98 Block(s): 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 543, 544, 545, 546, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561 Tract: 9905.98 Block(s): 328B, 334B, 335B, 339B, 340, 341B VTD: 0009 TYSON (Part) Tract: 9902.98
Page 4830
Block(s): 483, 484, 485, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 547, 548 Tract: 9904. Block(s): 116, 127, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 153, 154, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 231, 232, 233, 234, 235, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 261, 266, 278, 279, 280, 281, 282 VTD: 0010 GLENNVILLE (Part) Tract: 9903. Block(s): 284A, 289, 290, 427, 428, 429, 430 Tract: 9904. Block(s): 213A, 221A, 223, 224, 225, 226, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 262, 263, 264, 265, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 302A, 303A, 304, 305A, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333A, 333B, 334A, 334B, 335, 336, 337, 338, 339, 340, 341, 342, 343A, 343B, 406, 407, 408, 409, 410, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 569, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the
Page 4831
O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any road district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Tattnall County which is not included in any road district described in this section shall be included within that road district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Tattnall County which is described in this section as being included in a particular road district shall nevertheless not be included within such road district if such part is not contiguous to such road district. Such noncontiguous part shall instead be included within that road district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Tattnall County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 4832
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide for the reappointment of the Board of Commissioners of Tattnall County; and for other purposes. This 6th day of January, 1992. 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: January 16, 1992. /s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 14th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 28, 1992.
Page 4833
TATTNALL COUNTYBOARD OF EDUCATION; ELECTIONS; DISTRICTS. No. 640 (House Bill No. 1702). AN ACT To amend an Act providing for elections of members of the Board of Education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4760), so as to change the provisions relating to the election of members of the board of education and reapportion the education districts from which members are elected; to provide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for elections of members of the Board of Education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4760), is amended by striking subsection (c) of Section 1 and inserting in lieu thereof a new subsection (c) to read as follows: (c) Election of members. All members shall be elected at the general election immediately preceding the expiration of their respective terms of office of four years and until their successors are elected, qualified, and take office on the first Monday in January immediately following their election. The members of the board in office on January 1, 1992, shall continue to serve until the expiration of their terms and until their successors are elected and qualified. Section 2 . Said Act is further amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
Page 4834
Section 2. (a) Education districts. The Tattnall County School District is divided into five education districts for purposes of identifying the districts from which members are to be elected and to adequately identify and mark the lines and boundaries of said districts so that the voters residing in such districts may properly identify their correct place of voting. The education districts shall be numbered and the boundaries described as follows: Education District 1 TATTNALL COUNTY VTD: 0001 COBBTOWN VTD: 0002 LONGVIEW VTD: 0003 COLLINS VTD: 0004 MANASSAS (Part) Tract: 9901. Block(s): 154, 155, 156, 157, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176 Tract: 9902.98 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109A, 109B, 110A, 110B, 111, 112, 113A, 113B, 114A, 114B, 115, 116, 117, 118A, 118B, 119A, 119B, 120, 128A, 128B, 130, 196, 197 VTD: 0005 REIDSVILLE (Part) Tract: 9902.98 Block(s): 121, 122, 138, 139, 140, 195 Education District 2 TATTNALL COUNTY VTD: 0004 MANASSAS (Part) Tract: 9902.98 Block(s): 124, 125, 126, 127, 129, 131, 132, 133, 134, 135, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 180, 181 VTD: 0005 REIDSVILLE (Part) Tract: 9902.98 Block(s): 123, 136, 137, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 192, 193, 194, 207, 208, 210, 213, 214, 215, 216, 217A, 217B, 218A, 218B, 219A,
Page 4835
219B, 220, 221, 222, 223, 224, 225A, 226A, 227, 228, 229A, 229B, 230, 231A, 231B, 232A, 232B, 233A, 233B, 234A, 234B, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 252A, 252B, 253, 254, 255, 256, 257, 258, 301B, 302A, 302B, 303, 304, 305, 306, 309, 310, 322, 323, 324, 325, 326, 327, 328, 344, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424A, 424B, 425A, 425B, 425C, 426A, 426B, 426C, 427A, 427B, 427C, 428, 429, 430, 431, 432, 433A, 433B, 434A, 434B, 434C, 435A, 435B, 435C, 436, 437, 438, 439, 440, 441, 446A, 446B, 447A, 447B, 447C, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461A, 461B, 472, 473, 475, 476, 477, 501A, 502A, 503A, 504A, 505A, 506A, 507, 508, 509, 510, 511, 512, 513A, 514A, 515A, 516, 517, 518, 519, 521 VTD: 0006 MENDES (Part) Tract: 9902.98 Block(s): 178, 179, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 345, 346 Tract: 9903. Block(s): 115, 116, 117, 118, 119, 134, 135, 136 Tract: 9904. Block(s): 103, 104, 109, 110, 111, 112 VTD: 0009 TYSON (Part) Tract: 9902.98 Block(s): 469, 474 VTD: 0011 SHILOH (Part) Tract: 9902.98 Block(s): 301A, 313, 320, 321, 329, 330, 331, 332, 333, 334, 337, 343, 444A, 444B, 445A, 445B, 481 Tract: 9903. Block(s): 137 Tract: 9904. Block(s): 101, 102, 105, 108 Education District 3 TATTNALL COUNTY VTD: 0004 MANASSAS (Part)
Page 4836
Tract: 9902.98 Block(s): 176, 177 VTD: 0006 MENDES (Part) Tract: 9903. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 174, 175, 176, 177, 178, 179, 180, 181, 182, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 269, 270, 275, 288, 296, 297 Tract: 9904. Block(s): 120, 121, 122, 123, 214, 215 VTD: 0008 BIRDFORD VTD: 0010 GLENNVILLE (Part) Tract: 9904. Block(s): 401, 402, 403, 404, 405, 411, 412, 413, 424, 425, 426, 427, 428, 429, 430, 431A, 432, 512A, 513, 514, 515, 516, 517A, 519A, 519B, 523, 524, 525 VTD: 0013 ELLA GROVE Education District 4 TATTNALL COUNTY VTD: 0006 MENDES (Part) Tract: 9904. Block(s): 113 VTD: 0007 ELZA (Part) Tract: 9902.98 Block(s): 520B, 522, 523, 537, 538, 539, 540, 541, 542, 562, 563, 564, 565, 566, 567 VTD: 0009 TYSON (Part) Tract: 9902.98 Block(s): 468A, 520C, 520D, 520E VTD: 0011 SHILOH (Part) Tract: 9902.98
Page 4837
Block(s): 307, 308, 311, 312, 314, 315, 316, 317, 318, 319, 335, 336, 338, 339, 340A, 340B, 341A, 341B, 342, 411, 412, 413, 414, 442A, 442B, 443, 462, 463, 464, 465, 466, 467, 468B, 471, 478, 479, 480, 482, 486 Tract: 9904. Block(s): 106, 107, 114, 115, 117, 118, 119, 124, 125, 126, 128, 142, 143 VTD: 0012 WHITE PLAINS Education District 5 TATTNALL COUNTY VTD: 0005 REIDSVILLE (Part) Tract: 9902.98 Block(s): 470, 520A, 524, 525, 526 Tract: 9905.98 Block(s): 301B, 329B, 329C VTD: 0007 ELZA (Part) Tract: 9902.98 Block(s): 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 543, 544, 545, 546, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561 Tract: 9905.98 Block(s): 328B, 334B, 335B, 339B, 340, 341B VTD: 0009 TYSON (Part) Tract: 9902.98 Block(s): 483, 484, 485, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 547, 548 Tract: 9904. Block(s): 116, 127, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 153, 154, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 231, 232, 233, 234, 235, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 261, 266, 278, 279, 280, 281, 282 VTD: 0010 GLENNVILLE (Part) Tract: 9903. Block(s): 284A, 289, 290, 427, 428, 429, 430 Tract: 9904. Block(s): 213A, 221A, 223, 224, 225, 226, 249, 250,
Page 4838
251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 262, 263, 264, 265, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 302A, 303A, 304, 305A, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333A, 333B, 334A, 334B, 335, 336, 337, 338, 339, 340, 341, 342, 343A, 343B, 406, 407, 408, 409, 410, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 569, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of the Tattnall County School District which is not included in any education district described in this section shall be included within that education
Page 4839
district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of the Tattnall County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Tattnall County Board of Education to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is give that there will be introduced at the regular 1992 session of the Generally Assembly of Georgia a bill to provide for the reapportionment of the Board of Education of Tattnall County; for other purposes. This 3rd day of January, 1992. Honorable Clinton Oliver Representative, 121 District
Page 4840
GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clinton Oliver, who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tattnall Journal, which is the official organ of Tattnall County, on the following date: January 16, 1992. /s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 14th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 28, 1992. BRYAN COUNTYBOARD OF COMMISSIONERS; DISTRICTS; TERMS. No. 641 (House Bill No. 1730). AN ACT To amend an Act providing for the election of members of the Board of Commissioners of Bryan County, approved April 12, 1982 (Ga. L. 1982, p. 4270), so as to provide for commissioner districts and posts; to provide for initial and regular terms of office; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to provide for related matters; to repeal conflicting laws; and for other purposes.
Page 4841
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the election of members of the Board of Commissioners of Bryan County, approved April 12, 1982 (Ga. L. 1982, p. 4270), is amended by striking subsections (a), (b), (c), and (d) of Section 1 in their entirety and inserting in lieu thereof the following: (a) The Board of Commissioners of Bryan County shall be composed of six members who shall be qualified voters of Bryan County. The terms of office of all members presently serving as elected members of the board shall expire as follows: (1) The present term of the chairman of the board, currently Post 1, shall expire on December 31, 1992; (2) The present term of the vice-chairman of the board, currently Post 2, shall expire on December 31, 1994; (3) The present term of the District 1 Commissioner, 19th G.M.D., shall expire on December 31, 1992; (4) The present term of the District 2 Commissioner, 1380th G.M.D., shall expire on December 31, 1994; and (5) The present term of the District 3 Commissioner, 20th G.M.D., shall expire on December 31, 1992. Thereafter, new members of the board shall be elected as provided in this Act. (b) For the purpose of electing members of the board of commissioners, Bryan County is divided into four commissioner districts to be composed of that territory embraced within the following areas within Bryan County:
Page 4842
Commissioner District: 1 BRYAN COUNTY VTD: 0001 NINETEENTH (Part) Tract: 9201. Block(s): 126, 127, 128, 129, 137, 138, 175, 176, 177, 178, 181, 182, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241A, 241B, 242, 243A, 243B, 244, 245, 246A, 246B, 247, 248A, 248B, 249, 250, 251, 252, 253, 254, 255A, 255B, 256, 257, 258, 259, 260, 261, 262A, 262B, 263A, 263B, 264, 265, 266, 267, 268A, 268B, 269A, 269B, 270, 271A, 271B, 272A, 272B, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 354, 355A, 355B, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 372A, 374, 375, 376, 377, 378, 379A, 379B, 380A, 380B, 381A, 381B, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468 VTD: 0002 MILL CREEK (Part) Tract: 9201. Block(s): 130, 131, 132, 133, 135, 136, 139, 140, 141, 142, 143, 144, 171, 172, 173, 174, 179, 180, 183, 184, 353, 367, 368, 369, 372B, 373 Commissioner District: 2 BRYAN COUNTY VTD: 0002 MILL CREEK (Part) Tract: 9201. Block(s): 125, 134, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161,
Page 4843
162, 163, 164, 165, 166, 167, 168, 169, 170, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 370, 371 VTD: 0007 BLITCHTON Commissioner District: 3 BRYAN COUNTY VTD: 0003 RICHMOND HILL (Part) Tract: 9203. Block(s): 101, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 115C, 116, 117, 118, 119A, 119B, 120A, 120B, 121, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 137, 138A, 138B, 139, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 160A, 164, 165, 166, 167, 174, 176, 177, 189, 233A VTD: 0004 TWENTH WEST (Part) Tract: 9203. Block(s): 135B, 136, 178, 179, 180, 181A, 181B, 182, 183, 184, 185, 186, 187, 188, 190, 191, 192, 193, 194, 195, 196, 197, 213, 214, 215, 216, 217, 218, 219, 223, 224, 225, 226, 227, 228, 229, 230, 231, 233B, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251 VTD: 0006 FORT STEWART Commissioner District: 4 BRYAN COUNTY VTD: 0003 RICHMOND HILL (Part) Tract: 9203. Block(s): 122, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160B, 161, 162, 163, 168, 169, 173, 175, 211, 212 VTD: 0005 FORT MCALLISTER For purposes of this subsection:
Page 4844
(1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) 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 map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of Bryan County which is not included in any commissioner district described in this subsection shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of Bryan County which is described in this subsection as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least
Page 4845
population according to the United States decennial census of 1990 for the State of Georgia. (c) For the purpose of electing the members of the board of commissioners, there shall be two commissioner posts on the board in addition to the four commissioner districts provided for in subsection (b) of this section. The members elected to Commissioner Posts 1 and 2 shall be the chairman and vice-chairman of the board, respectively, and shall be elected from the county at large by the qualified voters of the entire county. The member elected from Commissioner District 1 shall be a resident of said commissioner district and shall be elected by the qualified voters residing within Commissioner District 1. The member elected from Commissioner District 2 shall be a resident of said commissioner district and shall be elected by the qualified voters residing within Commissioner District 2. The member elected from Commissioner District 3 shall be a resident of said commissioner district and shall be elected by the qualified voters residing within Commissioner District 3. The member elected from Commissioner District 4 shall be a resident of said commissioner district and shall be elected by the qualified voters residing within Commissioner District 4. Candidates for election to the board shall designate the commissioner district or numbered post on the board for which they offer as a candidate. (d) The initial members of the board to be elected under the provisions of this Act shall be elected as follows: (1) The chairman, Commissioner Post 1, shall be elected in the general election of November, 1992, and shall take office January 1, 1993. The first elected chairman shall serve for an initial term of office of four years and until his or her respective successor is duly elected and qualified; (2) The vice-chairman, Commissioner Post 2, shall be elected in the general election of November, 1994, and shall take office January 1, 1995. The first elected vice-chairman shall serve for an initial term of office of four
Page 4846
years and until his or her respective successor is duly elected and qualified; (3) The District 1 Commissioner shall be elected in the general election of November, 1992, and shall take office January 1, 1993. The first elected District 1 Commissioner shall serve for an initial term of office of four years and until his or her respective successor is duly elected and qualified; (4) The District 2 Commissioner shall be elected in the general election of November, 1994, and shall take office January 1, 1995. The first elected District 2 Commissioner shall serve for an initial term of office of four years and until his or her respective successor is duly elected and qualified; (5) The District 3 Commissioner shall be elected in the general election of November, 1992, and shall take office January 1, 1993. The first elected District 3 Commissioner shall serve for an initial term of office of four years and until his or her respective successor is duly elected and qualified; and (6) The District 4 Commissioner shall be elected in the general election of November, 1992, and shall take office January 1, 1993. The first elected District 4 Commissioner shall serve for an initial term of office of two years and until his or her respective successor is duly elected and qualified. Following the initial terms of office provided in this Act, all members shall be elected in the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January immediately following their election for terms of office of four years and until their respective successors are duly elected and qualified. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Bryan County to submit this
Page 4847
Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3 . This Act shall become effective if approved by the United States Attorney General and if the qualified electors of Bryan County reject, in a local referendum, HB 1370, which provides for commissioner districts and posts of Bryan County and which terminates the present term of office of the vice chairman of the Bryan County Board of Commissioners on December 31, 1992. If HB 1370 is ratified by the qualified electors of Bryan County, then as of such date this Act shall be void and repealed. 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 1992 session of the General Assembly of Georgia a bill to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, approved March 22, 1941 (Ga. L.-1941, p. 765), as amended by an act approved April 12, 1982 (Ga. L. 1982, p. 4270); and for other purposes. This 24 day of January, 1992. RAY C. SMITH County Attorney for Bryan County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who, on oath, deposes and says that she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Richmond
Page 4848
Hill-Bryan County News, which is the official organ of Bryan County, on the following date: January 29, 1992. /s/ Ann R. Purcell Representative, 129th District Sworn to and subscribed before me, this 13th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 28, 1992. BUTTS COUNTYBOARD OF EDUCATION; DISTRICTS; TERMS. No. 642 (House Bill No. 1393). AN ACT To amend an Act providing for the election of the members of the Board of Education of Butts County, approved March 30, 1987 (Ga. L. 1987, p. 4919), as amended, so as to reapportion the education districts for the election of members of the board of education; to repeal obsolete provisions; to provide that current members of the board shall serve for the remainder of the terms to which they were elected; to provide for elections; to provide procedures; to provide for the submission of this Act to the United States Attorney General; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Page 4849
Section 1 . An Act providing for the election of the members of the Board of Education of Butts County, approved March 30, 1987 (Ga. L. 1987, p. 4919), 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. The Butts County Board of Education shall consist of five members. All future elections for the five members shall be conducted on the basis of single member districts, to be known as Education District No. 1, Education District No. 2, Education District No. 3, Education District No. 4, and Education District No. 5. Each such district is particularly described as follows: EDUCATION DISTRICT #1: Being located in the eastern portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Georgia Highway #36 intersects with the Butts County - Newton County Line. From this Point of Beginning southwest along Georgia Highway #36 until it intersects with Stark Road (County Road #289); thence east along Stark Road (County Road #289) until it intersects Yellow Water Creek; thence east along Yellow Water Creek until it intersects Halls Bridge Road (County Road #292); thence south along Halls Bridge Road (County Road #292) until it intersects with Higgins Road (County Road #301); thence south along Higgins Road (County Road #301), crossing Georgia Highway #16, and continuing south along Higgins Road (County Road #301) until it intersects with Georgia Highway #42; thence south along Georgia Highway #42 until it intersects with Cenie Road (County Road #139); thence east along Cenie Road (County Road #139) until it intersects with Beaty Road (County Road #139); thence east along Beaty Road (County Road #139) until it intersects with Georgia Highway #87; thence south along Georgia Highway #87 until it intersects with the Butts County - Monroe County Line; thence east and north along the Butts County Line to the Point of Beginning. EDUCATION DISTRICT #2: Being located in the southern portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where
Page 4850
Georgia Highway #87 intersects with the Butts County - Monroe County Line. From this Point of Beginning north along Georgia Highway #87 until it intersects Beaty Road (County Road #139); thence west along Beaty Road (County Road #139) until it intersects with Cenie Road (County Road #139); thence west along Cenie Road (County Road #139) until it intersects with Georgia Highway #42; thence north along Georgia Highway #42, crossing Georgia Highway #87, until it intersects with Higgins Road (County Road #301); thence north along Higgins Road (County Road #301), crossing Georgia Highway #16, and continuing north until it intersects with Halls Bridge Road (County Road #292); thence north along Halls Bridge Road (County Road #292) until it intersects with Yellow Water Creek; thence west along Yellow Water Creek until it intersects with Stark Road (County Road #289); thence southwest along Stark Road (County Road #289) until it intersects with Moore Road (County Road #85); thence east and south along Moore Road (County Road #85) until it intersects with Halls Bridge Road (County Road #292); thence south west along Halls Bridge Road (County Road #292) until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with Eighth Street in the City Limits of Jackson, Georgia; thence south along Eighth Street until it intersects with Georgia Highway #42; thence west along Georgia Highway #42 until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with East College Street; thence south and west along East College Street until it intersects with Georgia Highway #36 (Mulberry Street); thence south along Georgia Highway #36 (Mulberry Street) until it intersects with Brownlee Road (County Road #296); thence south along Brownlee Road (County Road #296) until it intersects with Co-Op Way; thence west along Co-Op Way until it intersects with Georgia Highway #36; thence south along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence south and west along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence south along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence south and east along the City Limits of Jackson, Georgia until it intersects with Aboothiacoosta Creek; thence east along
Page 4851
Aboothiacoosta Creek until it intersects with Brownlee Road (County Road #296); thence south along Brownlee Road (County Road #296) until it intersects with the Butts County - Monroe County Line; thence east along the Butts County - Monroe County Line to the Point of Beginning. EDUCATION DISTRICT #3: Being located in the southwestern portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Brownlee Road (County Road #296) intersects with the Butts County - Monroe County Line. From this Point of Beginning north along Brownlee Road (County Road #296) until it intersects with Aboothiacoosta Creek; thence west along Aboothiacoosta Creek until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence north along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence south, east and north along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Old Griffin Road (County Road #203); thence west along Old Griffin Road (County Road #203) until it intersects with Imogene Goff Road (County Road #207); thence north along Imogene Goff Road (County Road #207) until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with Old Griffin Road (County Road #203); thence north and west along Old Griffin Road (County Road #203) until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with the Butts County - Spalding County Line; thence south along the Butts County - Spalding County Line and thence east along the Butts County - Lamar County Line and the Butts County - Monroe County Line back to the Point of Beginning. EDUCATION DISTRICT #4: Being located in the central portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Georgia Highway #36 intersects with Stark Road (County Road #289). From this Point of Beginning northeast along Stark
Page 4852
Road (County Road #289) until it intersects with Moore Road (County Road #85); thence east along Moore Road (County Road #85) until it intersects with Halls Bridge Road (County Road #292); thence south along Halls Bridge Road (County Road #292) until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with Eighth Street in the City Limits of Jackson, Georgia; thence south along Eighth Street until it intersects with Georgia Highway #42; thence west along Georgia Highway #42 until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with East College Street; thence south and west along East College Street until it intersects with Georgia Highway #36 (Mulberry Street); thence south along Georgia Highway #36 (Mulberry Street) until it intersects with Brownlee Road (County Road #296); thence south along Brownlee Road (County Road #296) until it intersects with Co-Op Way; thence west along Co-Op Way until it intersects with Georgia Highway #36; thence south along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Old Griffin Road (County Road #203/Harkness Street); thence east along Old Griffin Road (County Road #203/Harkness Street) until it intersects with Wesley Drive; thence south along Wesley Drive until it intersects with Cedar Street; thence east along Cedar Street until it intersects with West College Street; thence east along West College Street until it intersects with Peachtree Street; thence north along Peachtree Street until it intersects with McDonough Road; thence north along McDonough Road until it intersects with Watson Creek; thence west along Watson Creek until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Paul Maddox Road (County Road #214); thence west along Paul Maddox Road until it intersects with the City Limits of Jackson, Georgia; thence north and east along the City Limits of Jackson, Georgia until it intersects with the Southern Railroad; thence southeast and east along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence north along Georgia Highway #36 back to the Point of Beginning.
Page 4853
EDUCATION DISTRICT #5: Being located in the northwestern portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Georgia Highway #16 intersects with the Butts County - Spalding County Line. From this Point of Beginning east along Georgia Highway #16 until it intersects with Old Griffin Highway (County Road #203); thence east along Old Griffin Road (County Road #203) until it intersects with Georgia Highway #16; thence east along Georgia Highway #16 until it intersects with Imogene Goff Road (County Road #207); thence south along Imogene Goff Road (County Road #207) until it intersects with Old Griffin Road (County Road #203); thence east along Old Griffin Road (County Road #203/Harkness Street) until it intersects with Wesley Drive within the City Limits of Jackson, Georgia; thence south along Wesley Drive until it intersects with Cedar Street; thence east along Cedar Street until it intersects with West College Street; thence east along West College Street until it intersects with Peachtree Street; thence north along Peachtree Street until it intersects with McDonough Road; thence north along McDonough Road until it intersects with Watson Creek; thence west along Watson Creek until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Paul Maddox Road (County Road #214); thence west along Paul Maddox Road (County Road #214) until it intersects with the City Limits of Jackson, Georgia; thence north and east along the City Limits of Jackson, Georgia until it intersects with the Southern Railroad; thence southeast and east along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence north along Georgia Highway #36 until it intersects with the Butts County - Newton County Line; thence north and west along the Butts County - Newton County Line and south and west along the Butts County - Henry County Line and the Butts County - Spalding County Line back to the Point of Beginning. Section 2 . Said Act is further amended by repealing Section 3 of said Act, which reads as follows:
Page 4854
Section 3. (a) A. T. Presley shall continue to hold the office in which he was serving on July 1, 1987, until December 31, 1988, and until the initial member from Education District No. 5 is elected and qualified as provided for in Section 4 of this Act. (b) Dr. Tom O'Dell shall not continue to hold the office in which he was serving on July 1, 1987, until the expiration of his term of office on March 31, 1989. He shall continue to hold such office only until December 31, 1988, and until the initial member from Education District No. 3 is elected and qualified as provided for in Section 4 of this Act. (c) The other three members of the board in office on July 1, 1987, shall not continue to hold office until the expiration of their respective terms of office. They shall continue to hold office only until December 31, 1990, and until the initial members from Education Districts No. 1, 2, and 4 are elected and qualified as provided for in Section 4 of this Act., in its entirety. Section 3 . Said Act is further amended by striking subsection (a) of Section 4 of said Act and inserting in lieu thereof a new subsection (a) to read as follows: (a) The members of the board in office on February 1, 1992, shall serve for the remainder of the unexpired terms to which they were elected. At the November general election in 1992, successors shall be elected from Education Districts Nos. 3 and 5 to succeed the members from former Education Districts Nos. 3 and 5 whose terms expire on December 31, 1992. Such members shall take office on January 1, 1993, for terms of four years and until their successors are duly elected and qualified. At the November general election in 1994, successors shall be elected from Education Districts Nos. 1, 2, and 4 to succeed the members from former Education Districts Nos. 1, 2, and 4 whose terms expire on December 31, 1994. Such members shall take office on January 1, 1995, and until their successors are duly elected and qualified.
Page 4855
Section 4 . (a) It shall be the duty of the attorney of the Board of Education of Butts County to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965, as amended; and it shall be the duty of the Board of Education of Butts County to direct and ensure that such submission is made by the board's attorney or some other attorney if the board's attorney fails to act. It shall be the duty of the board of education and the board's attorney to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or until it becomes law without such approval and to ensure that such submission contains all materials necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General. (b) If, as of the first date upon which candidates may begin qualifying for nomination in the primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 session of the General Assembly of Georgia a bill to amend an Act providing for the election of the members of the Butts County Board of Education, approved March 30, 1987 (Ga. L. 1987, p. 4919), as amended; and for other purposes. This 13th day of January, 1992. 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
Page 4856
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 15, 1992. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 2, 1992. BUTTS COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 643 (House Bill No. 1409). 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, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5400), so as to reapportion the commissioner districts for the election of members of the board of commissioners; to provide for members of the board and their terms of office; to provide for procedures; to provide for the submission of this Act to the United States Attorney General; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes.
Page 4857
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, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5400), is amended by striking subsection (d) of Section 3A of said Act and inserting in lieu thereof a new subsection (d) to read as follows: (d) (1) On and after February 1, 1992, elections for the board of commissioners shall be conducted on the basis of five single-member districts to be known as Commissioner District #1, Commissioner District #2, Commissioner District #3, Commissioner District #4, and Commissioner District #5. Each such district is particularly described as follows: COMMISSIONER DISTRICT #1: Being located in the eastern portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Georgia Highway #36 intersects with the Butts County -Newton County Line. From this Point of Beginning southwest along Georgia Highway #36 until it intersects with Stark Road (County Road #289); thence east along Stark Road (County Road #289) until it intersects Yellow Water Creek; thence east along Yellow Water Creek until it intersects Halls Bridge Road (County Road #292); thence south along Halls Bridge Road (County Road #292) until it intersects with Higgins Road (County Road #301); thence south along Higgins Road (County Road #301), crossing Georgia Highway #16, and continuing south along Higgins Road (County Road #301) until it intersects with Georgia Highway #42; thence south along Georgia Highway #42 until it intersects with Cenie Road (County Road #139); thence east along Cenie Road (County Road #139) until it intersects with Beaty Road (County Road #139); thence east along Beaty Road (County Road #139) until it intersects with Georgia Highway #87; thence south along Georgia Highway #87 until it intersects with the Butts County -
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Monroe County Line; thence east and north along the Butts County Line to the Point of Beginning. COMMISSIONER DISTRICT #2: Being located in the southern portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Georgia Highway #87 intersects with the Butts County -Monroe County Line. From this Point of Beginning north along Georgia Highway #87 until it intersects Beaty Road (County Road #139); thence west along Beaty Road (County Road #139) until it intersects with Cenie Road (County Road #139); thence west along Cenie Road (County Road #139) until it intersects with Georgia Highway #42; thence north along Georgia Highway #42, crossing Georgia Highway #87, until it intersects with Higgins Road (County Road #301); thence north along Higgins Road (County Road #301), crossing Georgia Highway #16, and continuing north until it intersects with Halls Bridge Road (County Road #292); thence north along Halls Bridge Road (County Road #292) until it intersects with Yellow Water Creek; thence west along Yellow Water Creek until it intersects with Stark Road (County Road #289); thence southwest along Stark Road (County Road #289) until it intersects with Moore Road (County Road #85); thence east and south along Moore Road (County Road #85) until it intersects with Halls Bridge Road (County Road #292); thence south west along Halls Bridge Road (County Road #292) until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with Eighth Street in the City Limits of Jackson, Georgia; thence south along Eighth Street until it intersects with Georgia Highway #42; thence west along Georgia Highway #42 until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with East College Street; thence south and west along East College Street until it intersects with Georgia Highway #36 (Mulberry Street); thence south along Georgia Highway #36 (Mulberry Street) until it intersects with Brownlee Road (County Road #296); thence south along Brownlee Road (County Road #296) until it intersects with Co-Op Way; thence west along Co-Op
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Way until it intersects with Georgia Highway #36; thence south along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence south and west along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence south along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence south and east along the City Limits of Jackson, Georgia until it intersects with Aboothiacoosta Creek; thence east along Aboothiacoosta Creek until it intersects with Brownlee Road (County Road #296); thence south along Brownlee Road (County Road #296) until it intersects with the Butts County - Monroe County Line; thence east along the Butts County - Monroe County Line to the Point of Beginning. COMMISSIONER DISTRICT #3: Being located in the southwestern portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Brownlee Road (County Road #296) intersects with the Butts County - Monroe County Line. From this Point of Beginning north along Brownlee Road (County Road #296) until it intersects with Aboothiacoosta Creek; thence west along Aboothiacoosta Creek until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence north along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence south, east and north along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Old Griffin Road (County Road #203); thence west along Old Griffin Road (County Road #203) until it intersects with Imogene Goff Road (County Road #207); thence north along Imogene Goff Road (County Road #207) until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with Old Griffin Road (County Road #203); thence north and west along Old Griffin Road (County Road #203) until it intersects with Georgia
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Highway #16; thence west along Georgia Highway #16 until it intersects with the Butts County - Spalding County Line; thence south along the Butts County - Spalding County Line and thence east along the Butts County - Lamar County Line and the Butts County - Monroe County Line back to the Point of Beginning. COMMISSIONER DISTRICT #4: Being located in the central portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Georgia Highway #36 intersects with Stark Road (County Road #289). From this Point of Beginning northeast along Stark Road (County Road #289) until it intersects with Moore Road (County Road #85); thence east along Moore Road (County Road #85) until it intersects with Halls Bridge Road (County Road #292); thence south along Halls Bridge Road (County Road #292) until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with Eighth Street in the City Limits of Jackson, Georgia; thence south along Eighth Street until it intersects with Georgia Highway #42; thence west along Georgia Highway #42 until it intersects with Georgia Highway #16; thence west along Georgia Highway #16 until it intersects with East College Street; thence south and west along East College Street; thence south and west along East College Street until it intersects with Georgia Highway #36 (Mulberry Street); thence south along Georgia Highway #36 (Mulberry Street) until it intersects with Brownlee Road (County Road #296); thence south along Brownlee Road (County Road #296) until it intersects with Co-Op Way; thence west along Co-Op Way until it intersects with Georgia Highway #36; thence south along Georgia Highway #36 until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Old Griffin Road (County Road #203/Harkness Street); thence east along Old Griffin Road (County Road #203/Harkness Street) until it intersects with Wesley Drive; thence south along Wesley Drive until it intersects with Cedar Street; thence east along Cedar Street until it intersects with West College Street; thence east along West College Street until it intersects
Page 4861
with Peachtree Street; thence north along Peachtree Street until it intersects with McDonough Road; thence north along McDonough Road until it intersects with Watson Creek; thence west along Watson Creek until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Paul Maddox Road (County Road #214); thence west along Paul Maddox Road until it intersects with the City Limits of Jackson, Georgia; thence north and east along the City Limits of Jackson, Georgia until it intersects with the Southern Railroad; thence southeast and east along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence north along Georgia Highway #36 back to the Point of Beginning. COMMISSIONER DISTRICT #5: Being located in the northwestern portion of Butts County, Georgia, and being bounded as follows: The Point of Beginning shall be where Georgia Highway #16 intersects with the Butts County - Spalding County Line. From this Point of Beginning east along Georgia Highway #16 until it intersects with Old Griffin Highway (County Road #203); thence east along Old Griffin Road (County Road #203) until it intersects with Georgia Highway #16; thence east along Georgia Highway #16 until it intersects with Imogene Goff Road (County Road #207); thence south along Imogene Goff Road (County Road #207) until it intersects with Old Griffin Road (County Road #203); thence east along Old Griffin Road (County Road #203/Harkness Street) until it intersects with Wesley Drive within the City Limits of Jackson, Georgia; thence south along Wesley Drive until it intersects with Cedar Street; thence east along Cedar Street until it intersects with West College Street; thence east along West College Street until it intersects with Peachtree Street; thence north along Peachtree Street until it intersects with McDonough Road; thence north along McDonough Road until it intersects with Watson Creek; thence west along Watson Creek until it intersects with the City Limits of Jackson, Georgia; thence west and north along the City Limits of Jackson, Georgia until it intersects with Paul
Page 4862
Maddox Road (County Road #214); thence west along Paul Maddox Road (County Road #214) until it intersects with the City Limits of Jackson, Georgia; thence north and east along the City Limits of Jackson, Georgia until it intersects with the Southern Railroad; thence southeast and east along the City Limits of Jackson, Georgia until it intersects with Georgia Highway #36; thence north along Georgia Highway #36 until it intersects with the Butts County - Newton County Line; thence north and west along the Butts County - Newton County Line and south and west along the Butts County - Henry County Line and the Butts County - Spalding County Line back to the Point of Beginning. (2) All members of the board of commissioners in office on February 1, 1992, shall serve for the remainder of the unexpired terms for which they were elected. A successor to each such member shall be elected as provided in this section in the November general election immediately preceding the expiration of a term of office, and the person so elected shall take office on January 1 following the election for a term specified in this section. Section 2 . (a) It shall be the duty of the attorney of the Board of Commissioners of Butts County to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965, as amended; and it shall be the duty of the Board of Commissioners of Butts County to direct and ensure that such submission is made by the board's attorney or some other attorney if the board's attorney fails to act. It shall be the duty of the board of commissioners and the board's attorney to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or until it becomes law without such approval and to ensure that such submission contains all materials necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General. (b) If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights
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Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 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. This 13th day of January, 1992. 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 15, 1992. /s/ Larry Smith Representative, 78th District
Page 4864
Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 2, 1992. HEARD COUNTYBOARD OF EDUCATION; DISTRICTS. No. 647 (House Bill No. 1427). AN ACT To amend an Act providing for election of members of the Heard County Board of Education and related matters, approved March 28, 1985 (Ga. L. 1985, p. 5078), so as to reapportion the education districts; to provide that members serving on the board on the effective date of this Act shall complete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for election of members of the Heard County Board of Education and related matters, approved March 28, 1985 (Ga. L. 1985, p. 5078), is amended by striking Section 1 in its entirety and inserting a new section to read as follows: Section 1. (a) The Board of Education of Heard County shall be composed of five members. For the purpose
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of electing members of the board, the Heard County school district shall be divided into five education districts described as follows: Education District No. 1 shall consist of the following portion of the Heard County School District: Beginning at the northeast corner of Heard County where the Chattahoochee River and the Heard County line intersect and thence running in a southwesterly direction along the meanderings of the eastern bank of the Chattahoochee River to its point of intersection with the meanderings of Hilly Mill Creek; thence running in an easterly direction to said creek's intersection with Hilley's Mill Road, also known as Enon Grove Road; thence running in a southeasterly direction down Hilley's Mill Road to its intersection with State Highway 34; thence running in a southwesterly direction to said highway's intersection with the meanderings of Lumpkin Creek; thence running southeasterly down the meanderings of Lumpkin Creek to a point where said creek intersects with a power line easement; thence running in a northeasterly direction up said power line easement to a point where said easement intersects Pea Ridge Road; thence running in a northeasterly direction down Pea Ridge Road to a point where Pea Ridge Road intersects Thompson Road; thence running in a southerly direction to a point where Thompson Road intersects with State Highway 100; thence running in a northwesterly direction on State Highway 100 and U.S. Highway 27 to a point where Pike Road intersects said highway; thence running in a southerly direction down Pike Road to its intersection with the eastern shore of West Point lake; thence running in a southerly direction along the meanderings of the eastern shore of West Point lake to a point where said lake intersects with the southern county line; thence running in a northeasterly direction along the county line to the eastern corner of the county line; thence running from the eastern corner of the county line in a northerly direction to the point of beginning.
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Education District No. 2 shall consist of the following portion of the Heard County School District: Beginning at the northeast corner of Heard County where the Chattachoochee River and the Heard County line intersect and thence running in a southwesterly direction along the meanderings of the western shore of the Chattachoochee River to a point where said river and the Transcontinental Pipeline easement intersect; thence running in a westerly direction to a point where said easement intersects with the U.S. Highway 27; thence running in a northerly direction of said U.S. Highway 27 to a point where said highway and Centralhatchee Creek intersect; thence running in a northerly direction up the meanderings of Centralhatchee Creek to a point where said creek intersects Deer Creek; thence running in a northeasterly direction to a point where Deer Creek intersects Spradlin Road; thence running from said point in a northeasterly direction to a point where Spradlin Road intersects Notnomis Road; thence running in a northwesterly direction to a point where Notnomis Road intersects Roosterville Road; thence running in a northerly direction up Roosterville Road to a point where Roosterville Road intersects Gum Creek Airport Road; thence running in a northeasterly direction up Gum Creek Airport Road to a point where said road is intersected by Gum Creek Road; thence running in a northerly direction along Gum Creek Road to a point where Gum Creek Road intersects the county line; thence running along the county line in an easterly direction to the point of beginning. Education District No. 3 shall consist of the following portion of the Heard County School District: Begin at a point where Gum Creek Road intersects the Heard County boundary line and thence running in a southerly direction on Gum Creek Road to its point of intersection of Gum Creek Airport Road; thence running in a southwesterly direction on Gum Creek Airport Road to its point of intersection with Roosterville Road; thence running in a southerly direction than southeasterly direction
Page 4867
on Roosterville Road to its point of intersection with Notnomis Road; thence running in a southeasterly direction on Notnomis Road to its point of intersection with Spradlin Road; thence running in a southwesterly direction on Spradlin Road to its point of intersection with the meanderings of Deer Creek; thence running in a southeasterly direction on the meanderings of Deer Creek to its point of intersection with Centralhatchee Creek; thence running in a southwesterly direction down Centralhatchee Creek to its point of intersection with Little Taylor Creek; thence running in a northwesterly direction on the meanderings of Little Taylor Creek to a point where Little Taylor Creek intersects an unnamed road; thence in a westerly direction along said road to the point of intersection with State Highway 100; thence running in a southerly direction on State Highway 100 to its point of intersection with Salem Road; thence running in a southwesterly direction on Salem Road to its point of intersection with Frolona Road; thence running in a northwesterly direction on Frolona Road to its point of intersection with Fabiano Road; thence running in a southerly direction on Fabiano Road to its point of intersection with Wendy Hill Road; thence running in a southwesterly direction on Wendy Hill Road to its point of intersection with Flat Branch Road; thence running in a northwesterly direction on Flat Branch Road to its intersection with Town Creek Road; thence running in a southwesterly direction on Town Creek Road to its point of intersection with the county boundary line; thence running in a northerly direction and then easterly direction on the county boundary to the point of beginning. Education District No. 4 shall consist of the following portion of the Heard County School District: Begin at a point where U.S. Highway 27 intersects the Transcontinental Pipeline easement and from said point run in a southwesterly direction to a point where U.S. Highway 27 intersects the Franklin city limits; thence running in a southwesterly direction on the Franklin city limit boundary to its point of intersection with State Highway 100; thence running in a northwesterly direction
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on Highway 100 to its point of intersection with Red Land Road; thence running in a southwesterly direction on Red Land Road to its point of intersection with the meanderings of Hillabahatchee Creek; thence running in a southerly direction on Hillabahatchee Creek to its point of intersection with an unnamed branch; thence running along the meanderings of an unnamed branch in a southerly direction to its intersection with State Highway 34; thence running easterly on Highway 34 to its intersection with Jeff Davis Road; thence running in a southerly direction on Jeff Davis Road to its point of intersection with Nelms Road; thence running in a southwesterly direction on Nelms Road to its point of intersection with Mt. Pleasant Road; thence running in a southeasterly direction along Mt. Pleasant Road to its intersection with Boggus Road; thence running in a southerly direction on Boggus Road to its intersection with Ridge Road; thence running in a southerly direction on Ridge Road to its intersection with Bevis Road; thence running in a southerly direction on Bevis Road to its point of intersection with Brush Creek; thence running in an easterly direction along the meanderings of Brush Creek to its intersection with the western shore of West Point Lake; thence running in an easterly than northerly direction along the meanderings of the western shore of West Point lake to its most northern point where said lake is intersected by the meanderings of an unnamed branch; thence running in a southerly direction on the eastern shore of West Point Lake to its intersection with Pike Road; thence running in an easterly and then northerly direction on Pike Road to its intersection with U.S. Highway 27; thence running in a southeasterly direction on U.S. Highway 27 to its intersection with Thompson Road; thence running in a northerly direction on Thompson Road to its point of intersection with Pea Ridge Road; thence running in a southwesterly direction on Pea Ridge Road to its point of intersection with a power line easement; thence running in a southwesterly direction on said power line easement to its point of intersection with Lumpkin Creek; thence running in a northwesterly direction on Lumpkin Creek to its intersection with State Highway 34, thence running in a
Page 4869
northeasterly direction on State Highway 34 to its point of intersection with Hilley's Mill Road also known as Enon Grove Road; thence running in a northwesterly direction on Hilley's Mill Road to its point of intersection with Hilley's Mill Creek; thence running in a northwesterly direction on the meanderings of Hilley's Mill Creek to its intersection with the Chattachoochee River; thence running in a southwesterly direction on the meanderings of the eastern shore of the Chattachoochee River to its intersection with the Transcontinental Pipeline easement in a southwesterly direction to the point of beginning. Education District No. 5 shall consist of the following portion of the Heard County School District: Begin at a point where Town Creek Road and the County boundary intersect and thence running in a northeasterly direction on Town Creek Road to its point of intersection with Flat Branch Road; thence running in a southeasterly direction on Flat Branch Road to its point of intersection with Wendy Hill Road; thence running in a northeasterly direction on Wendy Hill Road to its point of intersection with Fabiano Road; thence running in a northerly direction on Fabiano Road to its point of intersection with Frolona Road; thence running in a easterly direction on Frolona Road to its point of intersection with Salem Road; thence running in a northeasterly direction on Salem Road to its point of intersection with State Highway 100; thence running in a northwesterly direction on State Highway 100 to its point of intersection with an unnamed road; thence in an easterly direction along said road to its point of intersection with Little Taylor Creek; thence running in an easterly and then southeasterly direction along the meanderings of Little Taylor Creek to its point of intersection with Centralhatchee Creek; thence running in a southeasterly direction along the meanderings of Centralhatchee Creek to its point of intersection with U.S. Highway 27; thence running in a southerly direction on U.S. Highway 27 to its point of intersection with the Franklin city limits; thence running in a southwesterly direction on the Franklin city limit boundary to its point of intersection with State Highway
Page 4870
100; thence running in a northwesterly direction on Highway 100 to its point of intersection with Red Land Road; thence running in a southwesterly direction on Red Land Road to its point of intersection with the meanderings of Hillabahatchee Creek; thence running in a southerly direction on Hillabahatchee Creek to its point of intersection withan unnamed branch; thence running along the meanderings of an unnamed branch in a southerly direction to its intersection with State Highway 34; thence running easterly on Highway 34 to its intersection with Jeff Davis Road; thence running in a southerly direction on Jeff Davis Road to its point of intersection with Nelms Road; thence running in a southwesterly direction on Nelms Road to its point of intersection with Mt. Pleasant Road; thence running in a southeasterly direction along Mt. Pleasant Road to its intersection with Boggus Road; thence running in a southerly direction on Boggus Road to its intersection with Ridge Road; thence running in a southerly direction on Ridge Road to its intersection with Bevis Road; thence running in a southerly direction on Bevis Road to its point of intersection with Brush Creek; thence running in an easterly direction along the meanderings of Brush Creek to its intersection with the western shore of West Point Lake; thence running in a northerly direction along the meanderings of the western shore of West Point Lake to its most northern point where said lake is intersected by the meanderings of an unnamed branch; thence running back down the centerline of West Point Lake to its point of intersection with the Heard County boundary line; thence running in a southwesterly direction along the Heard County line and thence running in a northerly direction along the Heard County line to the point of beginning. (b) Any part of Heard County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Any part of Heard County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such
Page 4871
part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Said Act is further amended by striking Section 3 of said Act in its entirety and inserting a new section to read as follows: Section 3. (a) Notwithstanding those changes in descriptions of education districts which become effective at the same time this section becomes effective, members on the board on the date this Act becomes effective shall serve the term for which they were elected and until their successors are elected and qualified. (b) Effective on January 1, 1993, the members of the board representing Education Districts 1, 3, and 5 in accordance with the education districts which become effective in 1993 shall be the former members of the board of education representing Education Districts 1, 3, and 5 who were elected at the general election in 1990 under previously existing provisions of this Act, and said members of the board of education so elected shall serve for the terms of office to which they were elected, which shall expire December 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and shall take office on January 1, 1995, for terms of four years and until their successors are elected and qualified. (c) The members representing Education District 2 and 4 shall be elected at the general election of 1992 and shall take office on January 1, 1993, for terms of four years and until their successors are elected and qualified. (d) Successors to the members elected under subsections (b) and (c) and future successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of
Page 4872
four years and until their successors are elected and qualified. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Heard County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4 . Except for the provisions of this Act relating to and necessary for the election of the members of the board of education of Heard County in 1992, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of education shall become effective upon its approval by the Governor or upon its becoming law without such approval. Notwithstanding any other provision of this section, 1992 elections for the Heard County Board of Education shall be held in accordance with the districts contained in this Act. 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 1992 session of the General Assembly of Georgia a bill to amend an Act (Ga. L. 1985, Vol. II, p. 5078 et seq.) of the Heard County Board of Education to change the boundaries of the County's five education districts. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dock H. Davis, who, on oath, deposes and says that he is Representative from the 77th
Page 4873
District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Banner, which is the official organ of Heard County, on the following date: January 22, 1992. /s/ Dock H. Davis Representative, 77th District Sworn to and subscribed before me, this 30th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 12, 1992. MADISON COUNTYBOARD OF COMMISSIONERS; DISTRICTS; CHAIRMAN'S VOTE. No. 648 (House Bill No. 1887). AN ACT To amend an Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, particularly by an Act approved February 15, 1988 (Ga. L. 1988, p. 4692), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide that the chairman of the board of commissioners shall vote on all matters; to provide for submission of this Act to the U.S. Attorney General for approval and conditions for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Page 4874
Section 1 . An Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, particularly by an Act approved February 15, 1988 (Ga. L. 1988, p. 4692), is amended by striking in their entireties Section 2 and Section 7 and inserting in lieu thereof, respectively, the following: Section 2 . (a) For the purpose of electing members of the board of commissioners, Madison County is divided into five commissioner districts as follows: Commissioner District: 1 MADISON COUNTY VTD: 0005 COLBERT (Part) Tract: 0202. Block(s): 483 Tract: 0205. Block(s): 501, 502, 509, 510, 511, 512, 513, 514, 515, 516, 517, 530 VTD: 0020 DANIELSVILLE (Part) Tract: 0202. Block(s): 409, 426, 427, 428B, 431B, 481 VTD: 0035 HULL (Part) Tract: 0205. Block(s): 111, 112, 113, 507, 508, 518, 519, 520, 521, 528, 529, 531, 532, 533, 534, 535, 536, 537, 538, 542, 543, 544, 545, 550, 551, 552, 553, 620, 621, 622, 642 VTD: 0040 ILA (Part) Tract: 0201. Block(s): 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 421, 422, 423, 424, 425, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486 VTD: 0055 PITTMAN Commissioner District: 2 MADISON COUNTY VTD: 0020 DANIELSVILLE (Part) Tract: 0202.
Page 4875
Block(s): 312, 315, 316, 352 VTD: 0030 HARRISON VTD: 0040 ILA (Part) Tract: 0201. Block(s): 318, 320, 321, 322, 323, 324, 325, 326, 327, 353, 358, 359, 360, 361, 402, 403, 404, 405, 406, 407, 408, 409, 420, 426, 427, 428, 429, 430A, 430B, 431, 432A, 432B, 433A, 433B, 434, 435A, 435B, 435C, 442A, 442B, 443A, 443B, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453A, 453B, 454, 455, 493, 494, 495, 496, 497 VTD: 0045 MILL (Part) Tract: 0201. Block(s): 343 Tract: 0202. Block(s): 308, 309, 310, 311, 319, 320, 321, 322, 323, 381 Tract: 0206. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 267, 268, 269 VTD: 0060 POCA Commissioner District: 3 MADISON COUNTY VTD: 0005 COLBERT (Part) Tract: 0204. Block(s): 201, 202, 203, 212, 213, 215, 427, 428, 429, 433, 434, 435, 436, 437, 438, 439, 440B, 447B, 448B, 449B, 482B, 485, 486, 487, 488, 489, 490, 491, 492 Tract: 0205. Block(s): 102 VTD: 0035 HULL (Part) Tract: 0204. Block(s): 204, 205A, 205B, 206A, 206B, 207, 208, 209A, 209B, 210, 211, 214, 216, 217, 218A, 218B,
Page 4876
219A, 219B, 220, 221, 222A, 222B, 223, 224, 225, 226A, 226B, 227A, 227B, 228 Tract: 0205. Block(s): 101, 103, 106, 108, 109, 110, 114, 115, 116, 117, 120, 121, 122, 123, 124, 125, 126, 127, 128, 539, 540, 541, 548, 549, 641, 643 Commissioner District: 4 MADISON COUNTY VTD: 0005 COLBERT (Part) Tract: 0204. Block(s): 401, 402, 403, 410, 413 VTD: 0010 COLLINS VTD: 0020 DANIELSVILLE (Part) Tract: 0201. Block(s): 441, 458, 459, 460, 461, 462, 463, 464, 465, 466, 501, 502, 503, 518, 519, 520, 521 Tract: 0202. Block(s): 317, 340, 342, 343, 346, 347, 348, 349, 350, 351, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 401, 402, 403, 404, 405A, 405B, 406A, 406B, 407, 408, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 428A, 429A, 429B, 430, 431A, 432A, 432B, 433, 434, 435, 436, 437, 438A, 438B, 439, 440A, 440B, 441A, 441B, 442, 443, 444, 445A, 445B, 445C, 445D, 446, 447A, 447B, 447C, 448, 449, 450, 451, 452, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478A, 478B, 479A, 479B, 480, 482, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495 Tract: 0203. Block(s): 108, 109, 110, 159, 160, 161 VTD: 0040 ILA (Part) Tract: 0201. Block(s): 456, 457, 467, 468 VTD: 0045 MILL (Part) Tract: 0202. Block(s): 301, 302, 303, 304, 305, 306, 307, 318, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 337,
Page 4877
338, 339, 341, 344, 345, 364, 365, 366, 367, 368, 369, 372 Tract: 0206. Block(s): 250, 251, 252, 253, 265, 266 VTD: 0050 PAOLI (Part) Tract: 0203. Block(s): 107, 214, 224, 225, 226, 237 Commissioner District: 5 MADISON COUNTY VTD: 0005 COLBERT (Part) Tract: 0203. Block(s): 153B, 155B, 157A, 158, 162, 163 Tract: 0204. Block(s): 404, 405, 406, 407, 408, 409, 411, 412, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422, 423, 424A, 424B, 425A, 425B, 425C, 426, 430, 431, 432, 440A, 441, 442, 443, 444, 445, 446, 447A, 448A, 449A, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464A, 464B, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475A, 475B, 476, 477, 478, 479, 480A, 480B, 480C, 480D, 481, 482A, 483, 484, 493, 494, 495, 496, 497 VTD: 0015 COMER VTD: 0025 FORK VTD: 0035 HULL (Part) Tract: 0205. Block(s): 104, 105, 107, 118, 119, 546, 547 VTD: 0050 PAOLI (Part) Tract: 0203. Block(s): 101, 102, 103, 104, 105, 106, 238, 239, 240, 259, 260, 261, 262, 263, 264, 265 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
Page 4878
(2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Madison County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Madison County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 7. Three members of the board, not including the chairman, shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members. A majority vote of the entire board will control the determination of all policies on the board. All members of the board shall be required to vote on all questions coming before the board unless he or they or any of them shall be disqualified to vote thereon because of conflict of interest or other legal reason. The chairman shall be the executive administrator of all policies of the board and shall vote
Page 4879
on all questions coming before the board, unless he shall be disqualified to vote thereon because of conflict of interest or other legal reason. The chairman shall have authority, with the concurrence and approval of a majority of the members of the board, to employ all personnel and county employees and such clerical help as is necessary, in his judgment, to conduct the affairs of the office properly and at such salaries as he may deem proper. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Madison County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended; and for other purposes. This 15th day of January, 1992. Louie M. Clark GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie M. Clark, who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Danielsville
Page 4880
Monitor, which is the official organ of Madison County, on the following date: January 24, 1992. /s/ Louie M. Clark Representative, 13th District Sworn to and subscribed before me, this 24th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 12, 1992. MADISON COUNTYBOARD OF EDUCATION; DISTRICTS. No. 649 (House Bill No. 1888). AN ACT To amend an Act creating a board of education of Madison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), so as to provide new education districts; to provide definitions and inclusions; to provide for submission of this Act to the U.S. Attorney General for approval and conditions for 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 board of education of Madison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), is amended by striking in its entirety Section 3 and inserting in lieu thereof the following:
Page 4881
Section 3. (a) The Board of Education of Madison County shall be composed of five members. For the purpose of electing the members of the board of education, Madison County shall be divided into five districts as follows: Education District: 1 MADISON COUNTY VTD: 0005 COLBERT (Part) Tract: 0202. Block(s): 483 Tract: 0205. Block(s): 501, 502, 509, 510, 511, 512, 513, 514, 515, 516, 517, 530 VTD: 0020 DANIELSVILLE (Part) Tract: 0202. Block(s): 409, 426, 427, 428B, 431B, 481 VTD: 0035 HULL (Part) Tract: 0205. Block(s): 111, 112, 113, 507, 508, 518, 519, 520, 521, 528, 529, 531, 532, 533, 534, 535, 536, 537, 538, 542, 543, 544, 545, 550, 551, 552, 553, 620, 621, 622, 642 VTD: 0040 ILA (Part) Tract: 0201. Block(s): 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 421, 422, 423, 424, 425, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486 VTD: 0055 PITTMAN Education District: 2 MADISON COUNTY VTD: 0020 DANIELSVILLE (Part) Tract: 0202. Block(s): 312, 315, 316, 352 VTD: 0030 HARRISON VTD: 0040 ILA (Part) Tract: 0201. Block(s): 318, 320, 321, 322, 323, 324, 325, 326, 327, 353, 358, 359, 360, 361, 402, 403, 404, 405, 406,
Page 4882
407, 408, 409, 420, 426, 427, 428, 429, 430A, 430B, 431, 432A, 432B, 433A, 433B, 434, 435A, 435B, 435C, 442A, 442B, 443A, 443B, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453A, 453B, 454, 455, 493, 494, 495, 496, 497 VTD: 0045 MILL (Part) Tract: 0201. Block(s): 343 Tract: 0202. Block(s): 308, 309, 310, 311, 319, 320, 321, 322, 323, 381 Tract: 0206. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 267, 268, 269 VTD: 0060 POCA Education District: 3 MADISON COUNTY VTD: 0005 COLBERT (Part) Tract: 0204. Block(s): 201, 202, 203, 212, 213, 215, 427, 428, 429, 433, 434, 435, 436, 437, 438, 439, 440B, 447B, 448B, 449B, 482B, 485, 486, 487, 488, 489, 490, 491, 492 Tract: 0205. Block(s): 102 VTD: 0035 HULL (Part) Tract: 0204. Block(s): 204, 205A, 205B, 206A, 206B, 207, 208, 209A, 209B, 210, 211, 214, 216, 217, 218A, 218B, 219A, 219B, 220, 221, 222A, 222B, 223, 224, 225, 226A, 226B, 227A, 227B, 228 Tract: 0205. Block(s): 101, 103, 106, 108, 109, 110, 114, 115, 116, 117, 120, 121, 122, 123, 124, 125, 126, 127, 128, 539, 540, 541, 548, 549, 641, 643
Page 4883
Education District: 4 MADISON COUNTY VTD: 0005 COLBERT (Part) Tract: 0204. Block(s): 401, 402, 403, 410, 413 VTD: 0010 COLLINS VTD: 0020 DANIELSVILLE (Part) Tract: 0201. Block(s): 441, 458, 459, 460, 461, 462, 463, 464, 465, 466, 501, 502, 503, 518, 519, 520, 521 Tract: 0202. Block(s): 317, 340, 342, 343, 346, 347, 348, 349, 350, 351, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 401, 402, 403, 404, 405A, 405B, 406A, 406B, 407, 408, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 428A, 429A, 429B, 430, 431A, 432A, 432B, 433, 434, 435, 436, 437, 438A, 438B, 439, 440A, 440B, 441A, 441B, 442, 443, 444, 445A, 445B, 445C, 445D, 446, 447A, 447B, 447C, 448, 449, 450, 451, 452, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478A, 478B, 479A, 479B, 480, 482, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495 Tract: 0203. Block(s): 108, 109, 110, 159, 160, 161 VTD: 0040 ILA (Part) Tract: 0201. Block(s): 456, 457, 467, 468 VTD: 0045 MILL (Part) Tract: 0202. Block(s): 301, 302, 303, 304, 305, 306, 307, 318, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 337, 338, 339, 341, 344, 345, 364, 365, 366, 367, 368, 369, 372 Tract: 0206. Block(s): 250, 251, 252, 253, 265, 266 VTD: 0050 PAOLI (Part) Tract: 0203. Block(s): 107, 214, 224, 225, 226, 237
Page 4884
Education District: 5 MADISON COUNTY VTD: 0005 COLBERT (Part) Tract: 0203. Block(s): 153B, 155B, 157A, 158, 162, 163 Tract: 0204. Block(s): 404, 405, 406, 407, 408, 409, 411, 412, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422, 423, 424A, 424B, 425A, 425B, 425C, 426, 430, 431, 432, 440A, 441, 442, 443, 444, 445, 446, 447A, 448A, 449A, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464A, 464B, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475A, 475B, 476, 477, 478, 479, 480A, 480B, 480C, 480D, 481, 482A, 483, 484, 493, 494, 495, 496, 497 VTD: 0015 COMER VTD: 0025 FORK VTD: 0035 HULL (Part) Tract: 0205. Block(s): 104, 105, 107, 118, 119, 546, 547 VTD: 0050 PAOLI (Part) Tract: 0203. Block(s): 101, 102, 103, 104, 105, 106, 238, 239, 240, 259, 260, 261, 262, 263, 264, 265 (b) For purpose of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in
Page 4885
the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Madison County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Madison County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Madison County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to
Page 4886
amend an Act entitled An Act to Provide for the Board of Education of Madison County, approved March 24, 1988 (Ga. L. 1988, p. 4698); and for other purposes. This 15 day of January, 1992. Louie M. Clark GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie M. Clark, who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Danielsville Monitor, which is the official organ of Madison County, on the following date: January 24, 1992. /s/ Louie M. Clark Representative, 13th District Sworn to and subscribed before me, this 24th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 12, 1992.
Page 4887
COWETA COUNTYBOARD OF COMMISSIONERS; DEPUTY CLERK; COUNTY TREASURER. No. 651 (House Bill No. 1764). 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, so as to provide for the position of deputy clerk; to provide for the position of county treasurer; to repeal prior 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 . An Act creating a Board of Commissioners of Coweta County, approved August 26, 1872 (Ga. L. 1872, p. 405), as amended, is amended by striking Section 8 of said Act and inserting in lieu thereof the following: Section 8. (a) That said board may elect a clerk and deputy clerk, whose duties shall be defined by said board, with their compensation to be paid out of the county treasury, as the board may deem proper. (b) The office of county treasurer of Coweta County is reestablished. The duties, responsibilities, and compensation of said treasurer shall be established by the Board of Commissioners of Coweta County. Section 2 . An Act abolishing the office of treasurer of Coweta County, approved March 31, 1976 (Ga. L. 1976, p. 3576), as amended, particularly by an Act approved February 25, 1977 (Ga. L. 1977, p. 2770), is repealed in is entirety. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 4888
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 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; to repeal prior Acts relating to the county treasurer; and for other purposes. This 6th day of February, 1992. Honorable Sidney Jones, Representative, 71st District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pope Jones, who, on oath, deposes and says that he is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Newnan Times-Herald, which is the official organ of Coweta County, on the following date: February 12, 1992. /s/ Sidney Pope Jones, Jr. Representative, 71st District Sworn to and subscribed before me, this 17th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 18, 1992.
Page 4889
COWETA COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 652 (House Bill No. 1765). AN ACT To amend an Act creating a Board of Commissioners of Coweta County, approved August 1, 1906 (Ga. L. 1906, p. 399), as amended, particularly by an Act approved March 5, 1984 (Ga. L. 1984, p. 3694), so as to reapportion the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; 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 1, 1906 (Ga. L. 1906, p. 399), as amended, particularly by an Act approved March 5, 1984 (Ga. L. 1984, p. 3694), is amended by striking Section 3 and inserting in lieu thereof the following: Section 3. Be it further enacted by the authority aforesaid that in order to guarantee representation to the different sections of the county on said board of commissioners that said Act be further amended by adding the following new section: `That for the purposes of this Act, the County of Coweta shall be and is hereby divided into five districts to be known and designated as Commissioner District Number 1, 2, 3, 4, and 5, respectively, and more particularly described as follows: Commissioner District: 1 COWETA COUNTY VTD: 0001 FIRST (SENIOA)
Page 4890
VTD: 0002 SECOND (MORELAND) (Part) Tract: 1705. Block(s): 246 Tract: 1708. Block(s): 206, 222, 223, 230, 231, 232, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 264A, 266, 267A, 268, 269, 270A, 270B, 271, 272, 273, 274A, 274B, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 295A, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 311, 312, 313, 314A, 315, 316, 317, 318, 319, 320A, 321A, 323A, 324A, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 360, 362, 363, 364, 365, 366, 367, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390 VTD: 0005 SIXTH (SHARPSBURG) (Part) Tract: 1704. Block(s): 325, 328, 329, 330, 331, 332, 333, 334, 335, 338, 355, 356, 357, 358, 359, 360, 361, 362 Tract: 1705. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133A, 133B, 134, 135, 136, 137, 138, 140A, 141, 142, 143, 144, 145A, 145B, 146A, 146B, 146C, 153A, 154, 155A, 156, 157, 158, 159, 160, 171, 172, 173, 174, 175 Tract: 1706. Block(s): 601, 602, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 664, 665, 666, 667A, 667B, 668, 669, 670, 671, 672, 673 VTD: 0009 TENTH (HARALSON) VTD: 0012 THIRTEENTH (RAYMOND) VTD: 0013 FOURTEENTH (TURIN) VTD: 0016 SIXTEENTH (NEWNAN) (Part) Tract: 1703. Block(s): 410B, 417B, 418 Tract: 1706. Block(s): 401A, 501, 502B, 503B, 504B, 506, 507,
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508, 509, 510, 511, 512, 513, 514, 515, 516, 520, 521, 522, 523, 524, 525, 526, 527, 528 Commissioner District: 2 COWETA COUNTY VTD: 0002 SECOND (MORELAND) (Part) Tract: 1708. Block(s): 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 261, 262, 263, 264B, 265, 267B, 290, 291, 292, 293, 294, 295B, 314B, 320B, 321B, 322, 323B, 324B, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 351, 352, 353, 354, 355, 356, 357, 358, 359, 361, 368, 369, 446, 447, 448 VTD: 0003 THIRD (SMOKEY ROAD) VTD: 0004 FOURTH (HANDY) VTD: 0008 NINTH (GRANTVILLE) VTD: 0010 ELEVENTH (HURRICANE) (Part) Tract: 1701. Block(s): 192, 193, 194, 201B, 211, 213, 214, 215, 216, 217, 218, 220B, 227, 228, 229, 230, 231, 232, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 266, 267, 357, 358, 359, 361 Tract: 1702. Block(s): 306, 307, 309, 310, 317, 318, 319, 320, 321, 322, 323 Tract: 1707. Block(s): 107, 211, 212, 213, 214, 215, 216, 217, 219, 220, 221, 222, 227, 228 VTD: 0015 FIFTEENTH (NEWNAN) VTD: 0016 SIXTEENTH (NEWNAN) (Part) Tract: 1706. Block(s): 413A, 413C, 414B, 415A, 417A, 418A, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 438, 439, 440, 517, 518, 519, 529, 530, 531, 532, 533
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Commissioner District: 3 COWETA COUNTY VTD: 0007 EIGHTH (CEDAR CREEK) VTD: 0011 TWELFTH (PANTHER CREEK) VTD: 0018 EIGHTEENTH (NEWNAN) (Part) Tract: 1702. Block(s): 511, 518, 519, 520 Tract: 1703. Block(s): 227, 228, 229, 230, 252, 253, 254, 255, 256, 257, 258, 260, 261, 262A, 262B, 263, 264, 265, 266, 324, 325, 326, 343, 344A, 344B, 344C, 345, 346, 347A, 347B, 348A, 348B, 348C, 349, 350, 351, 352, 353, 354, 355A, 355B, 361A, 361B, 362A, 362B, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381A, 381B, 415, 416 Tract: 1707. Block(s): 401, 402 VTD: 0019 NINETEENTH (NEWNAN) VTD: 0020 TWENTIETH (NEWNAN) (Part) Tract: 1702. Block(s): 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 126A, 126B, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147A, 147B, 148A, 148B, 148C, 149A, 149B, 149C, 150, 151A, 151B, 152A, 152B, 153, 154, 401A, 401B, 401C, 401D, 402A, 402B, 402C, 402D, 403, 404, 405, 406, 407A, 407B, 408A, 408B, 409, 410A, 410B, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 512, 513, 514, 515, 516, 517 Tract: 1707 Block(s): 403, 404, 405 Commissioner District: 4 COWETA COUNTY VTD: 0005 SIXTH (SHARPSBURG) (Part) Tract: 1704. Block(s): 221, 222, 226, 227, 228, 229, 230, 231, 232,
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233, 234, 235, 236, 237, 238, 239, 240, 309, 310, 311, 312, 313, 314, 319, 320, 322, 323, 324, 326, 327, 363, 364, 365, 366 VTD: 0006 SEVENTH (PALMETTO) VTD: 0018 EIGHTEENTH (NEWNAN) (Part) Tract: 1703. Block(s): 327, 329A, 329B, 329C, 330, 339A, 339B, 356, 357A, 357B, 358A, 358B, 359, 360, 409A, 410A, 410C, 411, 412A, 412B, 413, 414, 417A, 417C, 419 Tract: 1706. Block(s): 609A, 610A, 610B VTD: 0021 TWENTY-FIRST (WHITE OAK) VTD: 0022 TWENTY-SECOND (MADRAS) Commissioner District: 5 COWETA COUNTY VTD: 0010 ELEVENTH (HURRICANE) (Part) Tract: 1701. Block(s): 249 Tract: 1702. Block(s): 311, 312, 313, 314, 315, 316, 324, 325, 326, 327, 328, 329, 331, 335 Tract: 1707. Block(s): 103, 105, 106, 108, 109, 110, 111, 112, 113, 202, 203, 204, 205, 206, 207, 208, 209, 210, 218 VTD: 0014 FIFTH (NEWMAN) VTD: 0017 SEVENTEENTH (NEWNAN) VTD: 0018 EIGHTEENTH (NEWNAN) (Part) Tract: 1703. Block(s): 501, 502, 503, 504, 509B, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 542, 543, 544 VTD: 0020 TWENTIETH (NEWNAN) (Part) Tract: 1702. Block(s): 330A, 330B, 330C, 332A, 332B, 333A, 333B, 334 For purposes of this section:
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(1) The terms Tract, Block, and VTD shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term Precinct is synonymous with the term voting precinct and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) 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 map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of Coweta County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of Coweta County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least
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population according to the United States decennial census of 1990 for the State of Georgia.' Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Coweta County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 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; and for other purposes. This 28th day of January, 1992. Honorable Sidney Pope Jones, Jr. Representative, 71st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sidney Pope Jones, Jr., who, on oath, deposes and says that he is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Newnan Times-Herald, which is the official organ of Coweta County, on the following date: February 5, 1992.
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/s/ Sidney Pope Jones, Jr. Representative, 71st District Sworn to and subscribed before me, this 18th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 18, 1992. COWETA COUNTYBOARD OF COMMISSIONERS; 1991 AMENDMENT REPEALED. No. 653 (House Bill No. 1766). AN ACT To repeal an Act to amend an Act creating a Board of Commissioners of Coweta County, approved April 4, 1991 (Ga. L. 1991, p. 4417); 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 to amend an Act creating a Board of Commissioners of Coweta County, approved April 4, 1991 (Ga. L. 1991, p. 4417), is repealed in its entirety. 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 1992 session of the General Assembly of Georgia a bill to repeal an Act to amend an Act creating a Board of Commissioners of Coweta County, approved April 4, 1991 (Ga. L. 1991, p. 4417); and for other purposes. This 6th day of February, 1992. Honorable Sidney Jones, Representative, 71st District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pope Jones, who, on oath, deposes and says that he is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Newnan Times-Herald, which is the official organ of Coweta County, on the following date: February 12, 1992. /s/ Sidney Pope Jones, Jr. Representative, 71st District Sworn to and subscribed before me, this 17th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 18, 1992.
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COWETA COUNTYBOARD OF EDUCATION; DISTRICTS. No. 654 (House Bill No. 1839). AN ACT To amend an Act providing for the composition of the Board of Education of Coweta County, approved March 5, 1984 (Ga. L. 1984, p. 3704), as amended, so as to reapportion the education districts; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; 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 composition of the Board of Education of Coweta County, approved March 5, 1984 (Ga. L. 1984, p. 3704), as amended, is amended by striking subsection (b) of Section 2 and inserting in lieu thereof the following: (b) For the purpose of electing the members of the board of education, the Coweta County School District shall be divided into seven education districts as follows: Education District 1 shall consist of the Coweta County School District in its entirety. Education District 2 shall consist of the Coweta County School District in its entirety. Education District: 3 COWETA COUNTY VTD: 0001 FIRST (SENIOA) VTD: 0002 SECOND (MORELAND) (Part) Tract: 1705. Block(s): 246
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Tract: 1708. Block(s): 206, 222, 223, 230, 231, 232, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 264A, 266, 267A, 268, 269, 270A, 270B, 271, 272, 273, 274A, 274B, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 295A, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 311, 312, 313, 314A, 315, 316, 317, 318, 319, 320A, 321A, 323A, 324A, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 360, 362, 363, 364, 365, 366, 367, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390 VTD: 0005 SIXTH (SHARPSBURG) (Part) Tract: 1704. Block(s): 325, 328, 329, 330, 331, 332, 333, 334, 335, 338, 355, 356, 357, 358, 359, 360, 361, 362 Tract: 1705. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133A, 133B, 134, 135, 136, 137, 138, 140A, 141, 142, 143, 144, 145A, 145B, 146A, 146B, 146C, 153A, 154, 155A, 156, 157, 158, 159, 160, 171, 172, 173, 174, 175 Tract: 1706. Block(s): 601, 602, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 664, 665, 666, 667A, 667B, 668, 669, 670, 671, 672, 673 VTD: 0009 TENTH (HARALSON) VTD: 0012 THIRTEENTH (RAYMOND) VTD: 0013 FOURTEENTH (TURIN) VTD: 0016 SIXTEENTH (NEWNAN) (Part) Tract: 1703. Block(s): 410B, 417B, 418 Tract: 1706. Block(s): 401A, 501, 502B, 503B, 504B, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 520, 521, 522, 523, 524, 525, 526, 527, 528
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Education District: 4 COWETA COUNTY VTD: 0002 SECOND (MORELAND) (Part) Tract: 1708. Block(s): 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 261, 262, 263, 264B, 265, 267B, 290, 291, 292, 293, 294, 295B, 314B, 320B, 321B, 322, 323B, 324B, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 351, 352, 353, 354, 355, 356, 357, 358, 359, 361, 368, 369, 446, 447, 448 VTD: 0003 THIRD (SMOKEY ROAD) VTD: 0004 FOURTH (HANDY) VTD: 0008 NINTH (GRANTVILLE) VTD: 0010 ELEVENTH (HURRICANE) (Part) Tract: 1701. Block(s): 192, 193, 194, 201B, 211, 213, 214, 215, 216, 217, 218, 220B, 227, 228, 229, 230, 231, 232, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 266, 267, 357, 358, 359, 361 Tract: 1702. Block(s): 306, 307, 309, 310, 317, 318, 319, 320, 321, 322, 323 Tract: 1707. Block(s): 107, 211, 212, 213, 214, 215, 216, 217, 219, 220, 221, 222, 227, 228 VTD: 0015 FIFTEENTH (NEWNAN) VTD: 0016 SIXTEENTH (NEWNAN) (Part) Tract: 1706. Block(s): 413A, 413C, 414B, 415A, 417A, 418A, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 438, 439, 440, 517, 518, 519, 529, 530, 531, 532, 533 Education District: 5 COWETA COUNTY VTD: 0007 EIGHTH (CEDAR CREEK) VTD: 0011 TWELFTH (PANTHER CREEK)
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VTD: 0018 EIGHTEENTH (NEWNAN) (Part) Tract: 1702. Block(s): 511, 518, 519, 520 Tract: 1703. Block(s): 227, 228, 229, 230, 252, 253, 254, 255, 256, 257, 258, 260, 261, 262A, 262B, 263, 264, 265, 266, 324, 325, 326, 343, 344A, 344B, 344C, 345, 346, 347A, 347B, 348A, 348B, 348C, 349, 350, 351, 352, 353, 354, 355A, 355B, 361A, 361B, 362A, 362B, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381A, 381B, 415, 416 Tract: 1707. Block(s): 401, 402 VTD: 0019 NINETEENTH (NEWNAN) VTD: 0020 TWENTIETH (NEWNAN) (Part) Tract: 1702. Block(s): 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 126A, 126B, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147A, 147B, 148A, 148B, 148C, 149A, 149B, 149C, 150, 151A, 151B, 152A, 152B, 153, 154, 401A, 401B, 401C, 401D, 402A, 402B, 402C, 402D, 403, 404, 405, 406, 407A, 407B, 408A, 408B, 409, 410A, 410B, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 512, 513, 514, 515, 516, 517 Tract: 1707. Block(s): 403, 404, 405 Education District: 6 COWETA COUNTY VTD: 0005 SIXTH (SHARPSBURG) (Part) Tract: 1704. Block(s): 221, 222, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 309, 310, 311, 312, 313, 314, 319, 320, 322, 323, 324, 326, 327, 363, 364, 365, 366 VTD: 0006 SEVENTH (PALMETTO) VTD: 0018 EIGHTEENTH (NEWNAN) (Part)
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Tract: 1703. Block(s): 327, 329A, 329B, 329C, 330, 339A, 339B, 356, 357A, 357B, 358A, 358B, 359, 360, 409A, 410A, 410C, 411, 412A, 412B, 413, 414, 417A, 417C, 419 Tract: 1706. Block(s): 609A, 610A, 610B VTD: 0021 TWENTY-FIRST (WHITE OAK) VTD: 0022 TWENTY-SECOND (MADRAS) Education District: 7 COWETA COUNTY VTD: 0010 ELEVENTH (HURRICANE) (Part) Tract: 1701. Block(s): 249 Tract: 1702. Block(s): 311, 312, 313, 314, 315, 316, 324, 325, 326, 327, 328, 329, 331, 335 Tract: 1707. Block(s): 103, 105, 106, 108, 109, 110, 111, 112, 113, 202, 203, 204, 205, 206, 207, 208, 209, 210, 218 VTD: 0014 FIFTH (NEWMAN) VTD: 0017 SEVENTEENTH (NEWNAN) VTD: 0018 EIGHTEENTH (NEWNAN) (Part) Tract: 1703. Block(s): 501, 502, 503, 504, 509B, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 542, 543, 544 VTD: 0020 TWENTIETH (NEWNAN) (Part) Tract: 1702. Block(s): 330A, 330B, 330C, 332A, 332B, 333A, 333B, 334 For purposes of this subsection: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
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(2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of Coweta County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of Coweta County which is described in this subsection as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Coweta County to submit this Act to the United States Attorney General for approval. If, as of
Page 4904
the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an Act providing for the composition of the board of Education of Coweta County, approved March 5, 1984 (Ga. L. 1984, p. 3704), as amended; and for other purposes. This 23rd day of January, 1992. /s/ Sidney Pope Jones, Jr. Honorable Sidney Pope Jones, Jr., Representative, 71st District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sidney Pope Jones, who, on oath, deposes and says that he is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Newman Times-Herald, which is the official organ of Coweta County, on the following date: January 29, 1992. /s/ Sidney Pope Jones, Jr. Representative, 71st District
Page 4905
Sworn to and subscribed before me, this 17th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 18, 1992. OGLETHORPE COUNTYCORONER; DEPUTY CORONER; COMPENSATION; FEES. No. 655 (House Bill No. 1226). AN ACT To provide for the compensation of the coroner and deputy coroner of Oglethorpe County; to provide for an annual salary for the coroner and deputy coroner; to provide for certain expense allowances, reimbursements, and fees; 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 . (a) The coroner of Oglethorpe County shall be compensated in the amount of $3,600.00 per year which shall be paid in equal monthly installments from the funds of Oglethorpe County. (b) The deputy coroner of Oglethorpe County shall be compensated in the amount of $800.00 per year which shall be paid in equal monthly installments from the funds of Oglethorpe County. (c) In addition to the compensation provided for in subsections (a) and (b) of this section, the coroner and deputy coroner shall, on taking the training course required by Code Section
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45-16-6 of the O.C.G.A. or other training courses required by law, receive reimbursement of actual transportation costs for traveling by public carrier or the legal mileage rate for the use of a personal automobile and registration fees for the training course. Such expense allowance and reimbursement shall be paid from the funds of Oglethorpe County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 Session of the General Assembly of Georgia a bill to provide for compensation for the coroner and deputy coroner of Oglethorpe County; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. This the 18th day of December, 1991. Honorable Charles Yeargin Representative, 14th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Yeargin, who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oglethorpe Echo, which is the official organ of Oglethorpe County, on the following date: December 19, 1991. /s/ Charles W. Yeargin Representative, 14th District
Page 4907
Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 19, 1992. BIBB COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 656 (House Bill No. 1454). AN ACT To amend an Act establishing a board of commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3728), so as to change the provisions relating to commissioner districts; to define certain terms; to provide for related matters; to provide for the submission of this Act to the United States Attorney General; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain 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 Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3728), 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:
Page 4908
(a) (1) There is created the board of commissioners of Bibb County to be elected as provided in this section. For the purposes of electing members of the board, Bibb County is divided into four commissioner districts as follows: Commissioner District No. 1 BIBB COUNTY VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0007 EM07 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0013 GODFREY 04 (Part) Tract: 0128. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415 Tract: 0130. Block(s): 271, 272, 292, 293, 294, 295, 296, 297 VTD: 0034 VINEVILLE 01 Commissioner District No. 2 BIBB COUNTY VTD: 0012 GODFREY 03 VTD: 0016 GODFREY 07 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05
Page 4909
VTD: 0040 VINEVILLE 07 VTD: 0043 MACON 02 VTD: 0044 MACON 01 Commissioner District No. 3 BIBB COUNTY VTD: 0009 EM09 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0039 VINEVILLE 06 VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 VTD: 0047 HAZARD 02 Commissioner District No. 4 BIBB COUNTY VTD: 0013 GODFREY 04 (Part) Tract: 0128. Block(s): 101, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 219, 222 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0048 HAZARD 04 (2) For purposes of this subsection:
Page 4910
(A) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (B) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (C) 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 map for the United States decennial census of 1990 for the State of Georgia; (D) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (E) Any part of the county which is not included in any commissioner district described in this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (F) Any part of the county which is described in this subsection as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such
Page 4911
part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . (a) It shall be the duty of the county attorney to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965, as amended; and it shall be the duty of the board of commissioners of Bibb County to direct and ensure that such submission is made by the county attorney or some other attorney if the county attorney fails to act. It shall be the duty of the board of commissioners and the county attorney to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or it becomes law without his approval and to ensure that such submission contains all materials necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General. (b) If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 hereby given that application will be made to the 1992 Session of the General Assembly of Georgia for the passage of a bill to revise and redistrict the County of Bibb for the election of four County Commissioners using the census data of 1990; to enact other provisions germane thereto; and for other purposes. This 21st day of January, 1992. BIBB COUNTY BOARD OF COMMISSIONERS
Page 4912
GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover, Jr., who, on oath, deposes and says that he is Representative from the 99th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph, which is the official organ of Bibb County, on the following date: January 24, 1992. /s/ Denmark Groover, Jr. Representative, 99th District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 19, 1992. RABUN COUNTY ECONOMIC DEVELOPMENT AUTHORITYCREATION. No. 657 (House Bill No. 1707). AN ACT To create a public body corporate and politic, and an instrumentality of the County of Rabun, to be known as the Rabun 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 board of directors and board 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
Page 4913
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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title. This Act may be referred to as the Rabun County Economic Development Authority Act. Section 2 . Legislative purpose. The purpose of this Act is to provide for the economic development of Rabun 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 Rabun County. Section 3 . Definitions. As used in this Act, the term: (1) Authority means the Rabun 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
Page 4914
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 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;
Page 4915
(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 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 Rabun 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, structure, facility,
Page 4916
or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in Rabun 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 Rabun 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 Rabun County and for the improvement of the general welfare of the people of Rabun County and the State of Georgia. The authority shall have a board of directors which shall consist of the members of the Development Authority of Rabun County, created pursuant to the authority of the Development Authorities Law, Chapter 62 of Title 36 of the Official Code of Georgia Annotated, and activated pursuant to an activating resolution of the Board of Commissioners of Rabun County on April 27, 1971, and the chairman of the Board of Commissioners of Rabun County. 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) 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.
Page 4917
(2) The provisions of paragraph (9) of Code Section 45-10-3 of the Official Code of Georgia Annotated and paragraph (1) of this subsection shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or any organization or person with which any director of the authority 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 authority and is recorded in the minutes of the authority, (B) 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 any such organization or person, and (C) 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 paragraph, 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. 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;
Page 4918
(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 (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
Page 4919
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 authority 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 authority or for the use by any state institution or any municipal corporation or county or authority 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
Page 4920
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 renewed have or have not matured. 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 thenotes, 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
Page 4921
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 Rabun County or any municipal corporation within Rabun 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, 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, consultants, fiscal advisors, architects, planners,
Page 4922
fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (19) To encourage and promote the economic development of Rabun County and to make, contract for, or otherwise cause to be made long-range plans or proposals for the economic development of Rabun County; (20) To make and receive grants and incentives of money, property, or services designed to promote the growth of employment and the tax receipts in Rabun 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, without limitation, 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 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
Page 4923
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 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.
Page 4924
(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. (h) Bonds of the authority shall bear a certificate of validation. The signature of the clerk of the Superior Court of Rabun 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 (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,
Page 4925
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 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,
Page 4926
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 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; provided, however, that the leasehold interests of private parties leasing property from the authority shall be subject to the taxes or assessments imposed by this state or any counties, municipal corporations, political subdivisions, or taxing districts, unless they are specifically exempted by the affirmative vote of a majority of the directors of the authority and the affirmative vote of the Board of Commissioners of Rabun County. 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.
Page 4927
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 first 1992 session of the General Assembly of Georgia a Bill to create a public body corporate and politic, and an instrumentality of the County of Rabun, to be known as the Rabun 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 13 day of January, 1992. N. William Pettys, Jr. P.O. Box 1041 Clayton, Ga. 30525 Attorney for Rabun County, Georgia
Page 4928
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/post 2 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 16, 1992. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 22nd day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 19, 1992. MITCHELL COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 659 (House Bill No. 1359). AN ACT To amend an Act providing for a Board of Commissioners of Mitchell County, approved February 20, 1873 (Ga. L. 1873, p. 279), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4190), so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of
Page 4929
this Act under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a Board of Commissioners of Mitchell County, approved February 20, 1873 (Ga. L. 1873, p. 279), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4190), is amended by striking Section 1 as enacted by Section 1 of the 1988 amendatory Act (Ga. L. 1988, p. 4190) and inserting in its place a new Section 1 to read as follows: Section 1. (a) The Board of Commissioners of Mitchell County shall consist of five members to be elected from five single-member commissioner districts provided for in subsection (b) of this section. One commissioner shall be elected from each district. Each commissioner shall be a resident of the commissioner district from which elected. Each commissioner shall be elected by a majority of the voters voting within each respective district in an election therefor. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' (b) The five commissioner districts for the election of each of the five members of the Board of Commissioners of Mitchell County shall be as follows: Commissioner District: 1 MITCHELL COUNTY VTD: 0005 BACONTON (Part) Tract: 9801. Block(s): 107, 114, 115, 116, 117, 189, 190, 191, 192, 193, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213A, 213B, 214A, 214B, 215, 216A, 216B, 217, 218, 219A, 219B, 220A, 220B, 221, 222, 223, 224, 225, 226, 227, 228, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237A, 237B, 238, 239A, 239B, 240, 241, 242, 243, 244, 245, 246,
Page 4930
247A, 247B, 250, 251, 252, 253, 254A, 254B, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 276, 277, 278, 279, 280 VTD: 0010 CAMILLA NORTH (Part) Tract: 9803. Block(s): 105, 106, 107, 108, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 169, 170, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 220, 221, 301, 307, 308, 309, 311, 323, 324, 325, 326, 327, 328, 330, 331, 332, 333, 334A, 334B, 335, 336, 337A, 337B, 338, 339A, 339B, 340A, 340B, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350 Commissioner District: 2 MITCHELL COUNTY VTD: 0015 CAMILLA SOUTH (Part) Tract: 9803. Block(s): 165, 166, 167, 168, 171 Tract: 9804. Block(s): 146, 147, 148A, 148B, 148C, 148D, 148E, 149, 201, 202, 203, 204, 205, 206, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 227, 244, 245, 246A, 246B, 247A, 247B, 249, 301, 302, 303, 304, 305A, 305B, 306, 325, 327 Tract: 9806. Block(s): 101, 102, 103, 104 Tract: 9807. Block(s): 119, 120 VTD: 0040 PELHAM (Part) Tract: 9806. Block(s): 105A, 105B, 106A, 106B, 107, 108, 109, 110, 112, 114, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 201A, 201B, 202, 203, 204, 205, 206A, 206B, 207, 208, 209A, 209B, 210, 211A, 211B, 212, 213, 214, 215, 216A, 216B,
Page 4931
217, 218, 302 Tract: 9807. Block(s): 154B, 155 Commissioner District: 3 MITCHELL COUNTY VTD: 0010 CAMILLA NORTH (Part) Tract: 9803. Block(s): 302, 303, 304, 305, 306, 310, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 329, 351, 352 Tract: 9804. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 426, 427, 428, 429, 430, 431A, 431B, 432, 433A, 433B, 461, 481, 482, 483 VTD: 0015 CAMILLA SOUTH (Part) Tract: 9803. Block(s): 215, 216, 217, 218, 219 Tract: 9804. Block(s): 207, 208, 209, 210, 211, 225, 226, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 248, 307A, 307B, 307C, 307D, 308, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320A, 320B, 321, 322, 323A, 323B, 323C, 324, 326, 328, 329, 330, 331, 332, 333, 334, 335, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457A, 457B, 458A, 458B, 458C, 459A, 462, 463A, 463B, 463C, 464A, 464B, 465, 466, 467, 468, 469A, 469B, 470, 471, 472, 473, 474, 475 Tract: 9806. Block(s): 301 VTD: 0025 FAIRCLOTH VTD: 0030 PARKER Commissioner District: 4 MITCHELL COUNTY VTD: 0020 COTTON AND HINSONTON (Part)
Page 4932
Tract: 9807. Block(s): 130, 131, 132, 133, 134, 144, 145, 146, 147, 148, 149, 150A, 151, 152, 201, 203, 204, 205, 206, 207, 208, 254, 255, 256, 257, 258, 259, 260, 261, 263, 268, 269, 271 VTD: 0040 PELHAM (Part) Tract: 9806. Block(s): 111, 113, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 142, 143, 144, 145, 146, 147, 148, 149, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335A, 335B, 336A, 336B, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 355, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444A, 444B, 445, 446, 447, 448, 449A, 449B, 450, 451, 452, 453, 454, 455 Tract: 9807. Block(s): 127, 128, 129, 150B, 153A, 153B, 154A, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179A, 179B, 180, 181A, 181B, 182, 183, 184, 185, 186, 209, 210, 211, 212A, 212B, 213, 214A, 214B, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 249B, 250A, 250B, 251A, 251B, 251C, 252, 253, 264, 265, 266, 267, 270, 272A, 272B, 273, 274, 275, 276, 277 Commissioner District: 5 MITCHELL COUNTY VTD: 0005 BACONTON (Part) Tract: 9801. Block(s): 134A, 134B, 135, 136, 137, 138, 139, 187, 188, 248A, 248B, 249, 272, 273, 274, 275 VTD: 0010 CAMILLA NORTH (Part) Tract: 9803.
Page 4933
Block(s): 101, 102, 103, 104, 109, 110, 111, 112, 113, 114A, 114B, 115, 159, 160, 161, 162, 163, 164 VTD: 0015 CAMILLA SOUTH (Part) Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 150, 151 VTD: 0020 COTTON AND HINSONTON (Part) Tract: 9802. Block(s): 231, 232, 233, 240, 241, 242, 243, 244, 245, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267 Tract: 9807. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 135, 136, 137, 138, 139, 140, 141, 142, 143, 187, 188, 189, 190, 191, 192, 202, 262 VTD: 0035 PEBBLE CITY VTD: 0045 RAIFORD VTD: 0050 SALE CITY (c) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district
Page 4934
contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Mitchell County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Mitchell County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (d) Commissioner Districts 1, 2, 3, 4, and 5 as they existed on January 1, 1992, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section. Section 2 . Said Act is further amended by striking subsection (a) of Section 6 as enacted by Section 2 of the 1988 amendatory Act, and inserting in its place a new subsection (a) to read as follows: (a) (1) The members of the board of commissioners in office on January 1, 1992, representing former Commissioner Districts 1 and 3 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1994. At the general
Page 4935
election in 1994 and every four years thereafter, members of the board shall be elected from Commissioner Districts 1 and 3 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. (2) The members of the board of commissioners in office on January 1, 1992, representing former Commissioner Districts 2, 4, and 5 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, members of the board shall be elected from Commissioner Districts 2, 4, and 5 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Mitchell County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is give that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act providing for a Board of Commissioners of Mitchell County, approved February 20, 1873 (Ga. L. 1873, p. 279), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4190); and for other purposes.
Page 4936
This 29th day of January, 1992. Honorable A. Richard Royal Representative, 144th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who, on oath, deposes and says that he is Representative from the 144th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise, which is the official organ of Mitchell County, on the following date: January 29, 1992. /s/ A. Richard Royal Representative, 144th District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1992. CITY OF LAFAYETTECORPORATE LIMITS. No. 660 (House Bill No. 1772). AN ACT To amend an Act creating a new charter for the City of LaFayette, approved March 26, 1969 (Ga. L. 1969, p. 2298), as amended, so as to change and define the corporate limits of the City of LaFayette; to repeal conflicting laws; and for other purposes.
Page 4937
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a new charter for the City of LaFayette, approved March 26, 1969 (Ga. L. 1969, p. 2298), as amended, is amended by striking Appendix I thereto in its entirety and inserting in lieu thereof a new Appendix I to read as follows: APPENDIX I BOUNDARIES OF THE CITY OF LAFAYETTE, GEORGIA The boundaries of the City of LaFayette shall be as follows: Beginning at the Northwest corner of Land Lot 8 in the 7th District and 4th Section of Walker County, Georgia, and from said beginning point running thence South along the West line of said Land Lot 8 and continuing along the West line of Land Lot 29 in said District and Section a total distance of 5,280 feet to the Southwest corner of said Land Lot 29; thence North 89 degrees 37 minutes West along the North line of Land Lot 43 in said District and Section 2,731.4 feet to the Northwest corner of said Land Lot 43; thence South 0 degrees 30 minutes West along the West line of said Land Lot 43 a distance of 1,060.8 feet; thence South 88 degrees 35 minutes East 952 feet, more or less, to the Westerly right-of-way line of Hillsdale Road; thence Southerly along the Westerly line of Hillsdale Road the following courses and distances: South 1 degree 08 minutes West 192.92 feet, South 0 degrees 43 minutes East 158.96 feet, South 1 degree 25 minutes West 98.69 feet, and South 9 degrees 18 minutes West 4.33 feet to the Northeast corner of the property owned by the City of LaFayette upon which is located a water treatment plant; thence south 80 degrees 41 minutes West 345 feet; thence south 3 degrees 31 minutes West along the West line of said property of City of LaFayette 305.98 feet to a point located on the Northerly right-of-way line of State Highway No. 193; thence Easterly along the Northerly line of said State Highway No. 193 a distance of 2,142.5 feet, more or less, to the point where the Northerly line of said highway intersects the East line of said Land Lot 43, the same being the West line of Land Lot 44, in said District
Page 4938
and Section; thence South along the original West lines of Land Lot 44, Land Lot 65 and Land Lot 80 in the 7th District and 4th Section of said County to the Southwest corner of said Land Lot 80; thence East along the South line of said Land Lot 80, the same being the North line of Land Lot 101 in said District and Section, to a point which is 1,740.1 feet West of the Northeast corner of said Land Lot 101; thence South 1 degree 30 minutes East 891.7 feet; thence North 86 degrees 10 minutes West 609.3 feet; thence North 75 degrees 30 minutes West 260 feet to a point on the Easterly line of Broomtown Road (Georgia State Highway No. 337); thence Southerly along the Easterly line of said State Highway No. 337 to the point where the Easterly line of said highway is intersected by the West line of said Land Lot 101, the same being the East line of Land Lot 102; thence Southwesterly along the Easterly line of said State Highway No. 337 a distance of 1,135 feet, more or less, to the point where the Easterly right-of-way line of said State Highway intersects the South line of Land Lot 102 in said District and Section; thence North 89 degrees 10 minutes East along the South line of said Land Lot 102, the same being the North line of Land Lot 115, a distance of 330 feet; thence South 17 degrees 5 minutes West 340 feet; thence South 0 degrees 50 minutes East 905 feet to a point in or near the center of a branch; thence South 47 degrees 49 minutes East 344.2 feet to a point in said branch; thence South 0 degrees 50 minutes East 620.3 feet; thence South 88 degrees 26 minutes East 100 feet to the center line of what is known as the Central of Georgia Railroad right-of-way (Southern Railway System, now Norfolk-Southern Railroad System); thence Northeasterly along and with the center line of said Railroad 1,180.1 feet to a point which is 1,370.6 feet, measured along the center line of said Railroad, Southerly from the point where the center line of said Railroad intersects the North line of Land Lot 116 in said District and Section; thence South 67 degrees 24 minutes East 315.8 feet to a point in the center of Chattooga Creek; thence Northeasterly and Northerly along and with the center line of Chattooga Creek and continuing along the center line of the channel change which was made around the year 1972 a distance of 2,195 feet, more or less, to the point where the center line of said Creek intersects the Southerly right-of-way lin of Shattuck
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Industrial Boulevard, the bridge over said Creek on Shattuck Industrial Boulevard being immediately North of said point; thence Southeasterly along and with the Southerly right-of-way line of Shattuck Industrial Boulevard to the Southwest corner of the intersection of Shattuck Industrial Boulevard and Foster Mill Drive; thence Northerly 100 feet, more or less, to the Northwest corner of the intersection of Shattuck Industrial Boulevard and Foster Mill Drive; thence Northeasterly along the Westerly right-of-way line of Foster Mill Drive 939.86 feet to the Southeasterly corner of the property of John William Tench; thence North 65 degrees 7 minutes West along the Southerly line of said Tench property 200.3 feet to the Southwest corner of said Tench property; thence North 32 degrees 18 minutes East along the West line of said Tench property 256.4 feet to the South line of the property of Louie Hegwood; thence North 56 degrees 58 minutes West 153.6 feet; thence North 24 degrees 7 minutes East 647.5 feet; thence North 88 degrees 19 minutes East 219.9 feet; thence North 45 degrees East 483 feet; thence South 69 degrees 3 minutes East 332.5 feet to the Westerly right-of-way line of Foster Mill Road; thence North 24 degrees 33 minutes East along the Westerly line of said road 38.4 feet; thence Northeasterly and continuing along the Westerly line of said road 111.7 feet (the chord on the last described line being North 22 degrees 54 minutes East 111.6 feet); thence North 69 degrees 6 minutes West 272 feet; thence North 25 degrees 24 minutes East 160.3 feet; thence North 69 degrees 6 minutes West 206.1 feet; thence North 16 degrees 10 minutes East 328.2 feet; thence North 22 degrees 36 minutes East 339.7 feet to the Northwest corner of the property of Rudy R. Barrett and Lola Barrett; thence North 14 degrees 44 minutes East 30 feet, more or less, to the South line of Land Lot 82; thence East along the South line of Land Lot 82 to the Easterly right-of-way line of Foster Mill Road; thence Southerly along the Easterly line of said road 214 feet; thence South 75 degrees East along the South line of the Underwood property 318 feet; thence North 12 degrees 20 minutes East 286 feet to a point on the North line of Land Lot 99, the same being the South line of Land Lot 82, in said District and Section; thence East along the South line of said Land Lot 82 and continuing along the South line of said Land Lot 83 in said District and Section
Page 4940
to the Southeast corner of said Land Lot 83; thence North along the East line of said Land Lot 83 a distance of 2,640 feet to the Northeast corner of said Land Lot; thence continuing North along the East line of Land Lot 62 in said District and Section to the point where the East line of said Land Lot is intersected by the North right-of-way line of State Highway NO. 136; thence Southeasterly along the North line of said State Highway No. 136 a distance of 760 feet, more or less, to the point where the North line of said highway is intersected by the East line of a road which leads North into Skyline Heights Subdivision, which road is now known as Sunrise Drive; thence South 72 degrees 15 minutes East along the Northerly line of said State Highway No. 136 a distance of 168.4 feet; thence North 3 degrees 10 minutes East 309.6 feet; thence North 54 degrees 57 minutes East 40.1 feet; thence North 47 degrees 17 minutes West 115.1 feet; thence North 44 degrees 17 minutes West 35.1 feet; thence North 42 degrees 6 minutes West 64 feet to a point on the Westerly right-of-way line of Sunrise Drive; thence Northerly along the Westerly line of Sunrise Drive, sometimes referred to as Skyline Drive, 15 feet to the Southeast corner of property of City of LaFayette; thence South 74 degrees East 348.8 feet; thence North 1 degrees East 9 feet; thence North 88 degrees 30 minutes East 181 feet to the Southeast corner of property of City of LaFayette; thence North 1 degree 30 minutes West 650 feet to the Southeast corner of Lot 5 in Block E of Skyline Heights Subdivision as shown on plat recorded in Plat Book 5, page 53, Clerk's Office, Superior Court, Walker County, Georgia; thence North 29 degrees East along the East line of said Lot No. 5 a distance of 256.7 feet to a point on the South line of Lot 6 in Block E of said subdivision; thence South 86 degrees East along the South line of said Lot 6 a distance of 186 feet to the Southeast corner of said Lot 6; thence North 15 degrees East along the East line of Skyline Heights Subdivision 400 feet; thence South 76 degrees 29 minutes 19 seconds East along the South line of the Pope property 832.4 feet to a point on the East line of Land Lot 48 in the 7th District and 4th Section; thence North 0 degrees 8 minutes 16 seconds West along the East line of said Land Lot 48 a distance of 677.7 feet to the center line of the 100 foot right-of-way of Georgia Power Company; thence South 86 degrees 33 minutes
Page 4941
27 seconds West along the center line of said right-of-way and along the South line of the Wardlaw property 678.1 feet to the East line of Block E Skyline Heights Subdivision; thence North 15 degrees East along the East line of Lot 13 in Block E of said subdivision a distance of 75.6 feet to the South line of Morningside Drive; thence North 1 degree 30 minutes West along the dead-end of Morningside Drive and along the East line of Block D of Skyline Heights Subdivision (Plat Book 4, page 182 in said Clerk's Office) a total distance of 1,327 feet to a point on the North line of said Land Lot 48, which point is 210 feet East of the East right-of-way line of Sunrise Drive; thence continuing North 1 degree 15 minutes West into Land Lot 25 in the 7th District and 4th Section a distance of 972 feet to the North line of the property of Paul W. Baker; thence North 89 degrees 53 minutes East 600 feet, more or less, to the East line of Land Lot 25; thence North along the East line of Land Lot 25 a distance of 1,174.5 feet; thence South 89 degrees 54 minutes East 2,085 feet to the East line of Wilson Pond Road, sometimes known as Bird Wilson Road; thence North along the East line of said road and continuing along an extension of the East line of said road in a Northerly direction a total distance of 780 feet, more or less, to the North right-of-way line of Round Pond Road; thence West along the North right-of-way line of Round Pond Road 586 feet, more or less, to the East line of Land Lot 11 in the 7th District and 4th Section; thence North along the East line of said Land Lot 11 a distance of 2,640 feet, more or less, to the Northeast corner of said Land Lot 11; thence West along the North line of said Land Lot 11 to the Southeast corner of Land Lot 315 in the 8th District and 4th Section; thence North along the East line of said Land Lot 315 to the Northeast corner of Land Lot 315; thence continuing North along the East line of Land Lot 298 and along the East line of Land Lot 279 in said District and Section a total distance of 2,780 feet to a point on the Northerly right-of-way line of McCarter Road; thence Southeasterly along the Northerly and Northeasterly line McCarter Road 580 feet to the Southeast corner of Lot No. 69 of Fairview Heights Subdivision; thence North along the East line of said Lot 69 of Fairview Heights Subdivision 180 feet to a point on the South line of Linda Drive, also known as Louise Avenue, and continuing thence North
Page 4942
50 feet to a point on the Northerly line of Louise Avenue; thence Northwesterly along the Northeasterly line of Louise Avenue 156 feet; thence North along the East line of Louise Avenue 630 feet to the Southeast corner of the intersection of Louise Avenue and Jessie Drive; thence continuing North 50 feet to a point on the North line of Jessie Drive; thence North 185 feet to a point on the North line of Pickard Drive; thence South 87 degrees 29 minutes 33 seconds East along the North line of Pickard Drive 105 feet, more or less, to the Southeast corner of the property conveyed to Auto Custom Carpets, Inc. by deed dated August 30, 1984, recorded in Deed Book 525, page 562 in said Clerk's Office; thence North 5 degrees 28 minutes 45 seconds East 171.48 feet; thence North 88 degrees 54 minutes 40 seconds West 103.6 feet to the Southeast corner of what was known as the Duckett property, now the property of K. L. Ficken, Trustee, as described in deed dated May 6, 1980, recorded in Deed Book 471, page 668; thence North 19 degrees 30 minutes East 507 feet; thence North 89 degrees 20 minutes West 218 feet to a point on the East right-of-way line of U.S. Highway 27; thence Northerly along the Easterly right-of-way line of U.S. Highway No. 27 a distance of 950 feet, more or less, to the point where the Easterly line of said highway intersects the South line of what is known as Lake Howard Road; thence West to the point of intersection of the Westerly line of U.S. Highway 27 with the South line of State Highway No. 136, and continuing West along the South line of said State Highway No. 136 a total distance of 600 feet, more or less, to the Easterly right-of-way line of the Central of Georgia Railroad; thence Northerly along the Easterly line of said Railroad right-of-way 100 feet, more or less, to the Northerly line of State Highway No. 136; thence Westerly along the Northerly line of said highway 60 feet, more or less, to the point where the Westerly right-of-way line of said Railroad intersects the Northerly line of said highway; thence North 32 degrees 26 minutes East along the Westerly right-of-way line of said Railroad 1,422.55 feet; thence North 81 degrees 53 minutes West 835.69 feet; thence North 1 degree 13 minutes East 1,060.07 feet; thence North 88 degrees 11 minutes 54 seconds West 300 feet; thence North 1 degree 13 minutes East 300 feet to a point on the South line of Warren Road; thence North 89 degrees 37 minutes 6 seconds West along the South
Page 4943
line of Warren Road 612.08 feet, and continuing along the South line of said road North 83 degrees 15 minutes 20 seconds West 191.24 feet to the point where the South line of Warren Road intersects the Easterly line of Straight Gut Road; thence Southerly along the Easterly line of Straight Gut Road 2,856 feet, more or less, to the point where the Easterly line of said road intersects the Northerly line of said State Highway No. 136; thence Easterly along the Northerly line of said Highway No. 136 a distance of 1,946 feet, more or less, to the point where the Northerly line of said highway intersects the Westerly right-of-way line of said Central of Georgia Railroad; thence Southerly along the Westerly line of said Railroad 860 feet, more or less, to the Northeast corner of the property conveyed by Phoenix Smelting Corporation to City of LaFayette, Georgia, by deed dated December 16, 1981, recorded in Deed Book 491, page 108 of the Deed Records of Walker County, Georgia; thence South 89 degrees 34 minutes West 1,685.7 feet to a point on the Easterly line of Gordon Pond Road, also known as Mineral Springs Road; thence Southerly along the Easterly line of said road the following courses and distances: South 13 degrees 45 minutes East 243.9 feet, South 5 degrees 27 minutes East 150 feet, and South 0 degrees 27 minutes East 1,087.3 feet to the North line of the property of Frank Shattuck, Jr.; thence North 88 degrees 45 minutes East 464.3 feet; thence South 1 degree 15 minutes East 100 feet; thence South 31 degrees 15 minutes East 77.5 feet to a point on the Northwesterly right-of-way line of said Central of Georgia Railroad; thence Southwesterly along the Northwesterly right-of-way line of said Railroad a distance of 990 feet, more or less, to the point where the Northwesterly right-of-way line of said Railroad intersects the Westerly line of Gordon Pond Road; thence Southerly along the Westerly line of Gordon Pond Road 1,350 feet to the point where the West line of said road intersects the West line of West North Main Street, also known as the Old Chattanooga Highway; thence South along the West line of West North Main Street 952 feet, more or less, to the point where the West line of said street intersects the South line of Land Lot 298 in said district and section, said point also being where the North line of Probasco Street intersects the West line of West North Main Street; thence West along the South line of said Land Lot 298, the same
Page 4944
being the North line of Probasco Street, a distance of 670 feet, more or less, to the point where the North line of Probasco Street is intersected by the West right-of-way line of said Central of Georgia Railroad in Land Lot 298; thence Northerly along the Westerly line of said Railroad 385 feet; thence South 88 degrees 30 minutes West 341 feet to a point on the East line of Land Lot 297 in the 8th District and 4th Section; thence North 1 degree 30 minutes West along the East line of said Land Lot 297 a distance of 841.7 feet; thence South 88 degrees 30 minutes West 1,330 feet; thence South 1 degree 30 minutes East 1,193 feet to the South line of said Land Lot 297, the same being the North line of Land Lot 316 in said District and Section; thence West along the North line of said Land Lot 316 to the Northwest corner of Land Lot 316; thence South along the West line of Land Lot 316 a distance of 2,640 feet to the Southwest corner of Land Lot 316; thence West along the North line of Land Lot 8 in the 7th District and 4th Section of said County to the Northwest corner of said Land Lot, the same being the beginning point. Also, there is included within the boundaries of the City of LaFayette all of that property owned by the City of LaFayette (but not including land in which the City only has flood easement rights) which was acquired in connection with the creation of a lake which is owned by said City and which is now known as Queen City Lake, said property being more particularly described as follows: All that tract or parcel of land situate, lying and being in Land Lot 12 in the 7th District and 4th Section and in Land Lots 240, 263, 264, 265, 276, 277, 278, 299, 300, 301, 312, 313 and 314 in the 8th District and 4th Section, all in Walker County, Georgia, and being more particularly described as follows: Start at the point where the center line of Round Pond Road, a public road in Walker County, Georgia, intersects the East line of Land Lot 11 in the 7th District and 4th Section, and from said starting point running thence Easterly and Northeasterly along and with the center line of said Round Pond Road a distance of 3,400 feet, more or less, to the point where the East line, if the same were extended Souterly in a straight line, of the property conveyed by J. T. Rhyne and J. Morton Rhyne to City of LaFayette,
Page 4945
Georgia, by warranty deed dated December 5, 1974, recorded in Deed Book 403, pages 635-641, of the Deed Records of Walker County, Georgia, would intersect the center line of said Round Pond Road; thence Northerly 20 feet, more or less, to a point on the Northerly line of said road, said point being the point where the East line of the property so conveyed by J. T. Rhyne and J. Morton Rhyne to City of LaFayette, Georgia, by the aforesaid deed, intersects the Northerly line of said Road, the same also being the Southwest corner of the property of Mrs. Clark Sosebee, which point is the beginning point of the property herein described, and from said beginning point running thence North 05 degrees 07 minutes West along a fence and along the West line of said Sosebee property a distance of 437.9 feet to an iron pipe; thence North 04 degrees 30 minutes West along the West line of said Sosebee property 153.2 feet to the North line of said Land Lot 12, said line also being the District line between the 8th District and 7th District of Walker County, Georgia, and said point being 200.1 feet North 88 degrees 59 minutes West of the Northeast corner of said Land Lot 12; thence North 11 degrees 35 minutes East 1,038.3 feet to an iron pipe located in said Land Lot 313; thence North 03 degrees 15 minutes East 149.1 feet; thence North 48 degrees 28 minutes West 233.4 feet; thence North 65 degrees 57 minutes West 138.9 feet; thence North 56 degrees 26 minutes West 91.4 feet; thence North 34 degrees 32 minutes West 293.3 feet; thence North 01 degree 58 minutes West 230.5 feet; thence North 68 degrees 59 minutes East 52.9 feet; thence North 00 degrees 23 minutes East 303.2 feet; thence North 47 degrees 53 minutes East 103.4 feet; thence North 60 degrees 13 minutes East 318.5 feet; thence South 76 degrees 29 minutes East 96.4 feet; thence North 05 degrees 36 minutes West 111.7 feet; thence North 44 degrees 30 minutes East 158.7 feet; thence South 86 degrees 08 minutes East 87.9 feet; thence North 00 degrees 10 minutes West 94.6 feet; thence North 30 degrees 47 minutes East 124.4 feet to a point on the North line of said Land Lot 313, the same being the South line of said Land Lot 300; thence North 49 degrees 55 minutes East 79.1 feet; thence North 27 degrees West 19.2 feet; thence South 63 degrees 28 minutes West 154.2 feet to a point on the aforesaid South line of said Land Lot 300; thence South 67 degrees 18 minutes West 84.8 feet; thence
Page 4946
South 64 degrees 01 minute West 286.8 feet; thence South 89 degrees 31 minutes West 185.4 feet; thence North 00 degrees 37 minutes East 168.1 feet to a point on the South line of said Land Lot 300; thence North 04 degrees 43 minutes East 217.4 feet; thence North 25 degrees 30 minutes East 106.4 feet; thence North 28 degrees 59 minutes East 227.5 feet; thence North 45 degrees 06 minutes East 89.4 feet; thence North 35 degrees 11 minutes East 128 feet; thence North 52 degrees 35 minutes East 350.2 feet; thence North 69 degrees 14 minutes East 102.2 feet; thence North 89 degrees 41 minutes East 115.4 feet to a point on the East line of said Land Lot 300, the same being the West line of said Land Lot 301; thence North 89 degrees 41 minutes East 1.8 feet; thence North 29 degrees 31 minutes East 46.9 feet; thence North 29 degrees 31 minutes East 55.9 feet; thence North 72 degrees 35 minutes East 245.5 feet; thence North 71 degrees 59 minutes East 93.9 feet; thence North 36 degrees East 200.9 feet; thence North 46 degrees 47 minutes West 62.2 feet; thence North 87 degrees 50 minutes West 105.7 feet; thence North 77 degrees 34 minutes West 199.8 feet; thence South 69 degrees 55 minutes West 75.6 feet; thence North 86 degrees 38 minutes West 69.2 feet to the West line of said Land Lot 301; thence North 86 degrees 38 minutes West 239.5 feet; thence North 73 degrees 50 minutes West 138.7 feet; thence North 11 degrees 59 minutes West 94.1 feet; thence North 14 degrees 57 minutes East 172.7 feet; thence North 07 degrees 44 minutes East 91.5 feet; thence North 22 degrees 28 minutes East 127.3 feet; thence North 09 degrees 52 minutes East 314.3 feet; thence North 29 degrees 48 minutes East 83.6 feet; thence North 06 degrees 54 minutes East 100.7 feet; thence North 22 degrees 39 minutes West 38.9 feet to the North line of said Land Lot 300, the same being the South line of said Land Lot 277; thence North 22 degrees 39 minutes West 108.8 feet; thence North 10 degrees 06 minutes East 107.4 feet; thence North 07 degrees 33 minutes East 82.1 feet; thence North 25 degrees 21 minutes East 77.1 feet; thence North 15 degrees 28 minutes East 134 feet; thence North 08 degrees 40 minutes East 105 feet; thence North 14 degrees 04 minutes East 137 feet; thence North 23 degrees 18 minutes East 117.9 feet; thence North 27 degrees 29 minutes West 71.7 feet; thence North 52 degrees 39 minutes West 121 feet; thence North 12 degrees 22 minutes West 47.2 feet;
Page 4947
thence North 55 degrees 51 minutes West 24.9 feet; thence continuing North 55 degrees 51 minutes West 38.3 feet; thence North 00 degrees 11 minutes West 82.5 feet; thence North 04 degrees 51 minutes East 108.2 feet; thence North 26 degrees 05 minutes West 100.9 feet; thence North 08 degrees 24 minutes West 91.9 feet; thence North 16 degrees 32 minutes East 103.4 feet; thence North 63 degrees 32 minutes East 69.2 feet; thence North 81 degrees 44 minutes East 123 feet; thence North 18 degrees 12 minutes East 50 feet; thence North 54 degrees 58 minutes West 81.5 feet; thence North 83 degrees 58 minutes West 58.9 feet; thence North 06 degrees 30 minutes East 175.5 feet; thence North 28 degrees 05 minutes East 120.6 feet; thence North 22 degrees 33 minutes East 274.2 feet to the East line of said Land Lot 277, the same being the West line of said Land Lot 276; thence North 22 degrees 33 minutes East 22.8 feet; thence North 25 degrees 11 minutes East 273.2 feet; thence North 22 degrees 09 minutes East 248.5 feet to a point on the South line of Lake Howard Road; thence North 24 degrees 13 minutes East crossing said Lake Howard Road 54.4 feet to a point in said Land Lot 265 which is located on the North line of said Lake Howard Road, the same being on or near the original South line of said Land Lot 265; thence North 26 degrees 14 minutes East 346.2 feet; thence North 23 degrees 57 minutes East 98.9 feet; thence North 22 degrees 17 minutes East 392.9 feet; thence North 69 degrees 55 minutes East 194.9 feet; thence North 08 degrees 40 minutes West 340.8 feet; thence North 04 degrees 43 minutes East 81.2 feet; thence North 57 degrees 13 minutes West 31.5 feet; thence South 67 degrees 28 minutes West 266.7 feet; thence South 43 degrees 05 minutes West 280.1 feet; thence South 80 degrees 39 minutes West 178.2 feet; thence South 15 degrees 15 minutes East 197 feet; thence South 24 degrees 03 minutes West 136.4 feet; thence South 39 degrees 50 minutes West 125.8 feet to the West line of said Land Lot 265, the same being the East line of said Land Lot 264; thence South 78 degrees 58 minutes West 48.6 feet; thence South 50 degrees 13 minutes West 98.8 feet; thence South 34 degrees 59 minutes West 147.6 feet; thence South 30 degrees 11 minutes West 356.4 feet; thence South 50 degrees 56 minutes West 8.5 feet to a point on the North right-of-way line of Lake Howard Road; thence crossing said Lake Howard Road South 36 degrees
Page 4948
09 minutes West 61.1 feet to a point on the South right-of-way line of Lake Howard Road, said point also being in Land Lot 277; thence South 13 degrees 26 minutes West 40.6 feet; thence South 24 degrees 52 minutes East 84.2 feet; thence South 19 degrees 20 minutes West 79.2 feet; thence South 40 degrees 06 minutes West 119.3 feet; thence South 49 degrees 37 minutes West 159.9 feet; thence North 86 degrees 29 minutes West 86.3 feet; thence South 14 degrees 12 minutes West 33.3 feet; thence South 52 degrees 34 minutes East 79 feet; thence South 11 degrees 40 minutes West 190 feet; thence South 03 degrees 46 minutes West 101.3 feet; thence South 12 degrees 53 minutes West 115.6 feet; thence South 17 degrees 14 minutes West 159.6 feet; thence South 07 degrees 30 minutes West 171.9 feet; thence South 04 degrees 37 minutes East 93.9 feet; thence South 19 degrees 27 minutes West 48.6 feet; thence South 41 degrees 48 minutes West 101 feet; thence South 57 degrees 34 minutes West 85.7 feet; thence South 33 degrees 04 minutes East 206.1 feet; thence South 03 degrees 10 minutes West 289 feet; thence South 16 degrees 31 minutes West 219.6 feet; thence South 25 degrees 16 minutes East 231.2 feet; thence South 00 degrees 12 minutes East 62 feet; thence South 75 degrees 19 minutes West 126 feet; thence South 05 degrees 08 minutes West 65.2 feet; thence South 33 degrees 12 minutes East 74.8 feet; thence South 01 degree 52 minutes West 156.2 feet; thence South 42 degrees 24 minutes West 4.1 feet to the South line of said Land Lot 277, the same being the North line of said Land Lot 300; thence South 42 degrees 24 minutes West 47 feet; thence South 55 degrees 29 minutes West 130.6 feet; thence South 87 degrees 07 minutes West 92.8 feet; thence South 52 degrees 36 minutes West 207.8 feet; thence North 47 degrees 28 minutes West 140.1 feet; thence North 59 degrees 47 minutes West 55.1 feet; thence North 04 degrees 40 minutes West 39.4 feet; thence North 68 degrees 23 minutes West 75.1 feet; thence North 71 degrees 10 minutes West 99.3 feet; thence North 66 degrees 43 minutes West 50.5 feet to the North line of said Land Lot 300, the same being the South line of said Land Lot 277; thence continuing North 66 degrees 43 minutes West 36.8 feet; thence North 21 degrees 58 minutes West 178.5 feet; thence North 55 degrees 27 minutes West 109.5 feet; thence North 22 degrees 49 minutes West 52.4 feet; thence North 30 degrees
Page 4949
West 58 feet; thence North 62 degrees 26 minutes West 53.7 feet; thence North 06 degrees 14 minutes East 2.1 feet to a point on the South right-of-way line of Wheeler Road, also known as McCarter Road; thence crossing said road North 06 degrees 14 minutes East 44.3 feet to a point on the North line of said road; thence North 06 degrees 14 minutes East 18.6 feet; thence North 41 degrees 22 minutes West 136.7 feet; thence North 15 degrees 52 minutes West 142.3 feet; thence North 20 degrees 29 minutes West 134.5 feet; thence North 43 degrees 40 minutes West 103.2 feet; thence North 17 degrees 28 minutes West 65.1 feet; thence North 45 degrees 23 minutes West 109.1 feet; thence North 00 degrees 13 minutes West 69.1 feet; thence North 16 degrees 50 minutes West 99 feet; thence North 30 degrees 55 minutes West 72 feet; thence North 30 degrees 55 minutes West 25.4 feet; thence North 54 degrees 15 minutes West 62.2 feet; thence North 65 degrees 20 minutes West 51 feet; thence North 24 degrees 44 minutes West 70.7 feet; thence North 12 degrees 12 minutes East 83.7 feet; thence North 21 degrees 25 minutes West 64.3 feet; thence North 01 degree 51 minutes West 87.2 feet; thence North 06 degrees 15 minutes West 117.6 feet; thence North 26 degrees 10 minutes West 78 feet; thence North 09 degrees 24 minutes West 114.1 feet; thence North 17 degrees 31 minutes West 53.2 feet; thence North 48 degrees 04 minutes West 37.8 feet; thence North 01 degree 37 minutes East 14 feet; thence North 88 degrees 23 minutes West 16.5 feet; thence South 06 degrees 09 minutes West 104.5 feet; thence South 03 degrees 26 minutes West 168.1 feet; thence South 13 degrees 02 minutes West 82 feet; thence South 16 degrees 34 minutes West 73.5 feet; thence South 01 degree 22 minutes East 104.3 feet; thence South 09 degrees 23 minutes East 58 feet; thence South 06 degrees 34 minutes West 62.1 feet; thence South 33 degrees 46 minutes East 154.4 feet; thence South 06 degrees 27 minutes West 43 feet; thence South 08 degrees 13 minutes East 57.5 feet; thence South 29 degrees 52 minutes East 82.8 feet; thence South 24 degrees 47 minutes West 106.6 feet; thence South 18 degrees 30 minutes East 85.5 feet; thence South 64 degrees 45 minutes East 59.3 feet; thence South 35 degrees 08 minutes East 96.3 feet; thence South 43 degrees 54 minutes East 89.5 feet; thence South 32 degrees 42 minutes West 57.9 feet; thence South 28 degrees 48 minutes West 35.7 feet;
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thence South 14 degrees 12 minutes East 51.8 feet; thence South 09 degrees 03 minutes East 79.8 feet; thence South 22 degrees 19 minutes East 100.1 feet; thence South 33 degrees 19 minutes East 68.8 feet; thence South 40 degrees 18 minutes East 81.6 feet; thence South 14 degrees 43 minutes East 14 feet to a point on the Northerly line of Wheeler Road, also known as McCarter Road; thence crossing said road South 14 degrees 43 minutes East 40.9 feet to a point on the South line of said Road; thence South 14 degrees 43 minutes East 10.9 feet; thence South 08 degrees 22 minutes West 84.2 feet; thence South 29 degrees 33 minutes West 90.7 feet; thence South 23 degrees 28 minutes West 60.8 feet; thence South 21 degrees 29 minutes East 186.1 feet; thence South 21 degrees 30 minutes West 38 feet; thence South 40 degrees 26 minutes West 105.6 feet; thence North 85 degrees 55 minutes West 126.2 feet; thence South 28 degrees 12 minutes West 30.9 feet; thence South 10 degrees 58 minutes East 72.1 feet; thence South 69 degrees 45 minutes East 67.1 feet; thence North 74 degrees 37 minutes East 154.6 feet; thence South 86 degrees 57 minutes East 73.8 feet; thence South 15 degrees 16 minutes East 75.9 feet; thence North 60 degrees 11 minutes East 82.5 feet; thence South 63 degrees 01 minute East 46.9 feet; thence South 28 degrees 12 minutes East 83.6 feet; thence South 85 degrees 35 minutes East 39.7 feet; thence South 42 degrees 58 minutes East 48.2 feet; thence South 58 degrees 26 minutes East 105.3 feet; thence South 58 degrees 20 minutes East 134.5 feet; thence South 25 degrees 22 minutes East 39.6 feet; thence South 86 degrees 40 minutes East 127.4 feet; thence South 47 degrees 53 minutes East 134.7 feet; thence South 25 degrees 47 minutes East 86.5 feet; thence South 27 degrees 47 minutes West 130.9 feet; thence South 19 degrees 04 minutes East 105.4 feet; thence South 28 degrees 25 minutes East 108.3 feet; thence South 18 degrees 58 minutes East 7.18 feet; thence South 30 degrees 14 minutes West 264.6 feet; thence South 16 degrees 41 minutes East 167.1 feet; thence South 54 degrees 59 minutes West 171.9 feet; thence South 02 degrees 09 minutes East 222.5 feet; thence South 01 degree 02 minutes West 110 feet; thence South 24 degrees 52 minutes West 83 feet; thence South 55 degrees 08 minutes West 56 feet; thence South 69 degrees 49 minutes West 113.6 feet; thence South 19 degrees 39 minutes East 151 feet; thence South 13 degrees
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43 minutes West 53.5 feet; thence South 03 degrees 35 minutes West 79.1 feet; thence South 03 degrees 48 minutes East 72.4 feet; thence South 19 degrees 24 minutes East 128.9 feet; thence South 20 degrees 48 minutes West 106.6 feet; thence South 37 degrees 38 minutes West 97.7 feet; thence South 31 degrees 42 minutes West 80.6 feet; thence South 05 degrees 44 minutes West 136.4 feet; thence South 16 degrees 40 minutes West 83.9 feet; thence South 35 degrees 35 minutes West 138.8 feet; thence South 68 degrees 34 minutes West 74 feet; thence South 79 degrees 50 minutes West 72.1 feet; thence North 73 degrees 04 minutes West 66.3 feet; thence North 37 degrees 53 minutes West 65.2 feet; thence North 23 degrees 12 minutes West 133.9 feet; thence South 71 degrees 56 minutes West 138.1 feet; thence South 26 degrees 52 minutes West 33 feet; thence South 05 degrees 15 minutes East 72.9 feet; thence South 25 degrees 44 minutes East 160.4 feet; thence South 84 degrees 19 minutes West 133.7 feet; thence North 74 degrees 11 minutes West 187.3 feet; thence North 46 degrees 57 minutes West 219.7 feet; thence North 29 degrees 32 minutes West 232.8 feet; thence North 07 degrees 46 minutes West 146.4 feet; thence North 65 degrees 42 minutes West 68.9 feet; thence North 16 degrees 46 minutes West 183.7 feet; thence North 42 degrees 18 minutes West 62.9 feet; thence North 22 degrees 28 minutes West 131.2 feet; thence North 36 degrees 10 minutes West 40.8 feet; thence North 09 degrees 39 minutes East 8.9 feet to the North line of Said Land Lot 314, the same being the South line of said Land Lot 299; thence North 09 degrees 39 minutes East 74.1 feet; thence North 58 degrees 54 minutes West 56.1 feet; thence North 01 degree 32 minutes East 70.1 feet; thence North 37 degrees 07 minutes East 75.6 feet; thence North 46 degrees 37 minutes West 45.6 feet; thence North 87 degrees 17 minutes West 47 feet; thence North 11 degrees 09 minutes West 64.4 feet; thence North 68 degrees 04 minutes West 83.2 feet; thence North 23 degrees 20 minutes West 51.4 feet; thence North 17 degrees 59 minutes West 170 feet; thence North 23 degrees 45 minutes West 98.4 feet; thence North 38 degrees 05 minutes West 88.7 feet; thence North 24 degrees 14 minutes West 168.9 feet; thence North 38 degrees 14 minutes West 79.5 feet; thence North 40 degrees 14 minutes West 75.7 feet; thence South 86 degrees 20 minutes West 33.6 feet; thence South 09 degrees 15 minutes
Page 4952
East 141.2 feet; thence South 15 degrees 45 minutes East 152.4 feet; thence South 05 degrees 20 minutes East 95.4 feet; thence South 19 degrees 40 minutes West 61.4 feet; thence South 48 degrees 32 minutes East 100.2 feet; thence South 13 degrees 18 minutes East 193.8 feet; thence South 23 degrees 48 minutes East 84.8 feet; thence South 31 degrees 28 minutes East 91 feet; thence South 06 degrees 28 minutes East 39.6 feet; thence South 08 degrees 45 minutes West 59.4 feet; thence South 33 degrees 10 minutes West 171.7 feet; thence South 40 degrees 06 minutes East 98 feet; thence South 79 degrees 38 minutes East 93.9 feet; thence South 18 degrees 51 minutes East 114.4 feet; thence South 14 degrees 04 minutes West 176.6 feet; thence South 48 degrees 31 minutes West 49.4 feet; thence South 43 degrees 17 minutes East 78.6 feet; thence South 49 degrees 55 minutes East 132.2 feet; thence South 22 degrees 39 minutes east 135.1 feet; thence South 17 degrees 07 minutes East 115.5 feet; thence South 67 degrees 16 minutes West 112.1 feet; thence South 61 degrees 02 minutes West 435.1 feet; thence South 77 degrees 07 minutes West 127 feet; thence South 84 degrees 33 minutes West 156.6 feet; thence South 63 degrees 36 minutes West 90.1 feet; thence South 05 degrees 42 minutes West 62.4 feet; thence North 86 degrees 45 minutes East 238.9 feet; thence South 89 degrees 39 minutes East 181.4 feet; thence North 58 degrees 15 minutes East 100.6 feet; thence North 79 degrees 30 minutes East 64.7 feet; thence South 30 degrees 14 minutes East 76.8 feet; thence North 81 degrees 14 minutes East 54.1 feet; thence North 39 degrees 15 minutes East 84.1 feet; thence North 63 degrees 33 minutes East 148.6 feet; thence South 84 degrees 58 minutes East 126.4 feet; thence South 17 degrees 23 minutes East 87.4 feet; thence North 22 degrees 09 minutes East 62.2 feet; thence South 83 degrees 07 minutes East 91 feet; thence South 42 degrees 33 minutes East 178.7 feet; thence South 35 degrees 07 minutes East 121.3 feet; thence South 51 degrees 19 minutes East 196.1 feet; thence South 28 degrees 16 minutes East 84.1 feet; thence South 10 degrees 09 minutes East 100.5 feet; thence South 13 degrees 01 minute West 87.6 feet; thence South 32 degrees 03 minutes West 165.4 feet; thence North 83 degrees 06 minutes West 96.2 feet; thence South 20 degrees 24 minutes West 300 feet; thence South 45 degrees 42 minutes East 544.9 feet to a point which
Page 4953
is identified as Reference Point `B' in the description of Parcel `A' of the property described in the deed from J.T. Rhyne and J. Morton Rhyne to City of LaFayette, Georgia, dated December 5, 1974, recorded in Deed Book 403, page 635 of the Deed Records of Walker County, Georgia; thence continuing South 45 degrees 42 minutes East 25.1 feet to the center line of Chattooga Creek; thence Southerly along and with the center line of Chattooga Creek 750 feet, more or less, to the Southwest corner of the property described as Parcel `A' in the aforesaid deed from J. T. Rhyne and J. Morton Rhyne to City of LaFayette, Georgia; thence continuing along the center line of said Creek a distance of 15 feet, more or less, to what would be the Southwesternmost corner of the property described as Parcel `B' of the property so conveyed by J. T. Rhyne and J. Morton Rhyne to City of LaFayette, Georgia, by the aforesaid deed; thence South 77 degrees 21 minutes East 25 feet, more or less, to the Easterly bank of Chattooga Creek; thence South 77 degrees 21 minutes East 257.5 feet; thence South 77 degrees 27 minutes East 101 feet; thence South 82 degrees 52 minutes East 100.2 feet; thence South 84 degrees 37 minutes East 122.7 feet; thence South 85 degrees 48 minutes East 300.8 feet; thence South 88 degrees 05 minutes East 100.3 feet; thence North 76 degrees 56 minutes East 302.7 feet; thence North 71 degrees 58 minutes East 115.2 feet; thence North 68 degrees 29 minutes East 398.8 feet; thence North 69 degrees 21 minutes East 290.4 feet; thence South 05 degrees 07 minutes East 451.3 feet to an iron pipe located on the Northerly line of Round Pond Road; thence North 56 degrees 13 minutes East along the Northerly line of said Road 57 feet to an iron pipe which is located at the Southwest corner of the property of Mrs. Clark Sosebee, which is the beginning point. Also, a parcel of land located in Land Lot 277 in the 8th District and 4th Section of Walker County, Georgia, which said parcel adjoins the above described Lake property on the Westerly side thereof, which said parcel is more particularly described as follows: START at the point where the West line of the above described City Lake property intersects the Northerly line of Wheeler Road, also known as McCarter Road, and from said starting point running thence North 14 degrees 43 minutes West 14 feet; thence North 40 degrees 18
Page 4954
minutes West 81.6 feet; thence North 33 degrees 19 minutes West 68.8 feet; thence North 22 degrees 19 minutes West 100.1 feet; thence North 09 degrees 03 minutes West 70 feet; thence North 01 degree 51 minutes East 91.2 feet to the beginning point of the property herein described, and from said beginning point running thence North 32 degrees 42 minutes East 57.9 feet; thence North 43 degrees 54 minutes West 89.5 feet; thence North 35 degrees 08 minutes West 96.3 feet; thence North 64 degrees 45 minutes West 59.3 feet; thence North 18 degrees 30 minutes West 85.5 feet; thence South 77 degrees 50 minutes West along the South line of the property of Mrs. Bettye Armistead Jones a distance of 40 feet, more or less, to the original West line of said Land Lot 277; thence South along the West line of said Land Lot a distance of 281 feet, more or less, to the North line of property formerly owned by John L. Gray, now owned by Stephen T. Gilbreath; thence East along the North line of said Gilbreath property 210 feet, more or less, to the beginning point. Said latter tract is the same property conveyed by Frank Keown to City of LaFayette, Georgia, by warranty deed dated January 7, 1974, recorded in Deed Book 391, page 38 of the Deed Records of Walker County, Georgia. Also, that property in Land Lot 300 in the 8th District and 4th Section in Green Forest Subdivision and being all of Lots Numbers 11, 15, 16, 17, 18, 31, 32, 33, 39, 40 and 41 of said subdivision as shown on plat recorded in Plat Book 6, page 19 in the Office of the Clerk of the Superior Court of Walker County, Georgia (a portion of said Lots Numbers 15, 16, 17 and 18 are included within said Queen City Lake property described above). Also, all that tract or parcel of land situate, lying and being in Land Lot 28 and Land Lot 29 in the 7th District and 4th Section of Walker County, Georgia, and being more particularly described as follows: BEGINNING at the original Northwest corner of said Land Lot 28 and from said beginning point running thence East along the North line of said Land Lot to the point where the same is intersected by the East right-of-way line of the Central of Georgia Railroad; thence continuing East along said Land Lot line a distance of 20 feet; thence Southerly to a point on the South right-of-way
Page 4955
line of Indiana Avenue, which point is South 82 degrees 22 minutes 44 seconds east a distance of 20 feet from the point where the South line of Indiana Avenue intersects the Easterly right-of-way line of said Railroad; thence South 15 degrees 23 minutes 6 seconds West 80 feet; thence South 26 degrees 32 minutes 8 seconds East 325 feet; thence South 27 degrees 54 minutes 58 seconds East 135 feet; thence South 12 degrees 43 minutes 58 seconds East 144 feet; thence South 9 degrees 37 minutes 43 seconds East 149 feet; thence South 6 degrees 32 minutes 19 seconds East 80 feet; thence South 3 degrees 26 minutes 40 seconds East 333.4 feet; thence South 12 degrees 30 minutes 44 seconds East 42 feet; thence South 40 degrees 27 minutes 34 seconds East 38 feet; thence South 27 degrees 43 minutes 4 seconds West 228.64 feet to the Northeast corner of property of Walker County Board of Education; thence along the East line of said Board of Education property south 17 degrees 59 minutes West 322 feet, and thence South 25 degrees 25 minutes East 392 feet, more or less, to the West line of First Street; thence Southerly along the Westerly line of First Street 692 feet, more or less, to the Northwest corner of the intersection of First Street and Culberson Avenue; thence North 84 degrees West along the North line of Culberson Avenue 315 feet; thence North 1 degree 58 minutes West 208 feet; thence North 85 degrees 15 minutes West 208 feet to the East right-of-way line of said Central of Georgia Railroad; thence North 2 degrees 40 minutes West along the East right-of-way line of said Railroad 458 feet; thence South 80 degrees 5 minutes West 293 feet, more or less, to a point on the East line of Probasco Street; thence South 2 degrees 55 minutes East along the East line of Probasco Street 62.9 feet to the point where the Easterly line of said Probasco Street intersects the Northeasterly right-of-way line of Cove Road; thence North 69 degrees 19 minutes West, first along the Northerly line of Cove Road and then along the Southerly line of the property shown on the Map of Linwood, Georgia, property of Fred B. Henry, et al., prepared by B. G. Justus dated July 16, 1949, recorded in Plat Book 2, page 231, Clerk's Office, Superior Court, Walker County, Georgia, a total distance of 848.6 feet; thence South 13 degrees 35 minutes West 153.7 feet to a point on the Northerly line of Cove Road; thence North 52 degrees 25 minutes West along the Northerly line of said
Page 4956
road 83.7 feet; thence North 13 degrees 35 minutes East 140 feet; thence North 75 degrees West and continuing along the South line of the property shown as Block Q on said Map of Linwood a distance of 387.2 feet to a point on the West line of said Land Lot 28, which point is approximately 50 feet South of the South line of Jones Street, and which point also was the Southwest corner of the property owned by Union Cotton Mills at the time the Town of Linwood was first incorporated by the State of Georgia; thence North along the West line of said Land Lot 28 a distance of 300 feet; thence due West 990 feet, more or less, to a point on the Northeasterly line of Cove Road, formerly known as the LaFayette and Dug Gap Public Road, said point being approximately 20 feet, measured along the Northeasterly line of Cove Road, Southerly from the point where the Northeasterly line of Cove Road intersects the Southeasterly line of King Street; thence Northwesterly along the Northeasterly line of Cove Road 60 feet, more or less, to the Northeast corner of the intersection of Cove Road and King Street; thence continuing Northwesterly along the Northeasterly line of Cove Road 340 feet to the point where the West line of the property of Grover Cooper and Martha Cooper intersects said Cove Road, the same being the East line of the property of W. E. Middleton, said line also being what was formerly the West boundary line of the lands of Mrs. S. A. Warthen, said line also being an extension in a straight line South of the East line of the lots in E. P. Hall Subdivision (Plat Book 2, page 109, said Clerk's Office) which front on said Cove Road; thence North 1,150 feet, more or less, to the North line of said Land Lot 29; thence East along the North line of said Land Lot 29 to the beginning point. There is excepted from the above described property and not included within said City boundaries the following described tract located in Land Lot 48 in the 7th District and 4th Section of Walker County, Georgia, said tract being described as follows: BEGINNING at a point on the West line of said Land Lot 48, said beginning point being 667.5 feet South of the Northwest corner of said Land Lot and from said beginning point running thence North 88 degrees East 945 feet; thence South 7 degrees 45 minutes West 688 feet; thence South 88 degrees 30 minutes West 770 feet to a point on the
Page 4957
West line of said Land Lot 48; thence North along the West line of said Land Lot a distance of 667.5 feet. 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of LaFayette, approved March 26, 1969, (Ga. L. 1969, p. 2298), as amended; and for other purposes. This 31st day of January, 1992. HONORABLE MICHAEL M. SNOW REPRESENTATIVE, 1ST DISTRICT GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger, which is the official organ of Walker County, on the following date: February 12, 1992. /s/ Michael M. Snow Representative, 1st District
Page 4958
Sworn to and subscribed before me, this 14th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1992. HALL COUNTYBOARD OF COMMISSIONERS; VACANCIES; ELECTIONS. No. 661 (House Bill No. 2058). AN ACT To amend an Act creating a Board of Commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, so as to provide the procedure for filling vacancies; to provide that the members of such board of commissioners elected in 1992 and all subsequent elections shall be elected by a majority vote of electors of each respective district; to provide for a qualification date; to provide for applicability; to provide when this Act shall be void and repealed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a Board of Commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, is amended by striking subsection H. of Section 1. in its entirety and substituting in lieu thereof a new subsection H. to read as follows: H. If an office or offices on the board shall become vacant in the manner provided for in this Act, the board of elections of Hall County shall within 30 days of the date of
Page 4959
the vacancy issue a call for a special election to fill said vacancy or vacancies to be held not less than 30 or more than 90 days from the date of the issuance of the call. The board of elections shall have published in the official county organ a notice of said special election once a week for two weeks prior to the date on which said special election shall be held. Candidates for said vacant office or offices shall qualify with the board of elections, specifying the office for which they are running and thereupon shall be qualified, if otherwise qualified, to run for such specific office and none other in said special election. No candidates shall qualify with the board of elections later than 30 days prior to the date of holding said special election. Section 2 . An Act creating a Board of Commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, is amended by striking from subsection (a) of Section 2A, the following: Candidates for office at the general election held in 1992 and each subsequent election shall be qualified and elected as provided in this section, so that when so amended said section shall read as follows: Section 2A. (a) Beginning on January 1, 1993, the board of commissioners shall be composed of five members, one from each of the four commissioner districts provided for in this Act and one from the county at large who shall be chairman. Persons qualifying as candidates for membership on the board shall designate whether they are qualifying as a candidate for a district membership or for chairman. In order to represent a district, a person must be a resident of said district. Each district commissioner shall be elected by a majority of the electors voting in the respective commissioner's district, and the chairman shall be elected by a majority of the electors voting in the county. Candidates for office at any election, general or special, held in 1992 and each subsequent election shall be qualified and elected as provided in this section.
Page 4960
Section 3 . The provisions of this Act shall apply to all elections for members of the Board of Commissioners of Hall County beginning with any election to be held in 1992; provided, however, that in the event the provisions of this Act are not approved by the United States Department of Justice as required by the federal Voting Rights Act of 1965, as amended, the provisions of this Act shall be null and void and of no force or effect whatsoever. Section 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 1992 Session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Hall County, approved March 21, 1935 (GA. L. 1935, page 661), as amended; and for other purposes. This 21st day of February, 1992. HALL COUNTY BOARD OF COMMISSIONERS By: CURTIS SEGARS GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wyc Orr, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times, which is the official organ of Hall County, on the following date: February 22, 1992. /s/ Wyc Orr Representative, 9th District
Page 4961
Sworn to and subscribed before me, this 5th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1992. BARROW COUNTYBOARD OF EDUCATION; DISTRICTS. No. 662 (House Bill No. 1465). AN ACT To amend an Act providing authority for members of the Board of Education of Barrow County, approved April 19, 1971 (Ga. L. 1971, p. 3919), as amended, particularly by an Act approved January 29, 1988 (Ga. L. 1988, p. 3501), so as to reapportion the education districts; to provide for definitions and insertions; to provide that all members of the board shall complete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing authority for members of the Board of Education of Barrow County, approved April 19, 1971 (Ga. L. 1971, p. 3919), as amended, particularly by an Act approved January 29, 1988 (Ga. L. 1988, p. 3501), is amended by striking subsections (a) and (b) of Section 2 and inserting new subsections to read as follows:
Page 4962
(a) On and after January 1, 1993, the Board of Education of Barrow County, sometimes referred to in this section as the `board,' shall be composed of nine members. One member shall be elected from each education district as provided in this section. (b) (1) For purposes of electing members of the Board of Education of Barrow County under this section, Barrow County shall be divided into nine education districts as follows: Education District: 1 BORROW COUNTY VTD: 0007 STATHAM Education District: 2 BARROW COUNTY VTD: 0008 CHANDLER (Part) Tract: 1803. Block(s): 207, 208, 213, 214, 215, 216, 217, 221, 222, 223, 224, 225, 226, 227, 235, 239, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 257, 258, 259, 260, 261, 262, 263, 264, 265 Tract: 1804. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134B, 143, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 197B, 205, 207, 208, 209, 210, 211, 212, 213 VTD: 0009 HOUSE 2 (Part) Tract: 1803. Block(s): 101, 102, 103, 104, 105, 106, 144, 145, 146, 147, 148, 149A, 149B, 150, 151, 152, 153, 154, 155A, 155B, 155C, 156, 157, 158, 159, 201, 202, 203, 204, 205, 206, 209, 210, 211, 212, 218, 219A, 219B, 219C, 219D, 219E, 219F, 219G, 220, 228, 229, 230, 231, 232A, 232B, 234, 271A, 271B, 272, 273, 274A, 274B, 275, 276, 282A, 282B, 283
Page 4963
Education District: 3 BARROW COUNTY VTD: 0005 BETHLEHEM (Part) Tract: 1805. Block(s): 201, 202, 203A, 203B, 204, 215, 216, 217, 218, 219A, 219B, 220, 221, 222, 223, 224A, 224B, 225A, 225B, 225C, 226, 227A, 227B, 227C, 228, 229, 230A, 230B, 231, 232, 233, 249, 250, 251A, 251B, 252A, 252B, 253A, 253B, 254A, 254B, 254C, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 301A, 301B, 301C, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 415, 416, 417, 422, 423, 424, 425 VTD: 0006 JONES VTD: 0008 CHANDLER (Part) Tract: 1803. Block(s): 233B, 236, 237, 238, 240, 241, 255 VTD: 0010 HOUSE 1 (Part) Tract: 1802. Block(s): 113A, 113B, 113C, 113D, 113E, 113F, 114, 115, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140 Tract: 1803. Block(s): 256, 266, 267, 268, 269, 270 Tract: 1805. Block(s): 418, 419, 420A, 420B, 421 Education District: 4 BARROW COUNTY VTD: 0009 HOUSE 2 (Part) Tract: 1802. Block(s): 301A, 301B, 310, 311, 314, 315, 318, 319, 336, 338, 505A, 505B, 506A, 506B, 506C, 507A, 507B, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547 Tract: 1803.
Page 4964
Block(s): 135, 136A, 137, 277, 278, 279, 280, 281 VTD: 0010 HOUSE 1 (Part) Tract: 1802. Block(s): 102, 109, 110, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456 Education District: 5 BARROW COUNTY VTD: 0005 BETHLEHEM (Part) Tract: 1802. Block(s): 232A, 232B, 232C, 233A, 233B Tract: 1805. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248 VTD: 0010 HOUSE 1 (Part) Tract: 1802. Block(s): 101A, 101B, 103, 104, 105, 106A, 106B, 106C, 107, 108, 111A, 111B, 111B, 111C, 112A, 112B, 116, 117, 118, 119, 120, 121, 122, 123, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 206, 226, 227, 228, 229, 230, 231A, 231B, 432, 433, 457, 459, 460, 461, 462, 463, 464, 465, 466 Tract: 1803. Block(s): 233A, 233C Education District: 6 BARROW COUNTY VTD: 0001 CAINS VTD: 0002 PENTECOST (Part) Tract: 1801. Block(s): 222, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248 Tract: 1803. Block(s): 108, 109, 110, 111, 112, 119, 120, 121, 122,
Page 4965
123, 124, 125, 126, 127, 128, 129 VTD: 0003 AUBURN (Part) Tract: 1801. Block(s): 105, 110, 111A, 112A, 112B, 112D, 113 VTD: 0009 HOUSE 2 (Part) Tract: 1802. Block(s): 303, 304, 305, 330A, 330B, 332, 501A, 501B, 501C, 502A, 502B, 503, 504A, 504B, 504C Tract: 1803. Block(s): 107, 113, 114, 115, 116, 117A, 117B, 117C, 117D, 118A, 118B, 118C, 130, 131, 132, 133A, 133B, 134, 136B, 139, 140A, 140B, 141A, 141B Education District: 7 BARROW COUNTY VTD: 0004 BEN SMITH (Part) Tract: 1801. Block(s): 178, 179, 180, 181, 182, 188, 189, 190, 191, 192 Tract: 1802. Block(s): 213, 214, 215, 223, 224, 225 Tract: 1805. Block(s): 101, 102, 103, 105, 109, 110, 111, 112, 113, 114, 115, 116, 121 VTD: 0005 BETHLEHEM (Part) Tract: 1805. Block(s): 108, 117, 118, 119, 120, 122, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137 VTD: 0009 HOUSE 2 (Part) Tract: 1802. Block(s): 302, 306, 307, 308, 309, 312, 313, 316, 317, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329A, 329B, 329C, 331, 333, 334, 335, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352A, 352B, 353, 358, 427, 428, 429, 430A, 435A, 458A, 548, 549 Tract: 1803. Block(s): 138, 142, 143 VTD: 0010 HOUSE 1 (Part)
Page 4966
Tract: 1802. Block(s): 205A, 205B, 205C, 207, 208A, 208B, 209, 210, 211, 212, 216, 217, 218, 219, 220, 221, 222, 355, 356A, 356B, 357, 430B, 431, 434, 435B, 458B, Tract: 1805. Block(s): 104, 106A, 106B, 107 Education District: 8 BARROW COUNTY VTD: 0003 AUBURN (Part) Tract: 1801. Block(s): 106, 107A, 107B, 108A, 108B, 108C, 108D, 109A, 109B, 109C, 112C, 122A, 122B, 122C, 124, 125A, 125B, 125D, 125E, 126, 127, 128A, 128C, 129A, 129C, 133A, 133B, 133C, 133D, 134A, 134B, 134C, 134D, 134E, 134F, 135A, 135B, 135C, 136, 137, 138A, 138B, 138C, 139, 140, 141A, 141B, 141C, 141D, 142A, 142B, 142C, 143A, 143B, 144A, 144B, 145, 146A, 146B, 147, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 320, 321, 322, 323 Education District: 9 BARROW COUNTY VTD: 0002 PENTECOST (Part) Tract: 1801. Block(s): 115, 116, 117 VTD: 0003 AUBURN (Part) Tract: 1801. Block(s): 114A, 114B, 130A, 130B, 130D, 131A, 131B, 131C, 131D, 131E, 132, 148A, 148B, 148C, 149A, 149B, 150A, 150B, 150C, 150D, 313, 314, 315, 316A, 316B, 317, 318, 319, 324, 325, 326 VTD: 0004 BEN SMITH (Part) Tract: 1801. Block(s): 118, 119, 120, 121A, 121B, 123, 125C, 128B, 129B, 130C, 151A, 151B, 152A, 152B, 152C, 152D, 153, 154A, 154B, 155, 156A, 156B, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166,
Page 4967
167, 168A, 168B, 168C, 169A, 169B, 170, 171, 172, 173, 174, 175, 176, 177, 183, 184, 185, 186, 187A, 187B, 193, 194, 195A, 195B, 196, 197 Tract: 1802. Block(s): 354 (2) For purposes of this section: (A) The term `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (B) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (C) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (D) Any part of Barrow County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (E) Any part of Barrow County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous
Page 4968
part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Said Act is further amended by striking subsection (d) of Section 2 and inserting a new subsection to read as follows: (d) (1) Members of the board elected under previously existing provisions of this Act shall complete the terms for which they were elected and shall serve until their successors are elected and qualified. (2) Effective on January 1, 1993, the members of the board representing Education Districts 1, 3, 5, 7, and 9, respectively, in accordance with the education districts which become effective in 1993 shall be the former members of the board of education representing Education Districts 1, 3, 5, 7, and 9 who were elected at the general election in 1990 under previously existing provisions of this Act, and said members of the board of education so elected shall serve for the terms of office to which they were elected, which shall expire on December 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and shall take office on January 1, 1995, for terms of four years and until their successors are elected and qualified. (3) The members representing Education Districts 2, 4, 6, and 8 shall be elected at the general election of 1992 and shall take office on January 1, 1993, for terms of four years and until their successors are elected and qualified. (4) Successors to the members elected under paragraphs (2) and (3) of this subsection and future successors shall be elected, at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day in January immediately
Page 4969
following their election for terms of four years and until their successors are elected and qualified. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Barrow County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4 . Except for the provisions of this Act relating to and necessary for the election of the members of the board of education of Barrow County in 1992, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of education shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act providing authority for members of the Board of Education of Barrow County, approved April 10, 1971 (Ga. L. 1971, p. 3919), as amended by an Act approved January 29, 1988 (Ga. L. 1988, p. 3501), so as to reapportion the education districts for members of the school board and for other purposes. This 15th day of January, 1992. Honorable John Mobley Representative, 64th District
Page 4970
GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John O. Mobley, Jr., who, on oath, deposes and says that he is Representative from the 64th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Winder News, which is the official organ of Barrow County, on the following date: January 15, 1992. /s/ John O. Mobley, Jr. Representative, 64th District Sworn to and subscribed before me, this 4th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 23, 1992. BARROW COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 663 (House Bill No. 1719). AN ACT To amend an Act re-creating and establishing a Board of Commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended, particularly by an Act approved February 28, 1988 (Ga. L. 1988, p. 3585), so as to reapportion the commissioner districts; to provide for insertions and deletions; to provide that all members of the board shall complete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for submission of this Act to the United States Attorney General; to repeal this
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Act in the event of a certain contingency; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act re-creating and establishing a Board of Commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended, particularly by an Act approved February 28, 1988 (Ga. L. 1988, p. 3585), is amended by striking in its entirety Section 4 and inserting a new section to read as follows: Section 4. (a) For the purposes of electing the members of the board other than the chairperson, Barrow County shall be divided into six commissioner districts as follows: COMMISSIONER DISTRICT 1 Beginning at the intersection of the southerly right-of-way of Fred Kilcrease Road with the Apalachee River; thence in a north northeasterly direction along the southerly right-of-way of Fred Kilcrease Road to its intersection with easterly right-of-way of Patrick Mill Road; thence in a northerly direction along the easterly right-of-way Patrick Mill Road to the intersection with southerly right-of-way Bill Rutledge Road; thence in an easterly direction along the southerly right-of-way of Bill Rutledge Road to its intersection with the boundary of the City of Winder; thence in a northerly direction along boundary of the City of Winder to its intersection with the easterly right-of-way of Lakeview Drive; thence in a northerly direction along the easterly right-of-way of Lakeview Drive to its intersection with the southerly right-of-way of State Highway 8, also known as West May Street; thence in an easterly direction along the southerly right-of-way of State Highway 8 to its intersection with the westerly right-of-way of Center Street; thence in a southerly direction along the westerly right-of-way to its intersection with the southerly right-of-way of Lily Drive; thence in an easterly direction along the southerly right-of-way of Lily Drive to its intersection
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with the southerly right-of-way of Lee Street; thence in an southeasterly direction along the southerly right-of-way of Lee Street to its intersection with the easterly right-of-way Maynard Street; thence in a northeasterly direction along the easterly right-of-way of Maynard Street to its intersection with the southerly right-of-way of Second Street; thence in an easterly direction along the southerly right-of-way of Second Street to its intersection with the easterly right-of-way of Wade Street; thence in a northerly direction along the easterly right-of-way of Wade Street to its intersection with the southerly right-of-way of South Williams Street; thence in an easterly direction along the southerly right-of-way of South Williams Street to its intersection with the northerly right-of-way of State Highway 8, also known as East May Street; thence in a westerly direction along the northerly right-of-way of State Highway 8 to its intersection with the easterly right-of-way of Mill Street; thence in a northerly direction along the easterly right-of-way of Mill Street to its intersection with the southerly right-of-way of Athens Street; thence in a southeasterly direction along the southerly right-of-way of Athens Street to its intersection with the westerly right-of-way of King Street; thence in a northeasterly direction along the westerly right-of-way of King Street to its intersection with the southerly right-of-way of Wright Street; thence in a east southeasterly direction along the southerly right-of-way of Wright Street to its intersection with the westerly right-of-way of Pickle Simon Road; thence in a southerly direction along the westerly right-of-way of Pickle Simon Road to its intersection with the westerly right-of-way Cliff Day Road; thence in a southerly direction along the westerly right-of-way of Cliff Day Road to its intersection with the northerly right-of-way of State Highway 8; thence in a westerly direction along the northerly right-of-way of State Highway 8 to its intersection with the westerly right-of-way Bert Day Road; thence in a southerly direction along the westerly right-of-way of Bert Day Road to its intersection with the northerly right-of-way of State Highway 53; thence in a westerly direction along the northerly right-of-way of State Highway 53 to its intersection with the westerly right-of-way of Golf Course
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Road; thence in a southerly direction along the westerly right-of-way of Golf Course Road to its intersection with the northerly right-of-way of the Plantation Pipe Line; thence in a westerly direction along the northerly right-of-way of the Plantation Pipe Line to its intersection with the easterly right-of-way of Corinth Church Road; thence in a northerly direction along the easterly right-of-way of Corinth Church Road to its intersection with the easterly right-of-way of State Highway 11; thence in a southerly direction along the easterly right-of-way of State Highway 11 to its intersection with the easterly right-of-way of Harry McCarty Road; thence in a southerly direction along the easterly right-of-way of Harry McCarty Roads to its intersection with the easterly right-of-way of Briscoe Mill Road; thence in a southerly direction along the easterly right-of-way Briscoe Mill Road to its intersection with Dillard Creek; thence in an easterly direction along Dillard Creek to its intersection with the westerly right-of-way of State Highway 11; thence in a southerly direction along the westerly right-of-way of State Highway 11 to its intersection with the Apalachee River; thence in a westerly direction along the Apalachee River to its intersection with the southerly right-of-way of Fred Kilcrease Road, the true point of beginning. COMMISSIONER DISTRICT 2 Beginning at the intersection of the westerly right-of-way of State Highway 11 with the Apalachee River; thence in a northerly direction along the westerly right-of-way State Highway 11 to its intersection with Dillard Creek; thence in a westerly direction along Dillard Creek to its intersection with the easterly right-of-way of Briscoe Mill Road; thence in a northerly direction along the easterly right-of-way Briscoe Mill Road to its intersection with easterly right-of-way of Harry McCarty Road; thence in a northerly direction along the easterly right-of-way of Harry McCarty Road to its intersection with easterly right-of-way of State Highway 11; thence in a northerly direction along the easterly right-of-way State Highway 11 to its intersection with the easterly right-of-way of Corinth Church Road; thence in a southerly direction along the easterly right-of-way of Corinth Church
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Road to its intersection with the northerly right-of-way of the Plantation Pipe Line; thence in a easterly direction along the northerly right-of-way of the Plantation Pipe Line to its intersection with the westerly right-of-way of Golf Course Road; thence in northerly direction along the westerly right-of-way of Golf Course Road to its intersection with northerly right-of-way of State Highway 53; thence in a easterly direction along the northerly right-of-way of State Highway 53 to its intersection with westerly right-of-way of Bert Day Road; thence in a northerly direction along the westerly right-of-way of Bert Day Road to its intersection with northerly right-of-way of State Highway 8; thence in a easterly direction along the northerly right-of-way of State Highway 8 to its intersection with the westerly right-of-way of Cliff Day Road; thence in a northerly direction along the westerly right-of-way of Cliff Day Road to its intersection with the westerly right-of-way of Pickle Simon Road; thence in a northerly direction along the westerly right-of-way of Pickle Simon Road to its intersection with the southerly right-of-way of Wright Street; thence in a west northwesterly direction along southerly right-of-way of Wright Street to its intersection with the easterly right-of-way of Broad Street; thence in a northerly direction along the easterly right-of-way of Broad Street to its intersection with the southerly right-of-way of State Highway 11; thence in a northeasterly direction along the southerly right-of-way of State Highway 11 to its intersection with the westerly right-of-way of Pendergrass Road; thence in a northerly direction along the westerly right-of-way of Pendergrass Road to its intersection with the northerly right-of-way of Old Pendergrass Road; thence in a northwesterly direction along the northerly right-of-way of Pendergrass Road to its intersection with the southerly right-of-way of the Georgia Power Transmission Line; thence in a easterly direction along the southerly right-of-way of Georgia Power Transmission Line to its intersection with the westerly right-of-way of Pendergrass Road; thence in a northerly direction along the westerly right-of-way of Pendergrass Road to its intersection with the southerly right-of-way of Rockwell Church Road;
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thence in a westerly direction along the southerly right-of-way of Rockwell Church Road to its intersection with the easterly right-of-way of State Highway 53; thence in a northerly direction along the easterly right-of-way of State Highway 53 to its intersection with the Mulberry River; thence in a easterly direction along the Mulberry River to its intersection with the westerly right-of-way of Hancock Bridge Road; thence in a southwesterly direction along the westerly right-of-way of Hancock Bridge Road to its intersection with the easterly right-of-way of Pleasant Hill Church Road; thence in a southerly direction along the easterly right-of-way of Pleasant Hill Church Road to its intersection with the westerly right-of-way of Bowman Mill Road; thence in a southerly direction along the westerly right-of-way of Bowman Mill Road to its intersection with the westerly right-of-way Jackson Trail Road; thence in a southerly direction along the westerly right-of-way of Jackson Trail Road to its intersection with the northerly right-of-way of State Highway 324; thence in an westerly direction along the northerly right-of-way of State Highway 324 to its intersection with the westerly right-of-way of Bethlehem Church Road; thence in a southwesterly direction along the westerly right-of-way of Bethlehem Church Road to its intersection with northerly right-of-way of Manning Gin Road; thence in an easterly direction along the northerly right-of-way of Manning Gin Road to its intersection with the easterly right-of-way of Yearwood Road; thence in a southerly direction along the easterly right-of-way of Yearwood Road to its intersection with Yearwood Creek; thence in a southeasterly direction along Yearwood Creek to its intersection with the Apalachee River; thence in a west southwesterly direction along the Apalachee River to its intersection with the westerly right-of-way State Highway 11, the true point of beginning. COMMISSIONER DISTRICT 3 Beginning at the intersection of Yearwood Creek and the Apalachee River; thence in a northwesterly direction along Yearwood Creek to its intersection with the easterly
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right-of-way of Yearwood Road; thence in a northerly direction along the easterly right-of-way of Yearwood Road to its intersection with the northerly right-of-way of Manning Gin Road; thence in a westerly direction along the northerly right-of-way of Manning Gin Road to its intersection with the westerly right-of-way of Bethlehem Church Road; thence in a northeasterly direction along the westerly right-of-way of Bethlehem Church Road to its intersection with the northerly right-of-way of State Highway 324; thence in a easterly direction along the northerly right-of-way of State Highway 324 to its intersection with the westerly right-of-way of Jackson Trail Road; thence in a northerly direction along the westerly right-of-way of Jackson Trail Road to its intersection with the westerly right-of-way of Bowman Mill Road; thence in a northerly direction along the westerly right-of-way of Bowman Mill Road to its intersection with the easterly right-of-way of Pleasant Hill Church Road; thence in a northerly direction along the easterly right-of-way of Pleasant Hill Church Road to its intersection with the westerly right-of-way of Hancock Bridge Road; thence in a northeasterly direction along the westerly right-of-way of Hancock Bridge Road to its intersection with the Mulberry River; thence in a easterly direction along the Mulberry River to its intersection with the Barrow County Boundary; thence continuing in a southerly direction along the Barrow County Boundary to its intersection with the Apalachee River; thence in a westerly direction along the Apalachee River to its intersection with Yearwood Creek, the true point of beginning. COMMISSIONER DISTRICT 4 Beginning at the intersection of the Apalachee River and the easterly right-of-way of Brown's Bridge Road; thence in a north-easterly direction along the easterly right-of-way of Brown's Bridge Road to its intersection with the northerly right-of-way of the Georgia Power Transmission Line; thence in an easterly direction along the northerly right-of-way of the Georgia Power Transmission Line to its intersection with the boundary of the City of Carl; thence in a westerly direction along the
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boundary of the City of Carl to its intersection with the westerly right-of-way of Carl-Cedar Hill Road; thence in a northeasterly direction along the westerly right-of-way of Carl-Cedar Hill Road to its intersection with the westerly right-of-way of Bee Maxey Road; thence in a northerly direction along the westerly right-of-way of Bee Maxey Road to its intersection with the southerly right-of-way of Dee Kennedy Road; thence in an easterly direction along the southerly right-of-way of Dee Kennedy Road to its intersection with the westerly right-of-way of State Highway 211; thence in a northerly direction along the westerly right-of-way of State Highway 211 to its intersection with the Little Mulberry River; thence in a westerly direction along the Little Mulberry River to its intersection with the easterly right-of-way of Dee Kennedy Road; thence in a northwesterly direction along the easterly right-of-way of Dee Kennedy Road to its intersection with the boundary of Barrow County; thence in a south southeasterly direction along the boundary of Barrow County to its intersection with the Apalachee River; thence in a southeasterly direction along the Apalachee River to its intersection with the easterly right-of-way of Brown's Bridge Road, the true point of beginning. COMMISSIONER DISTRICT 5 Beginning at the intersection of the Apalachee River and the easterly right-of-way of Brown's Bridge Road; thence in a northeasterly direction along the easterly right-of-way of Brown's Bridge Road to its intersection with the northerly right-of-way of the Georgia Power Transmission Line; thence in an easterly direction along the northerly right-of-way of the Georgia Power Transmission Line to its intersection with the boundary of the City of Carl; thence in a westerly direction along the boundary of the city of Carl to its intersection with the westerly right-of-way of Carl-Cedar Hill Road; thence in a northeasterly direction along the westerly right-of-way of Carl-Cedar Hill Road to its intersection with the northerly right-of-way of Rockwell Church Road; thence in an easterly direction along the northerly right-of-way of Rockwell Church Road to its intersection with the
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westerly right-of-way of Miles Patrick Road; thence in a southeasterly direction along the westerly right-of-way of Miles Patrick Road to its intersection with Midland Avenue; thence in a southerly direction along the westerly right-of-way to its intersection with the northerly right-of-way of James Street; thence in a westerly direction along the northerly right-of-way of James Street to its intersection with the easterly right-of-way of Candler Street; thence in a southerly direction along the easterly right-of-way of Candler Street to its intersection with the easterly right-of-way of Betts Street; thence in a southerly direction along the easterly right-of-way of Betts Street to its intersection with the northerly right-of-way of Athens Street, also known as State Highway 211; thence in an easterly direction along the northerly right-of-way of Athens Street to its intersection with the easterly right-of-way of Beulah Street; thence in a southerly direction along the easterly right-of-way Beulah Street to its intersection with the northerly right-of-way of State Highway 8, also known as West May Street; thence in a westerly direction along the northerly right-of-way of State Highway 8 to its intersection with easterly right-of-way of Lakeview Drive; thence in a southerly direction along the easterly right-of-way of Lakeview Drive to its intersection with the boundary of the City of Winder; thence in a southerly direction along the boundary of the City of Winder to its intersection with the southerly right-of-way of Bill Rutledge Road; thence in a westerly direction along the southerly right-of-way of Bill Rutledge Road to its intersection with the easterly right-of-way of Patrick Mill Road; thence in a southerly direction along the easterly right-of-way of Patrick Mill Road to its intersection with the southerly right-of-way of Fred Kilcrease Road; thence in a south southwesterly along the southerly right-of-way of Fred Kilcrease Road to its intersection with Apalachee River; thence in a northwesterly direction along the Apalachee River to its intersection with the easterly right-of-way of Brown's Bridge Road, the true point of beginning. COMMISSIONER DISTRICT 6
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Beginning at the intersection of the easterly right-of-way of Dee Kennedy Road with the boundary of Barrow County; thence in a north northeasterly direction along the boundary of Barrow County to its intersection with the Mulberry River; thence in a southeasterly direction along Mulberry River to its intersection with the easterly right-of-way of State Highway 53; thence in a southerly direction along the easterly right-of-way of Sate Highway 53 to its intersection with the southerly right-of-way of Rockwell Church Road; thence in an easterly direction along the southerly right-of-way of Rockell Church to its intersection with the westerly right-of-way of Pendergrass Road; thence in a southerly direction along the westerly right-of-way of Pendergrass Road to its intersection with the southerly right-of-way of the Georgia Power Transmission Line; thence in a westerly direction along the southerly right-of-way of the Georgia Power Transmission Line to its intersection with the northerly right-of-way of Old Pendergrass Road; thence in a southeasterly direction along the northerly right-of-way of Old Pendergrass Road to its intersection with the westerly right-of-way of Pendergrass Road; thence in a southerly direction along the westerly of Pendergrass Road to its intersection with the southerly right-of-way of State Highway 11; thence in a southwesterly direction along the southerly right-of-way of State Highway 11 to its intersection with the southerly right-of-way of Wright Street; thence in an east southeasterly direction along the southerly right-of-way of Wright Street to its intersection with westerly right-of-way of King Street; thence in a southwesterly direction along the westerly right-of-way of King Street to it intersection with the southerly right-of-way Athens Street; thence in a northewesterly direction along the southerly right-of-way of Athens Street to its intersection with the easterly right-of-way of Mill Street; thence in a southerly direction along the easterly right-of-way of Mill Street to it intersection with the northerly right-of-way of State Highway 8, also known as East May Street; thence in an easterly direction along the northerly right-of-way of State Highway 8 to its intersection with the southerly right-of-way of South Williams Street; thence in a westerly direction along the southerly right-of-way
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of South Williams Street to its intersection with the easterly right-of-way of Wade Street; thence in a westerly direction along the southerly right-of-way of Wade Street to its intersection with the southerly right-of-way of Second Street; thence in a northwesterly direction along the southerly right-of-way of Second Street to its intersection with the easterly right-of-way of Maynard Street; thence in a southwesterly direction along the easterly right-of-way of Maynard Street to its intersection with southerly right-of-way of Lee Street; thence in a northwesterly direction along the southerly right-of-way of Lee Street to its intersection with the southerly right-of-way of Lily Drive; thence in an westerly direction along the southerly right-of-way of Lily Drive to its intersection with the westerly right-of-way of Center Street; thence in a northerly direction along the westerly right-of-way of Center Street to its intersection with the southerly right-of-way of State Highway 8, also known as May Street; thence in a westerly direction along the southerly right-of-way of State Highway 8 to its intersection with the easterly right-of-way of Beulah Street; thence in a northerly direction along the easterly right-of-way of Beulah Street to its intersection with the northerly right-of-way of State Highway 211, also known as Athens Street; thence in a westerly direction along the northerly right-of-way of State Highway 211 to its intersection with the easterly right-of-way of Betts Street; thence in a northerly direction along the easterly right-of-way of Betts Street to its intersection with the easterly right-of-way of Candler Street; thence in a northerly direction along the easterly right-of-way of Candler Street to tis intersection with the northerly right-of-way of James Street; thence in a easterly direction along the northerly right-of-way of James Street to its intersection with westerly right-of-way of Midland Avenue; thence in a northerly direction along the westerly right-of-way of Midland Avenue to its intersection with the westerly right-of-way of Miles Patrick Road; thence in a northwesterly direction along the westerly right-of-way of Miles Patrick Road to its intersection with the northerly right-of-way of Rockwell Church Road; thence in a westerly direction along the northerly right-of-way of
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Rockwell Church Road to its intersection with the westerly right-of-way of Carl-Cedar Hill Road; thence in a westerly direction along the westerly right-of-way of Carl-Cedar Hill Road to its intersection with the westerly right-of-way of Bee Maxey Road; thence in a northerly direction along the westerly right-of-way of Bee Maxey Road to its intersection with the southerly right-of-way of Dee Kennedy Road; thence in a easterly direction along the southerly right-of-way of Dee Kennedy Road to its intersection with the westerly right-of-way of Sate Highway 211; thence in a northerly direction along the westerly right-of-way of State Highway 211 to its intersection with the Little Mulberry River; thence in a westerly direction along the Little Mulberry River to its intersection with the easterly right-of-way of Dee Kennedy Road; thence in a northwesterly direction along the easterly right-of-way of Dee Kennedy Road to its intersection with the boundary of Barrow County, the true point of beginning. (b) For purposes of this section: (1) Any part of Barrow County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (2) Any part of Barrow County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Said Act is further amended by striking Section 5 in its entirety and inserting a new section to read as follows:
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Section 5. (a) Notwithstanding those changes in descriptions of commissioner districts which become effective at the same time this section becomes effective, members of the board shall serve the term for which they were elected or selected if selected to fill a vacancy and until their successors are elected and qualified. (b) Effective on the first Monday in January, 1993, the members of the board representing Commissioner Districts 4, 5, and 6 in accordance with the commissioner districts which become effective in 1993 shall be the former members of the board of commissioners representing Commissioner Districts 4, 5, and 6 who were elected at the general election in 1990 under previously existing provisions of this Act, and said members of the board of commissioners so elected and the chairperson shall serve for the terms of office to which they were elected, which shall expire on December 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and shall take office on January 1, 1995, for terms of four years and until their successors are elected and qualified. (c) The chairperson and members representing Commissioner Districts 1, 2, and 3 shall be elected at the general election of 1992 and shall take office on January 1, 1993, for terms of four years and until their successors are elected and qualified. (d) Successors to the chairperson and members elected under subsections (b) and (c) and future successors shall be elected at the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day in January immediately following their election for terms of four years and until their successors are elected and qualified. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of commissioners of Barrow County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is
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not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4 . Except for the provisions of this Act relating to and necessary for the election of the members of the board of commissioners of Barrow County in 1992, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of commissioners shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act providing authority for members of the Board of Commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended by an Act approved March 31, 1987 (Ga. L. 1987, p. 5018), as amended by an Act approved February 26, 1988 (Ga. L. 1988, p. 3585), so as to reapportion the commission districts for members of the Board of Commissioners and for other purposes. This 20th day of January Honorable John O. Mobley, Jr. Representative, 64th District Honorable Don Holliday Chairman, Barrow County Board of Commissioners Billy Ray White, Jr. Director, G.I.S. and Planning Maps and descriptions of the reapportioned commission districts will be available for review at the Clerk to Board of
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Commissioners office and at the G.I.S. and Planning office, Barrow County Courthouse. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John O. Mobley, Jr., who, on oath, deposes and says that he is Representative from the 64th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Winder News, which is the official organ of Barrow County, on the following date: January 22, 1992. /s/ John O. Mobley, Jr. Representative, 64th District Sworn to and subscribed before me, this 4th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 23, 1992. WALTON COUNTYBOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS; TERMS; RESIDENCY. No. 664 (House Bill No. 1803). AN ACT To amend an Act creating a Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4357), so as to provide new commissioner districts; to provide insertions and definitions; to provide for the election and terms of a chairman and commissioners; to provide
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for residency; to provide for related matters; to provide for submission to the United States Attorney General for approval and conditions for 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 Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4357), is amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows: Section 2. For the purpose of electing members to the Board of Commissioners of Walton County, Walton County is divided into four commissioner districts as follows: Commissioner District: 1 WALTON COUNTY VTD: 0250 CAMPTON VTD: 0414 GRATIS VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1101. Block(s): 222, 231, 232, 235, 236, 270 Tract: 1102. Block(s): 249, 250, 251, 252, 253, 254, 255, 256, 257, 307A, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327 Tract: 1103. Block(s): 101, 102, 103, 104, 105, 106, 107, 108B, 113B, 114B, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130B, 132B, 133B, 134B, 135, 136, 178B, 301, 302, 303B, 304, 306B, 310B, 313B, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330 Tract: 1104. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 115,
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116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130B, 131, 132B, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 201, 202B, 202C, 203, 204B, 204C, 210A, 210B, 234B, 235B, 236, 237, 238, 239, 240, 241B Tract: 1106. Block(s): 101, 120, 121, 122, 123, 124, 125, 128 Tract: 1107. Block(s): 101, 102, 103, 104, 107, 108C, 161, 162, 214, 260, 261, 262, 263, 264, 265 Tract: 1108. Block(s): 101, 102, 137, 138, 139, 140, 141 VTD: 0454 MOUNTAIN VTD: 0559 GOOD HOPE VTD: 1663 BOLD SPRINGS VTD: 1675 WHATLEY (Part) Tract: 1107. Block(s): 105, 106, 155, 156, 157, 158, 159, 160, 246, 252, 253, 254, 255, 256, 257, 258, 259, 266, 267 Tract: 1108. Block(s): 104, 105, 106, 107, 108, 128, 129, 130, 131 Commissioner District: 2 WALTON COUNTY VTD: 0415 BETWEEN VTD: 0417 LOGANVILLE Commissioner District: 3 WALTON COUNTY VTD: 0416 WALNUT GROVE VTD: 0418 SOCIAL CIRCLE VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1103. Block(s): 313A Tract: 1106. Block(s): 118, 119, 126, 127, 129, 130, 131, 135, 136 Tract: 1107. Block(s): 149B, 150B, 213B, 213C, 215B, 216, 217,
Page 4987
218B, 219, 220B, 234B, 234C, 234D, 235B, 236, 237, 240, 241B, 242B, 243B, 244, 245 VTD: 0502 JERSEY VTD: 1675 WHATLEY (Part) Tract: 1107. Block(s): 238, 239, 247, 248, 249, 250, 251, 268, 269 Tract: 1108. Block(s): 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 126, 127 Commissioner District: 4 WALTON COUNTY VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1103. Block(s): 108A, 109, 110, 111, 112, 113A, 114A, 130A, 131, 132A, 133A, 134A, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178A, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 303A, 305, 306A, 307, 308, 309, 310A, 311, 312 Tract: 1104. Block(s): 130A, 132A, 202A, 204A, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 235A, 241A, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257 Tract: 1107. Block(s): 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 150A, 151, 152, 153, 154, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210,
Page 4988
211, 212, 213A, 215A, 218A, 220A, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 235A, 241A, 242A, 243A For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) 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 map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of Walton County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of Walton County which is described in this section as being included in a particular commissioner
Page 4989
district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. There shall be elected to the board one member from each of the commissioner districts. Positions on the board shall be numbered 1 through 5, respectively. A candidate, in order to be eligible for election to the board for positions 1 through 4, must be a resident of the commissioner district which corresponds by number to the position on the board for which he offers as a candidate. Position No. 5 on the board shall be the chairman and he may reside in any district within the county. A candidate for the board of commissioners shall be elected only by the voters of the district for which such candidate is offering. At the general election in November of 1992, those persons elected from Commissioner Districts 3 and 4 shall be elected for terms of two years each and until their successors are elected and qualified. Thereafter, candidates for the positions of Commissioner Districts 3 and 4 shall be elected for terms of four years and until their successors are elected and qualified. Those persons elected from Commissioner Districts 1 and 2 and Position No. 5 in the November, 1992, general election shall be elected for terms of four years and until their successors are elected and qualified. All members of the Board of Commissioners of Walton County shall take office on the first day of January following their election. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Walton County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implemention of this Act is not permissible under the federal Voting Rights Act of 1965, as
Page 4990
amended, then as of such date this Act shall be void and stand repealed 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 1992 seccion of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended; and for other purposes. This 10th day of February, 1992. Honorable Tyrone Carrell Representative, 65th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tyrone Carrell, who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune, which is the official organ of Walton County, on the following date: February 14, 1992. /s/ Tyrone Carrell Representative, 65th District
Page 4991
Sworn to and subscribed before me, this 19th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 23, 1992. MACON WATER AUTHORITYCHARTER; MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY RENAMED. No. 665 (House Bill No. 1913). AN ACT To amend an Act known as the Macon-Bibb County Water and Sewerage Authority Act, approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved April 11, 1973 (Ga. L. 1973, p. 2603), an Act approved February 8, 1974 (Ga. L. 1974, p. 2031), an Act approved April 11, 1979 (Ga. L. 1979, p. 3816), an Act approved March 26, 1980 (Ga. L. 1980, p. 4004), an Act approved April 12, 1982 (Ga. L. 1982, p. 4255), an Act approved February 24, 1983 (Ga. L. 1983, p. 3509), an Act approved March 27, 1985 (Ga. L. 1985, p. 4556), an Act approved March 30, 1987 (Ga. L. 1987, p. 4821), an Act approved March 30, 1987 (Ga. L. 1987, p. 4824), and an Act approved March 13, 1990 (Ga. L. 1990, p. 3717), so as to provide a consolidated charter for the authority; to change the name of the authority to the Macon Water Authority; to reapportion and revise the boundaries of the five electoral districts provided for the authority; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Page 4992
Section 1 . An Act known as the Macon-Bibb County Water and Sewerage Authority Act, approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved April 11, 1973 (Ga. L. 1973, p. 2603), an Act approved February 8, 1974 (Ga. L. 1974, p. 2031), an Act approved April 11, 1979 (Ga. L. 1979, p. 3816), an Act approved March 26, 1980 (Ga. L. 1980, p. 4004), an Act approved April 12, 1982 (Ga. L. 1982, p. 4255), an Act approved February 24, 1983 (Ga. L. 1983, p. 3509), an Act approved March 27, 1985 (Ga. L. 1985, p. 4556), an Act approved March 30, 1987 (Ga. L. 1987, p. 4821), an Act approved March 30, 1987 (Ga. L. 1987, p. 4824), and an Act approved March 13, 1990 (Ga. L. 1990, p. 3717), is amended by striking said Act in its entirety and substituting in lieu thereof the following: Section 1. Short title. This Act shall be known and may be cited as the `Macon Water Authority Act.' Section 2. Macon Water Authority created. (a) There is created a body corporate and politic, to be known as the Macon Water Authority, which shall be deemed to be 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, complain and defend in all courts of law and equity, except that the authority or the trustee acting under any trust indenture shall in no event be liable for any torts committed by its officers, agents, or employees. (b) (1) Except as otherwise provided in subsection (c) of this section, the authority shall consist of seven members, five of whom shall be elected as provided in this section. Of the remaining two members of the authority, one shall be a member of the governing authority of the City of Macon to be appointed by the governing authority of the City of Macon and one shall be a member of the governing authority of Bibb County to be appointed by the governing authority of Bibb County. (2) For the purpose of electing members of the authority, Bibb County is divided into five electoral districts as follows:
Page 4993
District: 1 BIBB COUNTY VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0007 EM07 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0013 GODFREY 04 (Part) Tract: 0128. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415 Tract: 0130. Block(s): 271, 272, 292, 293, 294, 295, 296, 297 VTD: 0034 VINEVILLE 01 JONES COUNTY VTD: 0008 ROBERTS 4 (Part) Tract: 0301.02 Block(s): 904A, 914A, 914B, 927, 928, 929A, 930, 931, 932 District: 2 BIBB COUNTY VTD: 0012 GODFREY 03 VTD: 0016 GODFREY 07 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0040 VINEVILLE 07 VTD: 0043 MACON 02 VTD: 0044 MACON 01
Page 4994
District: 3 BIBB COUNTY VTD: 0009 EM09 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0039 VINEVILLE 06 VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 VTD: 0047 HAZARD 02 District: 4 BIBB COUNTY VTD: 0013 GODFREY 04 (Part) Tract: 0128. Block(s): 101, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 219, 222 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0048 HAZARD 04 District: 5 All of Bibb County and that part of Jones County included in District 1 as described above. (3) For the purposes of this section:
Page 4995
(A) The terms `Voting District,' `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 1990 for the State of Georgia; (B) Whenever the description of any electoral 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 1990 for the State of Georgia; and (C) Any part of Bibb 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 1990 for the State of Georgia. (4) One member of the authority shall be elected to represent each electoral district. Each member shall reside within the district he or she represents. (c) (1) In the 1992 general election, candidates shall be elected from Districts 2 and 3. In the 1996 general election candidates shall be elected from Districts 1, 4, and 5. Candidates elected from such districts shall take office on the first day of January following their election and serve for a term of office of six years and until their successors are duly elected and qualified. Thereafter, successors to the elected members of the authority shall be elected in the general election conducted immediately prior to the expiration of the term of office for which they offer as candidates, shall take office on the first day of January following their election, and shall serve for terms of office of six years and until the election and qualification of their successors. Members of the authority from the City of Macon and Bibb County shall be appointed by the respective appointing body, and such members shall serve on the authority at the pleasure of
Page 4996
each appointing body and only so long as they are members of the respective appointing body. (2) The members of the authority in office on the effective date of this Act shall continue in office until the expiration of the terms for which they are serving on the effective date of this Act. (d) Any person eligible to vote for members of the General Assembly of Georgia in Bibb and Jones counties shall be deemed qualified to hold the office of elected member of the authority; provided, however, that no person shall be eligible to hold office, unless at the time of his or her election, he or she shall have attained the age of 21 years; provided, further, that he or she shall not remove his or her residence from his or her district during his or her term of office on pain of forfeiture thereof. (e) All elections for members of the authority shall be conducted by the Macon-Bibb County Board of Elections in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' as the same now exists or may hereafter exist. (f) Should any vacancy occur among the elective members of the authority with respect to a term having more than 120 days to run, the remaining members of the authority shall forthwith notify the judge of the probate court who shall appoint a qualified person to serve until the next general election, at which time a successor shall be elected for the unexpired term. The appointee of the judge of the probate court shall serve until a successor shall have been elected and shall qualify. Any person so elected at such special election shall hold office for the unexpired term for which he or she was elected. If a vacancy occurs within 120 days from the expiration of the term of the elected member causing the vacancy, no such election shall be held, but the remaining or surviving members of the authority shall constitute the authority until the next election; provided, however, that appointments shall be made in any event and regardless of the time that the vacancy commences if the
Page 4997
vacancy of a member causes more than one vacancy to exist on the authority. (g) Immediately after election, all members of the authority shall give bond for the faithful performance of their duties in the sum of $10,000.00, payable to the Governor of the State of Georgia and approved by the judge of the Probate Court of Bibb County. (h) The salary for each elected member of the authority shall be $5,400.00 per annum, payable monthly at the rate of $450.00. All members of the authority, elected and appointed, may be reimbursed for the actual expenses necessarily incurred by them in the performance of their duties. (i) The authority shall have full power to organize, adopt rules for its government, and generally to direct the affairs of the authority. No vacancy on the authority shall impair the power of the authority to exercise all of the rights and powers of and perform all of the duties and obligations of the authority. (j) The chairman of the authority shall be the member elected to represent District 5. (k) A majority of the members in office shall constitute a quorum. The authority shall have perpetual existence; provided, however, that nothing contained in this Act shall preclude the General Assembly of Georgia from amending this Act. Section 3. Purpose of the authority. Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating adequate water supply, treatment, and distribution facilities and sewerage collection, treatment, and distribution facilities; making such facilities and the services thereof available to public and private consumers and users located in Bibb County and its environs, including municipalities inside and outside the county and to adjoining counties; extending and improving such facilities; acquiring the necessary property therefor,
Page 4998
both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, to any persons, firms, or corporations, whether public or private, if in the sole judgment of the authority such use, lease, or sale supports the general purposes of the authority; and, doing all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such type of undertakings. Section 4. Definitions. As used in this Act, the term: (1) `Authority' shall mean the Macon Water Authority created by Section 2 of this Act. (2) `Cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, the cost of engineering, architectural, fiscal, and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing authorized in this Act, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) `Project' shall mean and include the acquisition and construction of systems, plants, works, instrumentalities, and properties: (A) used or useful in connection with the obtaining of a water supply and the conservation, treatment, distribution, and sale of water for public and private uses; or (B) used or useful in connection with the collection, treatment, and disposal of sewage and like
Page 4999
waste water; together with all parts of any such system, plant, work, instrumentality, and property and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk, connecting, and other sewers and water mains, filtration works, pumping stations, and equipment. (4) `Revenue bonds' and `bonds' shall mean revenue bonds authorized to be issued pursuant to this Act. (5) `Self-liquidating' shall mean that the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. Section 5. Powers. The authority shall have the following powers: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority. The authority shall be under no
Page 5000
obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; provided, however, that the power of eminent domain shall not be exercised outside the limits of Bibb County; (4) To enter into an agreement with Bibb County or the City of Macon with respect to acquiring a source of water supply, providing sewerage service, preparing engineering data, plans, and specifications for a water and sewerage system, extending water mains, apportioning the costs of constructing, extending, and maintaining a water or sewerage system, or both, providing for the testing and inspection of facilities constructed, providing for rates to be charged for water and sewerage services furnished to users of the system, providing for the reading of meters and keeping of pertinent records, apportioning or designating the responsibility for any functions normally maintained by a water and sewerage system, providing for the ownership of the various facilities constructed or acquired, and providing for such other matters or contingencies as might be necessary or desirable in order to secure for Macon and Bibb County a satisfactory and reliable water and sewerage system at the most reasonable cost possible. (5) To appoint, select, and employ such officers, agents, and employees as shall be necessary in the judgment of the authority to accomplish the purposes of the authority, including engineering, architectural, and construction experts, fiscal agents, and attorneys; to fix their respective compensation; and, to provide for pension and retirement plans for these officers, agents, and employees; provided, however, that any contract for the design of a sewerage system shall contain a provision insuring proper supervision and inspection of the installation of the system, either by agreeing with the design engineer to supervise and inspect the installation or by agreeing that the
Page 5001
supervision and inspection shall be performed by another engineer not associated with any contractor or subcontractor responsible for installing the system. The authority may require bond of any person handling funds of the authority; (6) 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 the authority causes to be erected or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water or sewerage service and facilities, or both, by the authority to such municipal corporations and counties and by such municipal corporations and counties to the authority for a term not exceeding 50 years. As to any political subdivision, department, institution, or agency of this state which shall enter into an agreement under the authority granted in this paragraph or in paragraph (4) of this section, the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be pledged; (7) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in paragraph (5) of Section 4 of this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency, instrumentality, or political subdivision thereof;
Page 5002
(8) To make loans with and accept grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (9) To make loans with and accept 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; (10) To borrow money for any of the authority's 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; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short term loans and to approve, execute, deliver, or accept appropriate evidence of any such indebtedness; provided, however, that no such power is in conflict with the Constitution or general laws of this state; (12) The authority and any trustee acting under any trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and unsable in the furtherance of the purpose for which the authority was created, except as such right and power might be limited as provided in Section 20 of this Act; (13) Except as otherwise provided in this Act, the authority may exercise any of its powers or provide any of its services inside the boundaries of any local government within Bibb County and, when authorized by contract
Page 5003
with the governing authority thereof, within the limits of another municipality or county; (14) The authority shall further have full and plenary power and duty to make and enforce rules and regulations for the management and operation of the water and sewerage systems which now exist and as hereafter added to, extended, or improved by any project or projects constructed under the provisions of this Act; to prescribe, fix, and collect rates, fees, tolls, or charges and to revise from time to time and collect such rates, fees, tolls, or charges for the services, facilities, or commodities furnished; and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as provided in this Act to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of the water and sewerage systems; and to pledge to the punctual payment of the 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; and to classify and differentiate such rates, fees, tolls, or charges in any reasonable manner, including, but not limited to, consumers inside the corporate limits of the City of Macon and those outside such corporate limits, as to small, intermediate and large consumers and industrial, commercial, and residential consumers and, with respect to sewer rates, according to the amount of suspended solids and the biological oxygen demand of sewerage users. Additionally, and not in limitation of the foregoing, the authority, in fixing water or sewerage rates, or both, shall be fully authorized and empowered to comply with any state or federal Acts and any lawful regulations adopted pursuant to any such Act. As a limitation of the power of the authority, however, if at any time there are issued and outstanding revenue bonds for the payment of which the revenues of the authority are pledged, the authority shall make no decrease in rates for water and sewer service which will in any way impair the obligations contained in the revenue bonds;
Page 5004
(15) The authority shall further have the power to acquire insurance for its property, its authority members, and its officers and employees, including but not limited to fire, wind, storm, extended coverage insurance, and vehicular liability insurance; all other types of liability insurance; casualty insurance, fidelity insurance, comprehensive insurance, public officials liability insurance, general public liability insurance covering all hazards, group life insurance, group accident insurance, group health insurance, group hospitalization insurance, group medical insurance, or any combination thereof; together with any and all other types of insurance on its property, officers, authority members, and employees as the authority in its judgment and discretion deems meet and proper in the conduct of its business; and on such terms and conditions and in such amounts as the authority deems appropriate in its judgment and discretion; and with the payment of premiums and charges therefor, together with any other costs incident thereto, to be paid in whole or in part by the authority and out of the general funds of the authority as the authority may determine; (16) The authority is further authorized and empowered to adopt rules and regulations providing for the suspension of service to delinquent customers. The authority, through its executive director, or such other employees as the authority designates, shall have the right and power to issue executions for any past due charges, which executions shall be a lien upon and against the land and other properties of the assessed party which lien shall be of equal priority, rank, and dignity having the same attributes, rights, and powers as to collection and foreclosure thereof as an execution for unpaid ad valorem taxes of the State of Georgia or the County of Bibb; provided, however, that no such lien shall exist as to third parties until execution therefor shall have been issued by the authority and placed upon the general execution docket of the Superior Court of Bibb County. In the event that sewerage service is discontinued pursuant to this section, the appropriate health authorities shall be immediately notified;
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(17) The authority shall continue to be liable for and obligated to fulfill, pay, extinguish, and discharge all obligations, debts, and liabilities of the Board of Water Commissioners of the City of Macon existing at the time of the transfer, conveyance, and delivery of the properties and assets of the board of water commissioners to the authority, including, but not limited to, any and all outstanding and unpaid revenue certificates and revenue bonds heretofore issued by the Board of Water Commissioners of the City of Macon, Georgia, and identified as follows: Water and Sewer Revenue Anticipation Certificates, Series 1955; Water and Sewerage Revenue Bonds, Series 1961; Water and Sewerage Revenue Bonds, Series 1970; Water and Sewerage Revenue Bonds, Series 1971; (18) The authority shall further have the right and power to purchase, install, construct, repair, and replace fire hydrants on public property, together with all needful and necessary accessories and adjuncts thereto, in connection with existing or new water lines or mains of the authority and to defray and pay for any part or all of the cost and expense thereof, labor, material, and otherwise, utilizing any available funds of the authority therefor; (19) The authority is authorized to: (A) Qualify, apply for, and obtain a license or permit, known as a National Pollution Discharge Elimination System (N.P.D.E.S.) permit, or monetary grants for the collection, treatment, and discharge of waste waters pursuant to the provisions of the Federal Water Pollution Control Act, as amended (33 U.S.C. Section 1251, et seq.), and Article 2 of Chapter 5 of Title 12 of the O.C.G.A., the `Georgia Water Quality Control Act,' as amended, and the respective regulations adopted pursuant thereto; (B) By regulations provide for the adoption, promulgation, administration, setting of standards and provisions for, regulating, enforcing, amending, monitoring, and compelling compliance with the
Page 5006
terms, conditions, and provisions of a pretreatment program pertaining to the pretreatment of industrial waste-water effluent that is to be delivered into the authority's sewerage system and is to be treated by the waste-water treatment facilities of such authority, which pretreatment program shall include and comply with all requirements and provisions applicable thereto as set forth in both the Federal Water Pollution Control Act, as amended (33 U.S.C. Section 1251 et seq.), and Article 2 of Chapter 5 of Title 12 of the O.C.G.A., the `Georgia Water Quality Control Act,' as amended, and the respective regulations thereto; and additional restrictions that are required in order to allow the authority to comply with their N.P.D.E.S. permit; provided, however, that any regulations issued subsequent to the initial regulations issued pursuant to the authority in this Act or any amendment to such initial regulation shall not go into effect until notice thereof has been advertised in the official organ of Bibb County at least twice, not later than 15 days prior to the effective date thereof, and until an opportunity for interested parties to be heard thereon has been provided at least five days before such effective date; (C) Make application to the Superior Court of Bibb County, Georgia, for injunctive relief against any person who has engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of such pretreatment regulations by seeking an order enjoining and restraining such act or practice. Upon a showing by the authority that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing a lack of adequate remedy at law; (D) To provide that any person, firm, or corporation that fails to comply with any of the pretreatment standards or requirements set forth in such pretreatment regulations shall be liable to civil penalty
Page 5007
not to exceed $1,000.00 per day for each day during which such noncompliance continues. The executive director of the authority, or such other employee the authority designates, after a hearing shall determine whether or not any such person is in noncompliance of any such standard or requirement and may, upon a proper finding, issue his order imposing such civil penalties as provided in this Act. Any person so penalized is entitled to judicial review. In this connection, all hearings and proceedings for judicial review shall be in accordance with Code Section 50-13-19 of the O.C.G.A. and venue shall be in the Superior Court of Bibb County. All penalties recovered by the executive director shall be paid into the general treasury of the authority and to the credit of its general fund; (E) In any instance of an emergency, where there is a violation of a regulation of the pretreatment program of the authority or where a condition exists which presently causes or where the continuance of which causes (i) a present danger to the life or health of persons or (ii) is permanently and seriously damaging water or waste-water treatment equipment or facilities, the executive director, or such employee as the authority designates, is authorized to immediately terminate water or sewer service, or both, as is necessary to stop and eliminate such danger or damage; and (F) Upon the issuance of any order assessing a civil penalty and after the expiration of 30 days following the date of any such order, with no appeal taken as provided in Code Section 50-13-19 of the O.C.G.A., the authority, through and by its executive director, or such other employee as the authority designates, shall have the right and power to issue executions on any such order assessing a civil penalty, and, in the amount thereof, such execution shall be a lien upon and against the land and other properties of the assessed party which lien shall be of equal priority, rank, and dignity having the same attributes,
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rights, and powers as to collection and foreclosure thereof as an execution for unpaid ad valorem taxes of the State of Georgia or the County of Bibb; and (20) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 6. Petition for eight-inch water line. (a) Upon the filing with the authority of a written petition signed by the owners of more than 50 percent of the lineal footage of land abutting a particular public, dedicated, and publicly utilized roadway, or portion thereof, in Bibb County, Georgia, requesting the authority to lay and construct therein an eight-inch water line to provide potable water to such property, setting forth factual data with respect thereto which the authority shall prescribe by resolution or ordinance, the authority with respect to the requested project shall have the right, power, and authority to: (1) Verify the correctness of the factual data in the petition and ascertain the entire costs of the project which shall include all costs and expenses of material, labor, supervision, engineering, management, legal, overhead, and all other costs and expenses needful and necessary to the completion of the project; (2) After advertisement and public hearing, as hereafter set out, assess two-thirds of the entire costs of said project to and against the respective landowners and their land, their pro rata cost of the project being based on their ownership of the lineal footage abutting the roadway, or portion thereof, involved; (3) Ascertain the pro rata share of the respective landowners according to their ownership of lineal footage abutting the roadway, or portion thereof, involved which shall be calculated and determined as follows: deduct from the entire costs one-third thereof which shall be borne by the authority; the remaining two-thirds of the entire costs shall be divided by the total of the lineal footage of land abutting the roadway, or portion thereof, on both sides of such roadway and the quotient shall be
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the dollar amount per lineal frontage foot; such amount per lineal frontage foot multiplied by the total lineal footage of the land of each respective landowner abutting the roadway, or portion thereof, shall be the `pro rata share' of such landowner; (4) Publish in The Macon Telegraph once a week during each of two calendar weeks a notice setting forth all the factual data of the project; setting a time, date, and place for a public hearing to be had which shall not be sooner than four days following the last date of the publication; setting forth that two-thirds of the entire costs are to be assessed against the landowners, as aforesaid, and that such assessments shall be due within 90 days following completion of the project and upon default of payment shall bear interest at the legal rate and that execution therefor will issue against the defaulting landowner and his involved land which will constitute a lien thereon having equal priority, rank, and dignity and having the same attributes, rights, and powers as to collection and foreclosure thereof as an execution for unpaid State of Georgia and County of Bibb ad valorem taxes; and (5) Following the public hearing, the authority shall, within 30 days thereof, accept or reject the petition and, if accepted, shall proceed promptly with work on the project. (b) the authority shall have the right and power by resolution or ordinance to assess two-thirds of the entire costs and expenses of an accepted project upon and against the respective owners and their land abutting the roadway based on their pro rata share as set forth in paragraph (3) of subsection (a) of this section. (c) Assessments shall be due and payable, without interest, within 90 days following the date of notice thereof to the landowner by United States first-class mail from the authority that such assessment is due; and, if the assessment is not paid within the 90 day period, the same shall bear interest at the legal rate.
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(d) The authority shall have the right and power by ordinance or resolution to issue executions on any assessment that is in default, the same to be issued by the executive director, or such other officer as the authority designates, and such execution shall be a lien upon and against the involved land of the defaulting landowner and shall be of equal priority, rank, and dignity and having the same attributes, rights, and powers as to collection and foreclosure thereof as an execution for unpaid State of Georgia and County of Bibb ad valorem taxes. (e) As to any execution issued by the authority, the landowner therein involved shall have the right to file an affidavit of illegality, denying that the whole or any part of the amount for which the execution issued is due and stating what amount is admitted to be due, if any, which amounts so admitted to be due shall be paid and collected before the affidavit is received and the affidavit shall be received for the balance; provided, however, that all such affidavits shall set out in detail the reasons why the affiant claims the amount is not due and when such affidavit is received by the authority the same shall be returned to the Superior Court of Bibb County, there to be tried and the issue shall be determined as in cases of affidavits of illegality to ad valorem tax executions, subject to all the pains and penalties provided for in other cases of illegality for delay as provided by law. (f) The authority is authorized to adopt by ordinance or resolution any and all reasonable rules and regulations implementing and effectuating the foregoing rights and powers so as to fairly and equitably apply and enforce such rights and powers. Section 7. Financing projects. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created in this Act, shall have power and is authorized at one time, or from time to time, to borrow money for the purpose of paying all or any part of the cost, as defined in this Act, of any one or more projects and to provide by resolution for the issuance of negotiable revenue bonds for that purpose. The principal and interest of such
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revenue bonds shall be payable solely from the special fund provided in this section for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not to exceed the maximum limit prescribed in Chapter 82 of Title 36 of the O.C.G.A., the `Revenue Bond Law,' as now or hereafter amended, shall be payable semiannually, and shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Section 8. Revenue bonds; form; denominations; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 9. Revenue bonds; signatures; seal. All such bonds shall bear the manual or facsimile signature of the chairman of the authority and the attesting manual or facsimile signature of the secretary of the authority, and the official seal of the authority shall be affixed thereto. The signature of one of such officers shall be placed manually on each bond. Any coupons attached thereto shall bear the manual or facsimile signature of the chairman or the secretary of the authority. Any coupon may bear the facsimile signature of such person and any bond may bear the facsimile signature of and may be manually signed, sealed, and attested to 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
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appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. Section 10. Revenue bonds; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have all the qualities and incidents of negotiable instruments under the laws of the State of Georgia pertaining to negotiable instruments. Such bonds are declared to be issued for essential public and governmental purposes, and the bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state. Section 11. Revenue bonds; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority. Section 12. Revenue bonds; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit which, unless otherwise provided for in the resolution authorizing the issuance of the bonds or in any trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund provided for in this Act to be used for paying the principal of and the interest on such bonds. Section 13. Revenue bonds; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
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Section 14. Revenue bonds; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 15. Revenue bonds; conditions precedent to issue; object of issue. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolutions may be passed at any regular, special, or adjourned meeting of the authority by a majority of the quorum as provided in this Act. Section 16. Revenue bonds; credit not pledged; special power of contract. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Macon or of Bibb County or a pledge of the faith and credit of the city or the county, but the 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 the 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; provided, however, that the City of Macon and Bibb County are authorized to contract with each other and with the authority for any of the undertakings authorized in this Act. Such city and county may in connection therewith, jointly or severally, use any funds from any lawful source or from the proceeds of the issue and sale of bonds for such purpose. Section 17. Revenue bonds; trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be
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any trust company or bank inside or outside the state having the power of a trust company. Such trust indenture may pledge or assign fees, tolls, charges, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys; 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 who are 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 any 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 private corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholder. 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 18. Revenue bonds; To whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in any trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or
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trust company which, shall act as trustee of such bonds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 19. Revenue bonds; sinking fund. The revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such fees, tolls, charges, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payments of: (1) the interest on such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal, interest, 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 any trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in any trust indenture, surplus 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 20. Revenue bonds; 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
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the rights provided for in this Act may be restricted by resolution passed before the issuance of the bonds or by any trust indenture, may, either at law or in equity, by 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 21. Revenue bonds; refunding bonds. The authority is authorized to provide by resolution for the issue of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 22. Revenue bonds; jurisdiction and venue. 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 Bibb County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in such court which shall have exclusive, original jurisdiction of such actions; provided, however, that the venue of any action against the authority shall be in the superior court of the county in which the power of the authority is exercised or services are provided by the authority if the act giving rise to such action is committed within such county. Section 23. Revenue bonds; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Chapter 82 of Title 36 of the O.C.G.A., the `Revenue Bond Law,' as now or hereafter amended. The petition for validation shall also make defendant to such action
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any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the authority to furnish or receive the services and facilities of the water and sewerage system for which bonds are to be issued and sought to be validated, and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds against the authority issuing the same and any municipality, county, authority, subdivision, or instrumentality contracting with the Macon Water Authority. Section 24. Revenue bonds; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Nothing contained in this Act shall be deemed to abrogate or in any way impair the obligations of any revenue bonds issued as of the effective date of this Act which have water revenues or sewer revenues derived from either the Board of Water Commissioners of the City of Macon or the Macon-Bibb County Water and Sewerage Authority pledged as their security. Section 25. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as proceeds of short-term loans, as grants or other contributions, or
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as revenues, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 26. Audits. The books of the authority shall be audited annually by a competent certified public accountant, and an operating statement and a balance sheet showing the affairs of the authority shall be published annually in the official organ of Bibb County. Section 27. Tax exempt status of the authority. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any city, county, or the state or any political subdivision thereof. Section 28. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. Section 29. Liberal construction of Act. This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 30. 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. Power cumulative. This Act does not in any way take from Bibb County or the City of Macon or any other municipality located in Bibb County or in any adjoining county the authority to own, operate, and maintain water, sanitary sewerage, and water pollution control facilities,
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or to issue revenue bonds as is provided by Chapter 82 of Title 36 of the O.C.G.A., the `Revenue Bond Law'; but the powers granted by this Act to the authority shall be in addition to and cumulative of all other powers now or hereafter given to any municipal corporation or political subdivision of this state. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to the provisions of section 28-1-14 of the Official Code of Georgia Annotated, notice is hereby given that application will be made to the 1992 session of the General Assembly of Georgia to amend an Act establishing the Macon-Bibb County Water Sewerage Authority, approved April 11, 1973 (Ga. L. 1973, p. 2603 et sec), and the several Acts amendatory thereof, so as to: (1) change the name of the Authority to the Macon Water Authority; (2) reapportion and revise the boundaries of the five electorial districts provided for the Authority; (3) to provide for other matters relative to the foregoing; (4) to provide an effective date; (5) to repeal conflicting laws and for other purposes. This 4th day of February, 1992. /s/ W. WARREN PLOWDEN JR. Attorney for Macon-Bibb County Water Sewerage Authority
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover, Jr., who, on oath, deposes and says that he is Representative from the 99th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph and News, which is the official organ of Bibb County, on the following date: February 15, 1992. /s/ Denmark Groover, Jr. Representative, 99th District Sworn to and subscribed before me, this 24th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 23, 1992. CITY OF MONROECITY ADMINISTRATOR; RETIREMENT BOARD. No. 666 (House Bill No. 1969). AN ACT To amend an Act entitled An Act to reincorporate the City of Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to change certain provisions relating to the appointment and duties of the city administrator; to change certain bonding requirements of the city administrator; to change certain provisions relating to the retirement board; 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 entitled An Act to reincorporate the City of Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, is amended by striking in their entireties Section 2.10, Section 2.11, and Section 8.08 and inserting in lieu thereof, respectively, the following: Section 2.10. City administrator. The council may appoint a city administrator who shall serve at the pleasure of the council. The city administrator shall be vested with such power and authority as established by this charter to supervise the overall financial and administrative operations of the city which shall include, but shall not be limited to, those duties of personnel officer, purchasing agent for all departments, coordinator of commissions and departments, and general manager of city business under the direction and guidance of the mayor and council and such power and authority granted to him by ordinance. Section 2.11. Requirement of bond. The council shall require the city administrator or the city clerk, as the case may be, before entering upon discharge of his duties to give good and sufficient bond in an amount to be decided by the council, but not less than $50,000.00, payable to the City of Monroe, for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriation of unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the council, and the premium thereon shall be paid by the city. Section 8.08. Retirement board; members, terms, secretary. In the event the council elects to appoint a retirement board, the general administration and responsibility for the proper operation and disbursement of said retirement fund according to the provisions of this Act of city ordinances shall be vested in said retirement board which shall consist of the mayor and one councilmember, said councilmember to be chosen by a majority vote of the city council of Monroe, the city administrator, the city clerk, one employee to be
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chosen by a majority vote of the city employees affected hereby assembled for such purpose and presided over by the city clerk who shall certify the elected member. The terms of office of the members of said board shall be as follows: the mayor and councilmember, city clerk, and city administrator to serve during their terms of office it being expressly understood that the term of said mayor and councilmember and city clerk on the retirement board shall be determined by the office and not by the individual. The board member elected by the employees shall be for a term of two years and until a successor has been selected and qualified. Said retirement board may be delegated authority to establish reasonable rules and regulations for the purpose of administering this Act. The secretary of said board, who shall be the city clerk, shall give bond payable to said retirement board in such amount as may be prescribed by said board, and any reasonable expense necessarily incurred in providing such bond shall be paid out of said retirement fund. The secretary of said retirement board shall keep the minutes of all meetings of the board, recording all of the official acts of said board, which minutes shall be a part of the permanent public records of the City of Monroe, to be kept in the office of the clerk of said City of Monroe. The meetings shall be presided over by the mayor and in his absence by the councilmember. At least four members shall be present to constitute a quorum. 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 1992 session of the General Assembly of Georgia a bill to amend an Act to reincorporate the City of Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221); and for other purposes.
Page 5023
This 24th day of February, 1992. Honorable Tyrone Carrell Representative 65th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tyrone Carrell, who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune, which is the official organ of Walton County, on the following date: February 28, 1992. /s/ Tyrone Carrell Representative, 65th District Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 23, 1992. CITY OF MONROEMAYOR AND COUNCIL; DISTRICTS; ELECTIONS; TERMS. No. 667 (House Bill No. 1970). AN ACT To amend an Act to reincorporate the City of Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4163), so as to provide new election districts;
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to provide for the election of the mayor and councilmembers; to provide for the continuation in office of persons currently serving in office; to provide for terms; to provide for residency requirements; to provide for definitions and insertions; to provide for submission of this Act to the United States Attorney General for approval; to provide conditions for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act to reincorporate the City of Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4163), is amended by striking in their entireties Section 2.03 and 2.04 and inserting in lieu thereof, respectively, the following: Section 2.03. Election of mayor and councilmembers. (a) For purposes of electing the councilmembers, the City of Monroe shall be divided into six election districts as follows: District: 1 WALTON COUNTY VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1103. Block(s): 176, 177, 178A, 222, 225, 226, 234, 235, 236, 237, 238, 239, 240, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 303A, 305, 306A, 307, 308, 309, 311, 312 Tract: 1107. Block(s): 112, 113, 141, 142 District: 2 WALTON COUNTY VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1103. Block(s): 310A Tract: 1104.
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Block(s): 241A, 242, 243, 244 Tract: 1107. Block(s): 108A, 108B, 109, 110, 111, 114, 115, 116, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 143, 144, 145, 146, 147, 148, 149A, 150A, 151, 152, 153, 154, 207, 208, 210, 211, 212, 213A, 215A, 218A, 220A, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 235A, 241A, 242A, 243A District: 3 WALTON COUNTY VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1104. Block(s): 130A, 209, 211, 212, 213, 214, 219, 220, 221, 222, 223, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 235A, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257 Tract: 1107. Block(s): 209 District: 4 WALTON COUNTY VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1103. Block(s): 108A, 109, 110, 111, 112, 113A, 114A, 130A, 131, 132A, 133A, 134A, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 223, 224, 227, 228, 229, 230, 231, 232, 233, 241 Tract: 1104. Block(s): 132A, 202A, 204A, 205, 206, 207, 208, 215, 216, 217, 218, 224, 225 Tract: 1107. Block(s): 117, 118, 201, 202, 203, 204, 205, 206
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District: 5 All that territory included within Districts 1 and 2 shall be known as District 5. District: 6 All that territory included within Districts 3 and 4 shall be known as District 6. For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Whenever the description of any council district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any council district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of the City of Monroe which is not included in any council district described in this section shall be included within that council district contiguous
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to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of the City of Monroe which is described in this section as being included in a particular council district shall neverthless not be included within such council district if such part is not contiguous to such council district. Such noncontiguous part shall instead be included within that council district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (b) (1) On the Tuesday next following the first Monday in November, 1993, and every two years thereafter, an election shall be held for the office of mayor, who shall be elected for a term of two years and until his successor is duly elected and qualified. The mayor shall be elected by the majority vote of the qualified electors voting in a city-wide election. The person serving as mayor on the effective date of this section shall continue to serve until the expiration of his term and until his successor has been duly elected and qualified. (2) On the Tuesday next following the first Monday in November, 1993, and every four years thereafter, an election shall be held for the councilmembers from Districts 2, 3, and 6, who shall serve for terms of four years and until their successors are duly elected and qualified. Notwithstanding any residency requirement contained in Section 2.04 of this charter, the persons serving as councilmembers for Ward 2, Ward 3, and At-Large Post 2 on the effective date of this section shall continue to serve and represent District 2, District 3, and District 6, respectively, until the expiration of their terms and until their successors are duly elected and qualified. (3) On the Tuesday next following the first Monday in November, 1995, and every four years thereafter, an election shall be held for the councilmembers from Districts 1, 4, and 5, who shall serve for terms of four years
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and until their successors are duly elected and qualified. Notwithstanding any residency requirement contained in Section 2.04 of this charter, the persons serving as councilmembers for Ward 1, Ward 4, and At-Large Post 1 on the effective date of this section shall continue to serve and represent District 1, District 4, and District 5, respectively, until the expiration of their terms and until their successors have been duly elected and qualified. Section 2.04. Terms of office; residency. The terms of office of the mayor and councilmembers shall begin on the first day of January of the year immediately following their election and shall continue until their successors are duly elected and qualified. The terms of office shall be specified in Section 2.03. All councilmembers shall reside within the district which they represent at the time of their election and during the term of their office. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of the City of Monroe to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an Act to reincorporate the City of Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221); and for other purposes.
Page 5029
This 24th day of February, 1992. Honorable Tyrone Carrell Representative 65th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tyrone Carrell, who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune, which is the official organ of Walton County, on the following date: February 28, 1992. /s/ Tyrone Carrell Representative, 65th District Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 23, 1992. FORSYTH COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 668 (House Bill No. 1320). AN ACT To amend an Act creating a board of commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4419), so as to change the composition of
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the districts from which the members of the board are elected; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a board of commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4419), is amended by striking Section 2, relating to election of board members, and inserting in its place a new Section 2 to read as follows: Section 2. (a) The board of commissioners of Forsyth County shall consist of five members. For the purpose of electing such members, Forsyth County shall be divided into five commissioner districts as follows: Commissioner District: 1 FORSYTH COUNTY VTD: 0007 CUMMINGS VTD: 0010 MIDWAY (Part) Tract: 1304. Block(s): 229, 233, 234, 308, 309 Commissioner District: 2 FORSYTH COUNTY VTD: 0001 BIG CREEK VTD: 0002 BRANDYWINE VTD: 0010 MIDWAY (Part) Tract: 1303. Block(s): 217, 218, 219, 220, 229, 230, 231, 232, 233, 234, 235, 236, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250 Commissioner District: 3 FORSYTH COUNTY VTD: 0005 COAL MOUNTAIN (Part)
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Tract: 1302. Block(s): 234, 264, 265, 268 Tract: 1304. Block(s): 106, 107, 108, 113, 115 VTD: 0009 MATT (Part) Tract: 1302. Block(s): 220, 222, 223 VTD: 0010 MIDWAY (Part) Tract: 1303. Block(s): 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 221, 222, 223, 224, 225, 226, 227, 228, 237 Tract: 1304. Block(s): 235, 236, 307, 326, 327 VTD: 0011 SAWNES Commissioner District: 4 FORSYTH COUNTY VTD: 0004 CHESTATEE (Part) Tract: 1301. Block(s): 132, 134, 136, 137, 139, 145, 146, 149, 150, 151, 152, 153, 154, 155, 156, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 175, 196, 197, 301, 302, 303, 304, 305, 306, 307, 308, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323 Tract: 1305. Block(s): 101, 102, 103, 105, 106, 107, 114, 115, 116 VTD: 0005 COAL MOUNTAIN (Part) Tract: 1301. Block(s): 128, 189, 190 Tract: 1302. Block(s): 207, 208, 209, 210, 235, 236, 237, 238, 239, 240, 241, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 266, 267, 269, 270, 271, 272, 273, 274, 275, 276 Tract: 1304. Block(s): 109, 110, 111, 134A, 134B, 135, 136, 137, 138, 139A, 139B, 140A, 140B, 140C, 140D, 141A, 141B VTD: 0006 CROSSROADS
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VTD: 0009 MATT (Part) Tract: 1302. Block(s): 110, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 156, 157, 158, 159, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 228, 229, 230, 231, 232, 233 Commissioner District: 5 FORSYTH COUNTY VTD: 0003 CHATTAHOOCHE VTD: 0004 CHESTATEE (Part) Tract: 1301. Block(s): 135, 140, 141, 142, 143, 144, 147, 148, 173, 174, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 309, 310, 311 Tract: 1305. Block(s): 104, 108, 109, 110, 111, 112, 113, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157 VTD: 0008 MASHBURN (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
Page 5033
(3) 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 map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of Forsyth County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of Forsyth County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) There shall be one member of the board from each commissioner district. A commissioner must reside in the commissioner district such person represents. A candidate must designate the district from which such candidate offers. All members of the board of commissioners shall be elected by the voters of the entire county. The election of members of the board shall be conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.'
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(d) Those members of the board in office on the effective date of this Act shall serve until the expiration of the terms for which elected and until successors are elected and qualified. Successors to those members elected from Commissioner Districts 2, 4, and 5 whose terms expire December 31, 1992, shall be elected at the general election in November, 1992, and shall take office on January 1, 1993, for terms of four years and until successors are elected and qualified. Successors to those members elected from Commissioner Districts 1 and 3 whose terms expire December 31, 1994, shall be elected at the general election in November, 1994, and shall take office January 1, 1995, for terms of four years and until their successors are elected and qualified. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Forsyth County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then candidates shall qualify from the existing commissioner districts for the 1992 elections. If implementation of this Act is approved by the United States Attorney General subsequent to the time for qualification of candidates for the general primary in 1992, it shall become effective for the election of successors to those members representing Commissioner Districts 1 and 3, whose terms expire December 31, 1994, as provided in Section 1 of this Act. Those members elected from Commissioner Districts 2, 4, and 5 at the general election in 1992 shall continue to serve until the expiration of their terms in 1996 and until their successors are elected and qualified. Successors to such members shall be elected from the commissioner districts set forth in Section 1 of this Act at the general election in November, 1996. If implementation of this Act is disapproved, it shall be void and stand repealed in its entirety on the date of such disapproval. 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended; and for other purposes. This 17th day of January, 1992. 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 Forsyth Forum, which is the official organ of Forsyth County, on the following date: January 22, 1992. /s/ Bill Barnett Representative, 10th District Sworn to and subscribed before me, this 30th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 24, 1992.
Page 5036
CHEROKEE COUNTYBOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS. No. 669 (House Bill No. 1984). AN ACT To amend an Act creating a board of commissioners for Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to provide for election of the chairman and members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a board of commissioners for Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), as amended, is amended by striking subsections (b) through (e) of Section 2 and inserting in their place new subsections (b) through (e) to read as follows: (b) (1) The Eastern District shall encompass the following territory: Eastern District CHEROKEE COUNTY VTD: 0001 BALLGROUND VTD: 0003 CANTON VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK VTD: 0009 HICKORY FLAT VTD: 0010 LICK SKILLET VTD: 0011 LITTLE RIVER VTD: 0012 MULLINS VTD: 0016 WOODSTOCK (Part)
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Tract: 0909.03 Block(s): 501B, 502, 503, 504B, 505A, 505B, 506, 507, 601A, 601B, 602A, 602B, 602C, 603, 604, 605, 606, 607, 608 (2) Within the Eastern District, Commissioner Districts 1 and 2 shall encompass the following territory: Commissioner District: 1 CHEROKEE COUNTY VTD: 0001 BALLGROUND VTD: 0003 CANTON VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK VTD: 0012 MULLINS Commissioner District: 2 CHEROKEE COUNTY VTD: 0009 HICKORY FLAT VTD: 0010 LICK SKILLET VTD: 0011 LITTLE RIVER VTD: 0016 WOODSTOCK (Part) Tract: 0909.03 Block(s): 501B, 502, 503, 504B, 505A, 505B, 506, 507, 601A, 601B, 602A, 602B, 602C, 603, 604, 605, 606, 607, 608 (c) (1) The Western District shall encompass the following territory: Western District CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0007 FAIR PLAY VTD: 0008 HARBINS VTD: 0013 SALICOA VTD: 0015 WILDCAT VTD: 0016 WOODSTOCK (Part)
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Tract: 0907. Block(s): 511 Tract: 0909.03 Block(s): 101A, 101B, 101C, 101D, 101E, 101F, 102, 103, 104, 201, 202, 203A, 203B, 203C, 204A, 204B, 205, 206, 207, 208A, 208B, 208C, 209, 210, 301, 302, 303, 304, 305, 306A, 306B, 306C, 306D, 307, 308, 309A, 309B, 309C, 309D, 309E, 310, 311, 401A, 401B, 401C, 402, 403, 404, 405, 406, 407, 408, 409, 410A, 410B, 411A, 411B, 501A, 504A Tract: 0910.01 Block(s): 101A, 101B, 101C, 102A, 102B, 103, 104A, 104B, 104C, 104D, 105, 106A, 106B, 106C, 107A, 107B, 108, 109A, 109B, 110A, 110B, 110C, 111A, 111B, 112, 113, 114, 201, 202, 203, 204, 205A, 205B, 205C, 206, 207A, 207B, 207C, 208A, 208B, 209, 301, 302A, 302B, 302C, 302D, 303A, 303B, 304, 305, 306 Tract: 0910.02 Block(s): 101A, 101B, 102, 103, 104, 105, 106A, 106B, 107A, 107B, 108, 109A, 109B, 110, 111, 112, 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 317A, 317B Tract: 0910.03 Block(s): 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206A, 206B, 206C, 207, 208, 209, 210, 211, 212, 213, 214 Tract: 0911.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 203, 204, 205, 206, 207, 208, 209, 210, 211 (2) Within the Western District, Commissioner Districts 3 and 4 shall encompass the following territory: Commissioner District: 3 CHEROKEE COUNTY VTD: 0002 BELLS (Part)
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Tract: 0911.01 Block(s): 202 Tract: 0911.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224 VTD: 0007 FAIR PLAY VTD: 0008 HARBINS VTD: 0013 SALICOA VTD: 0015 WILDCAT VTD: 0016 WOODSTOCK (Part) Tract: 0910.02 Block(s): 307, 308, 309, 310 Tract: 0911.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 203, 204, 205, 206, 207, 208, 209, 210, 211 Commissioner District: 4 CHEROKEE COUNTY VTD: 0002 BELLS (Part) Tract: 0910.03 Block(s): 301, 302, 303, 304, 305 Tract: 0911.03 Block(s): 110, 111, 112, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317 Tract: 0911.98 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 201, 202, 203, 204, 205, 206, 207, 301, 302, 303, 304, 305, 306, 307B, 308, 309, 310 Tract: 0912.98 Block(s): 102B, 103B, 104, 112 VTD: 0016 WOODSTOCK (Part) Tract: 0907. Block(s): 511 Tract: 0909.03 Block(s): 101A, 101B, 101C, 101D, 101E, 101F, 102,
Page 5040
103, 104, 201, 202, 203A, 203B, 203C, 204A, 204B, 205, 206, 207, 208A, 208B, 208C, 209, 210, 301, 302, 303, 304, 305, 306A, 306B, 306C, 306D, 307, 308, 309A, 309B, 309C, 309D, 309E, 310, 311, 401A, 401B, 401C, 402, 403, 404, 405, 406, 407, 408, 409, 410A, 410B, 411A, 411B, 501A, 504A Tract: 0910.01 Block(s): 101A, 101B, 101C, 102A, 102B, 103, 104A, 104B, 104C, 104D, 105, 106A, 106B, 106C, 107A, 107B, 108, 109A, 109B, 110A, 110B, 110C, 111A, 111B, 112, 113, 114, 201, 202, 203, 204, 205A, 205B, 205C, 206, 207A, 207B, 207C, 208A, 208B, 209, 301, 302A, 302B, 302C, 302D, 303A, 303B, 304, 305, 306 Tract: 0910.02 Block(s): 101A, 101B, 102, 103, 104, 105, 106A, 106B, 107A, 107B, 108, 109A, 109B, 110, 111, 112, 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 311, 312, 313, 314, 315, 316A, 316B, 317A, 317B Tract: 0910.03 Block(s): 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206A, 206B, 206C, 207, 208, 209, 210, 211, 212, 213, 214 (d) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in
Page 5041
the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Cherokee County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Cherokee County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (e) Commissioner Districts 1, 2, 3, and 4 as they existed on January 1, 1992, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section. Section 2 . Said Act is further amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. (a) The members of the board of commissioners in office on January 1, 1992, representing former Commissioner Districts 1 and 4 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and
Page 5042
every four years thereafter, members of the board shall be elected from Commissioner Districts 1 and 4 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. (b) The members of the board of commissioners in office on January 1, 1992, representing former Commissioner Districts 2 and 3 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, members of the board shall be elected from Commissioner Districts 2 and 3 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. Section 3 . Said Act is further amended by striking subsection (a) of Section 4 and inserting in its place a new subsection (a) to read as follows: (a) The chairman of the commission in office on January 1, 1992, shall serve out the remainder of the term to which he was elected, such term expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, the chairman shall be elected pursuant to this Act and shall serve for a term of four years and until his successor is elected and qualified and shall take office on January 1 immediately following his election. Section 4 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of commissioners of Cherokee County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 5 . All laws and parts of laws in conflict with this Act are repealed.
Page 5043
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act which creates the board of commissioners of Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), as amended; and for other purposes. This 26th day of February, 1992. 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, Steve Stancil, who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune, which is the official organ of Cherokee County, on the following date: February 26, 1992. /s/ Steve Stancil Representative, 8th District Sworn to and subscribed before me, this 3rd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 24, 1992.
Page 5044
CHEROKEE COUNTYBOARD OF EDUCATION; DISTRICTS. No. 670 (House Bill No. 1999). AN ACT To amend an Act providing for the numbering of positions of membership on 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 change the descriptions of education districts for that board of education; to provide for definitions and for certain conflicts; to include certain areas within certain districts; to require a submission and provide for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the numbering of positions of membership on 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 striking Sections 1 and 2 thereof and inserting in their place new sections to read as follows: Section 1. For the purpose of electing members of the Cherokee County Board of Education, positions of membership on the board shall be numbered as Post 1 through Post 7, respectively. Post numbers shall correspond to the education district with the same number as provided in Section 2. Section 2. (a) For the purpose of electing members to the Cherokee County Board of Education, the Cherokee County School District shall be divided into seven education districts as follows: Education District: 1 CHEROKEE COUNTY VTD: 0015 WILDCAT
Page 5045
VTD: 0016 WOODSTOCK (Part) Tract: 0907. Block(s): 511 Tract: 0909.03 Block(s): 201, 202, 203A, 203B, 203C, 204A, 204B, 205, 206, 207, 208A, 208B, 208C, 209, 210 Tract: 0910.01 Block(s): 101A, 101B, 101C, 102A, 102B, 103, 104A, 104B, 104C, 104D, 105, 106A, 106B, 106C, 107A, 107B, 108, 109A, 109B, 110A, 110B, 110C, 111A, 111B, 113, 114 Tract: 0910.02 Block(s): 317A Education District: 2 CHEROKEE COUNTY VTD: 0003 CANTON (Part) Tract: 0901. Block(s): 352, 353 Tract: 0904. Block(s): 101, 102, 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 140A, 140B, 140C, 141, 142, 143, 144, 310, 320 Tract: 0906. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 201, 202, 203A, 203B, 204, 205, 206A, 206B, 207, 208, 209, 210A, 210B, 211, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220A, 220B, 221, 222, 223, 224, 225, 301A, 301B, 302, 303A, 303B, 304A, 304B, 304C, 305A, 305B, 306A, 306B, 307, 308, 309, 310, 311, 312A, 312B, 312C, 313, 314A, 314B, 315A, 315B, 316, 317A, 317B, 317C, 317D, 318, 319A, 319B, 319C, 319D, 320, 321A, 321B, 322A, 322B, 323, 324, 325, 326, 327A, 327B, 328, 329, 330A, 330B, 331A, 331B, 332, 333, 501, 502A, 502B, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531,
Page 5046
601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617A, 617B, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 701A, 701B, 701C, 702A, 702B, 702C, 702D, 702E, 702F, 702G, 702H, 702J, 702K, 703A, 703B, 704, 709A, 709B, 709C, 709D, 715A, 715B, 716A, 716B, 716C, 717A, 717B, 717C, 718A, 718B, 719A, 719B, 719C, 719D, 720, 721, 722A, 722B, 723A, 723B, 724 VTD: 0009 HICKORY FLAT (Part) Tract: 0908. Block(s): 301, 302, 303, 304, 305, 310, 311, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 501, 502, 503, 504, 517, 518, 519, 601, 602, 603, 604, 610, 611, 701 VTD: 0010 LICK SKILLET (Part) Tract: 0908. Block(s): 505, 506, 513, 514, 515, 516 Tract: 0909.01 Block(s): 201, 209 VTD: 0012 MULLINS Education District: 3 CHEROKEE COUNTY VTD: 0009 HICKORY FLAT (Part) Tract: 0908. Block(s): 123, 124, 125, 126, 127, 128, 306, 307, 308, 309, 314, 315, 316 VTD: 0010 LICK SKILLET (Part) Tract: 0908. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 507, 508, 509, 510, 511, 512 Tract: 0909.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 202, 203, 204, 205, 206, 207, 208, 210, 211, 301, 302, 303, 304, 305 Tract: 0909.02 Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203,
Page 5047
204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 401, 402, 403, 404, 405 Education District: 4 CHEROKEE COUNTY VTD: 0003 CANTON (Part) Tract: 0901. Block(s): 478, 479 Tract: 0903. Block(s): 101A, 101B, 101C, 101D, 101E, 102, 103, 104, 105, 106, 107A, 112A, 115, 116, 117, 118, 119, 120A, 120B, 120C, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 137, 138, 139, 140, 141, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214 Tract: 0904. Block(s): 103, 104, 105, 106, 107, 108, 113, 201A, 201B, 201C, 201D, 202, 203A, 203B, 204, 205, 206A, 206B, 206C, 206D, 207, 208, 209, 210A, 210B, 211, 212, 213A, 213B, 301A, 301B, 302A, 302B, 302C, 303A, 303B, 303C, 303D, 304, 305, 306, 307A, 307B, 308A, 308B, 309A, 309B, 311, 312, 313, 314, 315, 316, 317, 318, 319, 401A, 401B, 401C, 402A, 402B, 403A, 403B, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421 Tract: 0906. Block(s): 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 402A, 402B, 403, 404A, 404B, 404C, 404D, 404E, 404F, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 407C, 408, 409, 410, 411, 412A, 412B, 412C, 412D, 413A, 413B, 414A, 414B, 415A, 415B, 416, 417, 705A, 705B, 706, 707A, 707B, 707C, 708A, 708B, 710A, 710B, 711A, 711B, 712A, 712B, 712C, 712D, 713, 714A, 714B, 725A, 725B, 726 VTD: 0007 FAIR PLAY VTD: 0016 WOODSTOCK (Part) Tract: 0910.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 317B
Page 5048
Tract: 0911.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 Education District: 5 CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0016 WOODSTOCK (Part) Tract: 0911.01 Block(s): 201, 203, 204, 205, 206, 207, 208, 209, 210, 211 Education District: 6 CHEROKEE COUNTY VTD: 0016 WOODSTOCK (Part) Tract: 0909.03 Block(s): 101A, 101B, 101C, 101D, 101E, 101F, 102, 103, 104, 301, 302, 303, 304, 305, 306A, 306B, 306C, 306D, 307, 308, 309A, 309B, 309C, 309D, 309E, 310, 311, 401A, 401B, 401C, 402, 403, 404, 405, 406, 407, 408, 409, 410A, 410B, 411A, 411B, 501A, 501B, 502, 503, 504A, 504B, 505A, 505B, 506, 507, 601A, 601B, 602A, 602B, 602C, 603, 604, 605, 606, 607, 608 Tract: 0910.01 Block(s): 112, 201, 202, 203, 204, 205A, 205B, 205C, 206, 207A, 207B, 207C, 208A, 208B, 209, 301, 302A, 302B, 302C, 302D, 303A, 303B, 304, 305, 306 Tract: 0910.02 Block(s): 101A, 101B, 102, 103, 104, 105, 106A, 106B, 107A, 107B, 108, 109A, 109B, 110, 111, 112, 201, 202, 203, 204 Tract: 0910.03 Block(s): 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206A, 206B, 206C, 207, 208, 209, 210, 211, 212, 213, 214
Page 5049
Education District: 7 CHEROKEE COUNTY VTD: 0001 BALLGROUND VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK VTD: 0008 HARBINS VTD: 0011 LITTLE RIVER VTD: 0013 SALICOA (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of the Cherokee County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
Page 5050
(5) Any part of the Cherokee County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) The present members of the board of education shall serve for the terms of office for which they were elected and until their successors are elected and qualified as provided in Section 3. Members of the board of education shall be deemed to represent the education district provided for in subsection (a) of this section which number corresponds to the education district for which they were elected. Beginning with the primary and general elections held in 1992 and thereafter at which members of the board of education are elected, members shall be elected from the education districts provided for in subsection (a) of this section. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Cherokee County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to reapportion the board of education districts of Cherokee County; and for other purposes.
Page 5051
This 26th day of February, 1992. 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, Steve Stancil, who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune, which is the official organ of Cherokee County, on the following date: February 26, 1992. /s/ Steve Stancil Representative, 8th District Sworn to and subscribed before me, this 3rd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 24, 1992.
Page 5052
FORSYTH COUNTYBOARD OF EDUCATION; LAWS RESTATED; MEMBERSHIP; ELECTIONS; DISTRICTS; OFFICERS; TERMS; COMPENSATION; REFERENDUM. No. 671 (House Bill No. 1319). AN ACT To provide for the Board of Education of Forsyth County and to consolidate and restate provisions of law relating to the board; to provide for the election of the members of the board; to provide for a chairman and vice-chairman; to provide for districts; to provide for qualifications, terms of office, duties, and compensation of members of the board; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide for computation of the election results by the superintendent; to provide for a referendum; to repeal specified Acts and a specified amendment to the Constitution; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) The Board of Education of Forsyth County shall be composed of five members who shall be elected as provided in this Act. At the first meeting of the board in each year, the members shall elect from their number a chairman and a vice-chairman to serve for that year. The members of the Board of Education of Forsyth County in office on the effective date of this Act, and any person selected to fill a vacancy in such office, shall continue to serve for the remainder of the terms for which they were elected. (b) For the purpose of electing the members of said board of education at the state-wide general election in 1992 and thereafter, the Forsyth County School District shall be divided into five education districts as follows:
Page 5053
Education District: 1 FORSYTH COUNTY VTD: 0007 CUMMINGS VTD: 0010 MIDWAY (Part) Tract: 1304. Block(s): 229, 233, 234, 308, 309 Education District: 2 FORSYTH COUNTY VTD: 0001 BIG CREEK VTD: 0002 BRANDYWINE VTD: 0010 MIDWAY (Part) Tract: 1303. Block(s): 217, 218, 219, 220, 229, 230, 231, 232, 233, 234, 235, 236, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250 Education District: 3 FORSYTH COUNTY VTD: 0005 COAL MOUNTAIN (Part) Tract: 1302. Block(s): 234, 264, 265, 268 Tract: 1304. Block(s): 106, 107, 108, 113, 115 VTD: 0009 MATT (Part) Tract: 1302. Block(s): 220, 222, 223 VTD: 0010 MIDWAY (Part) Tract: 1303. Block(s): 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 221, 222, 223, 224, 225, 226, 227, 228, 237 Tract: 1304. Block(s): 235, 236, 307, 326, 327 VTD: 0011 SAWNES
Page 5054
Education District: 4 FORSYTH COUNTY VTD: 0004 CHESTATEE (Part) Tract: 1301. Block(s): 132, 134, 136, 137, 139, 145, 146, 149, 150, 151, 152, 153, 154, 155, 156, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 175, 196, 197, 301, 302, 303, 304, 305, 306, 307, 308, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323 Tract: 1305. Block(s): 101, 102, 103, 105, 106, 107, 114, 115, 116 VTD: 0005 COAL MOUNTAIN (Part) Tract: 1301. Block(s): 128, 189, 190 Tract: 1302. Block(s): 207, 208, 209, 210, 235, 236, 237, 238, 239, 240, 241, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 266, 267, 269, 270, 271, 272, 273, 274, 275, 276 Tract: 1304. Block(s): 109, 110, 111, 134A, 134B, 135, 136, 137, 138, 139A, 139B, 140A, 140B, 140C, 140D, 141A, 141B VTD: 0006 CROSSROADS VTD: 0009 MATT (Part) Tract: 1302. Block(s): 110, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 156, 157, 158, 159, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 228, 229, 230, 231, 232, 233 Education District: 5 FORSYTH COUNTY VTD: 0003 CHATTAHOOCHE VTD: 0004 CHESTATEE (Part) Tract: 1301. Block(s): 135, 140, 141, 142, 143, 144, 147, 148, 173,
Page 5055
174, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 309, 310, 311 Tract: 1305. Block(s): 104, 108, 109, 110, 111, 112, 113, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157 VTD: 0008 MASHBURN For purposes of this section: (1) The terms Tract, Block, and VTD shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term Precinct is synonymous with the term voting precinct and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
Page 5056
(5) Any part of the Forsyth County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of the Forsyth County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) In order to be eligible to hold office as a member of said board, a person must be a resident of the Forsyth County School District and the education district from which such person is offering as a candidate for at least one year immediately preceding the election. All elections under this Act shall be held in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. Section 2 . The members of the Board of Education of Forsyth County shall be elected from education districts by the voters voting in the entire Forsyth County School District. Section 2A . One member shall be elected to the Board of Education of Forsyth County from each education district by the voters voting in only the education district from which such candidate offers. Section 3 . (a) The first members of the board of education elected under this Act from Education Districts 3, 4, and 5 shall be elected at the general election in November, 1992, and shall take office on the first day of January following their election for terms of four years and until their respective successors are elected and qualified.
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(b) The first members of the board of education elected under this Act from Education Districts 1 and 2 shall be elected at the general election in 1994 and shall take office on the first day of January following their election for terms of four years and until their respective successors are elected and qualified. (c) Thereafter, successors to all members of the board of education whose terms of office are to expire shall be elected at the general election immediately preceding the expiration of such terms and shall take office on the first day of January following their election for terms of four years and until their respective successors are elected and qualified. Section 4 . (a) The chairman of the Board of Education of Forsyth County shall receive as compensation the sum of $150.00 per month, payable only from tax funds available to the county board of education for educational purposes. (b) Members of the board of education other than the chairman shall receive as compensation the sum of $100.00 per month, payable only from tax funds available to the county board of education for educational purposes. Section 5 . (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 a maximum of four days per month. (b) While traveling inside or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, the chairman or the members shall receive reimbursement for actual expenses necessarily incurred in connection therewith. (c) Any amounts paid under this section shall be paid only from tax funds available to the county board of education for educational purposes. Section 6 . (a) Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Forsyth County to
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submit this Act to the United States Attorney General for approval. (b) If, as of the first date upon which candidates for the board of education from Education Districts 3, 4, and 5 may begin qualifying for the general primary in 1992, implementation of this Act under the federal Voting Rights Act of 1965, as amended, is: (1) Permissible, then Sections 1 and 8 of this Act shall become effective immediately and those candidates from Education Districts 3, 4, and 5 and all future candidates from each education district shall qualify from the newly described districts specified in Section 1 of this Act; or (2) Not permissible, then Sections 1 and 8 of this Act shall not become effective, except as provided in subsection (c) of this section, and those candidates from Education Districts 3, 4, and 5 shall qualify from the existing education districts and not from those specified in Section 1 of this Act. (c) If, pursuant to paragraph (2) of subsection (b) of this section, Sections 1 and 8 of this Act have not become effective but, on or before the first date upon which candidates from Education Districts 1 and 2 may begin qualifying for the general primary in 1994, implementation of this Act under the federal Voting Rights Act of 1965, as amended, is: (1) Permissible, then Sections 1 and 8 of this Act shall become effective upon such first date for qualifying in 1994, and those candidates from Education Districts 1 and 2 and all future candidates from each education district shall qualify from the newly described education districts specified in Section 1 of this Act; or (2) Not permissible, then all provisions of this Act shall be void and stand repealed on that date, except that if implementation of Section 2 of this Act under the federal Voting Rights Act of 1965, as amended, has been permissible and such section has been approved at a referendum
Page 5059
as provided in Section 7 of this Act, Section 2 of this Act shall be and remain effective. (d) For purposes of the first election of candidates to the board of education from Education Districts 3, 4 and 5 to be held at the general election in November, 1992, each candidate shall qualify for election from the education district in which such candidate resides as such district is determined pursuant to subsection (b) of this section. The election superintendent shall place the names of all candidates for such districts on the general primary ballot for submission county wide to all the electors of the Forsyth County School District but shall count the votes cast for such candidates according to whether Section 2 or 2A of this Act becomes effective pursuant to Section 7 of this Act. Section 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Forsyth County shall call and conduct an election as provided in this section for the purpose of submitting Section 2 of this Act to the electors of the Forsyth County School District for approval or rejection. The election superintendent shall conduct that election on the date of the general primary 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 Forsyth County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 2 of an Act be approved which provides for the continuing election of the members of the Board of Education of Forsyth County by the voters of the entire county? All persons desiring to vote for approval of Section 2 of the Act shall vote Yes, and those persons desiring to vote for rejection of such provision of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of Section 2 of the Act, it shall become of full force and effect immediately and Section 2A of this Act shall not become effective
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and shall be automatically repealed. If Section 2 of the Act is not so approved, if implementation of Section 2 of the Act is not permissible under the federal Voting Rights Act of 1965, as amended, or if the election is not conducted as provided in this section, Section 2 shall not become effective and shall be automatically repealed, and Section 2A of this Act shall become of full force and effect immediately. The expense of such election shall be borne by Forsyth County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 8 . The following are repealed in their entirety: (1) An amendment to the Constitution providing for the election of members of the Board of Education of Forsyth County proposed by Resolution Act No. 159 (House Resolution No. 478-1190) of the 1964 General Assembly (Ga. L. 1964, p. 975), which was duly ratified at the 1964 general election and an Act to continue said amendment in force and effect as a part of the Constitution of the State of Georgia, approved March 18, 1985 (Ga. L. 1985, p. 3704); (2) An Act changing the composition of the districts from which members of the Board of Education of Forsyth County are elected, approved March 29, 1983 (Ga. L. 1983, p. 4481); and (3) 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), as amended by an Act approved April 4, 1991 (Ga. L. 1991, p. 4191). Section 9 . Except as otherwise provided in Sections 6 and 7 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 INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act changing the composition of the districts from which members of the board of education of Forsyth County are elected, approved March 29, 1983 (Ga. L. 1983, p. 4481); and for other purposes. This 17th day of January, 1992. 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 Forsyth Forum, which is the official organ of Forsyth County, on the following date: January 22, 1992. /s/ Bill Barnett Representative, 10th District Sworn to and subscribed before me, this 30th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 24, 1992.
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SUMTER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITYCREATION. No. 677 (House Bill No. 1982). AN ACT To create a public body corporate and politic, and an instrumentality of the County of Sumter, to be known as the Sumter County Industrial 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 board of directors and board 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title. This Act may be referred to as the Sumter County Industrial Development Authority Act. Section 2 . Legislative purpose. The purpose of this Act is to provide for the economic development of Sumter 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 Sumter County.
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Section 3 . Definitions. As used in this Act, the term: (1) Authority means the Sumter County Industrial 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 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;
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(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 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.
Page 5065
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 Sumter 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, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in Sumter 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 Sumter County Industrial Development Authority which shall be a body corporate and politic and is declared to be a public corporation created for the economic development of Sumter County and for the improvement of the general welfare of the people of Sumter County and the State of Georgia. The authority shall have a board of directors which shall consist of
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three members of the governing authority of Sumter County appointed by the Board of Commissioners of Sumter County; three members of the governing authority of the City of Americus, one of whom may, but need not, be the mayor, appointed by the mayor and City Council of the City of Americus; and three members of the Americus-Sumter Payroll Development Authority established pursuant to an amendment to the Constitution of the State of Georgia, as set forth in Ga. L. 1962, p. 933, appointed by that authority. 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) 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. (2) The provisions of paragraph (9) of Code Section 45-10-3 of the Official Code of Georgia Annotated and paragraph (1) of this subsection shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or any organization or person with which any director of the authority 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 authority and is recorded in the minutes of the authority, (B) 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 any such organization or person, and (C) 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 paragraph, 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.
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(c) At such time as any director ceases to be a member of an appointing governmental body, then such director shall cease to be a director of the authority. (d) Five members shall constitute a quorum of the board of directors; however, that the authority may only act with the approval of five of the nine members of the board of directors. 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 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,
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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 authority or other political subdivision of this state for the use by the authority
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of any facilities or services of the state or any such state institution, municipal corporation, or county or authority or for the use by any state institution or any municipal corporation or county or authority 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 renewed have or have not matured. 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
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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 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 Sumter County or any municipal corporation within Sumter County to pay the costs of any project or
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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, 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, consultants, fiscal advisors, architects, planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (19) To encourage and promote the economic development of Sumter County and to make, contract for, or otherwise cause to be made long-range plans or proposals for the economic development of Sumter County; (20) To make and receive grants and incentives of money, property, or services designed to promote the growth of employment and the tax receipts in Sumter County;
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(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, without limitation, 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 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
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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 Sumter 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 (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.
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(b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by the authority shall be held and used for the ultimate purpose of paying, directly or indirectly, as permitted 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
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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; provided, however, that the leasehold interests of private parties leasing property from the authority shall be subject to the taxes or assessments imposed by this state or any counties, municipal corporations, political subdivisions, or taxing districts, unless they are specifically exempted by the affirmative vote of a majority of the directors of the authority. 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.
Page 5077
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 pursuant to the request of the Board of Commissioners of Sumter County, the Mayor and City Council of the City of Americus, and the Americus-Sumter County Payroll Development Authority, there will be introduced at the regular 1992 Session of the General Assembly a bill to create the Americus-Sumter County Industrial Development Authority; and for other purposes. 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: February 28, 1992. /s/ Jimmy Skipper Representative, 116th District Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 26, 1992.
Page 5078
FULTON COUNTYBOARD OF EDUCATION; DISTRICTS. No. 679 (House Bill No. 1740). AN ACT To amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended by an Act approved March 18, 1985 (Ga. L. 1985, p. 3723), so as to reapportion education districts for the election of members of the board of education; to provide for elections pursuant to such reapportionment of districts; to provide for definitions; to provide for terms of office; to provide procedures; to provide for the submission of this Act to the United States Attorney General; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain 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 number of members and for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended by an Act approved March 18, 1985 (Ga. L. 1985, p. 3723), is amended by striking Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The Board of Education of Fulton County shall be composed of seven members to be elected as hereinafter provided. For the purpose of electing members of the Board of Education of Fulton County, the Fulton County School District shall be divided into seven education districts as follows: Education District: 1 FULTON COUNTY VTD: 00N7 MP01
Page 5079
VTD: 00P6 NC08 VTD: 00R2 RW01 VTD: 00R3 RW02 VTD: 00R4 RW03 VTD: 00R5 RW04 (Part) Tract: 0114.11 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 115, 116, 117A, 119, 120, 201, 202, 301, 302A, 401A, 402A, 501A, 601, 602, 603, 604, 605, 606, 607, 608, 609 VTD: 00R7 RW05 VTD: 00R9 RW07 (Part) Tract: 0114.03 Block(s): 501, 502, 503, 504, 505 Tract: 0114.04 Block(s): 201, 202, 203, 204, 301, 302, 401A, 401B, 402, 501B, 602C, 602D, 602E, 603, 605, 606, 607, 608, 609, 610, 701, 702B Tract: 0114.07 Block(s): 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511 Tract: 0116.01 Block(s): 615C, 615D, 615E, 615F, 616B, 616C, 616E, 617, 619 VTD: 00X3 AP02 (Part) Tract: 0114.04 Block(s): 501A, 601, 602A, 602B, 602F, 604, 702A Tract: 0116.01 Block(s): 615G, 618C, 621B, 622 VTD: 00Y2 RW09 Education District: 2 FULTON COUNTY VTD: 00K5 AP01 VTD: 00N8 NC01 VTD: 00N9 NC02 VTD: 00P1 NC03 VTD: 00P2 NC04 VTD: 00P3 NC05 VTD: 00P7 NC09 VTD: 00P9 NC11
Page 5080
VTD: 00R8 RW06 (Part) Tract: 0114.08 Block(s): 203C VTD: 00R9 RW07 (Part) Tract: 0116.01 Block(s): 110E, 110F, 610B, 611B, 613B, 614B, 615B, 618B, 620B, 620C VTD: 00X3 AP02 (Part) Tract: 0115. Block(s): 409A, 410, 411A, 411B, 411C, 411H, 412A Tract: 0116.01 Block(s): 101A, 101B, 102A, 103A, 104A, 105A, 106, 107, 108A, 108G, 109A, 110A, 110B, 110C, 110D, 110G, 111, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 304A, 403A, 403B, 403C, 403D, 404A, 405A, 405B, 407, 408A, 409, 410, 505A, 506, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610A, 610D, 610E, 611A, 612A, 613A, 614A, 615A, 616A, 618A, 620A, 620E, 620F, 621A, 623, 624, 625, 626 Education District: 3 FULTON COUNTY VTD: 0090 007B (Part) Tract: 0100. Block(s): 109B VTD: 00U8 SS02 VTD: 00U9 SS03 VTD: 00V2 SS05 VTD: 00V3 SS06 VTD: 00V4 SS07 VTD: 00V5 SS08 VTD: 00V6 SS09 VTD: 00V7 SS10 VTD: 00V8 SS11 VTD: 00V9 SS12 VTD: 00W1 SS13 VTD: 00W2 SS14
Page 5081
VTD: 00W4 SS16 VTD: 00W5 SS18 VTD: 00W6 SS19 VTD: 00W8 SS21 VTD: 00W9 SS22 Education District: 4 FULTON COUNTY VTD: 00T1 SC08 VTD: 00T2 SC09 (Part) Tract: 0105.03 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 214, 215, 216, 224, 225, 226, 227, 228, 229, 230, 231, 232, 302, 303, 304, 305, 310, 313, 314, 315 Tract: 0105.04 Block(s): 301, 302, 303, 304, 305, 313 VTD: 00T3 SC10 (Part) Tract: 0105.03 Block(s): 108C, 108D, 301, 306, 307, 308, 309, 311B, 312, 905B, 905C, 906C VTD: 00T4 SC11 (Part) Tract: 0105.04 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 226, 233, 306, 307, 308, 309, 310, 311B, 311C, 312B, 314B, 315B, 316B, 316C, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327C, 328C, 328D, 351 VTD: 00T7 SC14 VTD: 00T9 SC16 VTD: 00U1 SC17 (Part) Tract: 0105.05 Block(s): 104, 105, 106, 107, 108, 109, 111, 901, 902, 903, 904, 905, 925, 926, 927 VTD: 00X1 UC01 VTD: 00X2 UC02 VTD: 00Y3 SC01 VTD: 00Y4 SC02 VTD: 00Y5 SC03 (Part) Tract: 0077.02 Block(s): 401B, 401C, 402B, 403B, 413 Tract: 0103.02
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Block(s): 417, 418, 501C, 501E, 501F, 501G, 502, 504, 505, 506, 514, 515, 516, 517B VTD: 00Y6 SC04 VTD: 00Y7 SC05 VTD: 00Y9 SC07 (Part) Tract: 0105.06 Block(s): 703C, 707B, 714B, 718D, 719B, 740B Education District: 5 FULTON COUNTY VTD: 00J4 12E (Part) Tract: 0108. Block(s): 616A, 628A, 629, 630 VTD: 00K6 CP01 VTD: 00K7 CP02 VTD: 00K8 CP03 VTD: 00L2 CP06 VTD: 00M3 EP07 VTD: 00N3 FA01 VTD: 00N4 HP01 VTD: 00N5 HP02 VTD: 00R1 PA01 VTD: 00T2 SC09 (Part) Tract: 0105.03 Block(s): 201, 210, 211, 212, 213, 217, 218, 219, 220, 221, 222, 223 VTD: 00T3 SC10 (Part) Tract: 0105.03 Block(s): 101B, 102, 103, 104, 105, 106, 108B, 109, 110, 114, 115, 116, 117, 118, 120, 121, 122, 123 VTD: 00T4 SC11 (Part) Tract: 0105.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 220, 221, 222, 223, 224, 227, 231, 232, 235, 401, 402, 410, 411, 412 VTD: 00T5 SC12 VTD: 00T6 SC13 VTD: 00U3 SC19 VTD: 00U5 SC21 VTD: 00Y9 SC07 (Part) Tract: 0105.06
Page 5083
Block(s): 201, 202D, 202E, 203B, 203C, 203D, 204B, 206, 302, 303, 304, 305, 306, 307, 308, 401, 402, 403C, 403D, 405, 406B, 406C, 406D, 406E, 406F, 410, 418, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436B, 437, 438, 439B, 439C, 440, 441, 442B, 443, 444, 445, 446, 447, 448, 457B, 457C, 601, 602B, 606, 614B, 615, 707C, 710B, 711B, 716F, 716G, 718C, 944E, 944F, 944G Education District: 6 FULTON COUNTY VTD: 00J4 12E (Part) Tract: 0110. Block(s): 114B VTD: 00L1 CP05 VTD: 00L6 EP01 VTD: 00L7 EP02 VTD: 00L8 EP03 VTD: 00M1 EP05 VTD: 00M2 EP06 VTD: 00M5 EP09 VTD: 00M6 EP10 VTD: 00M7 EP11 VTD: 00M8 EP12 VTD: 00N1 EP14 VTD: 00N2 EP15 VTD: 00U1 SC17 (Part) Tract: 0105.03 Block(s): 901B, 903, 904B, 904C, 904D Tract: 0105.05 Block(s): 101B, 102B, 103, 110 Tract: 0106.02 Block(s): 311B, 312B, 313, 314B, 324B Tract: 0113.02 Block(s): 311B, 316B, 317, 401, 402, 403, 404, 405, 428B, 429B, 431B, 435, 436, 437, 438 VTD: 00Y5 SC03 (Part) Tract: 0077.02
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Block(s): 325B Tract: 0103.02 Block(s): 501D, 503 Tract: 0113.02 Block(s): 408B, 414, 432B Education District: 7 FULTON COUNTY VTD: 00P4 NC06 VTD: 00P5 NC07 VTD: 00R5 RW04 (Part) Tract: 0114.10 Block(s): 201A VTD: 00R8 RW06 (Part) Tract 0114.08 Block(s): 201B, 203B, 204, 205, 206A, 207, 208A, 301A, 302, 303, 304, 305, 306, 601B, 602B, 602C, 603, 604, 605, 606, 607, 608 VTD: 00U7 SS01 VTD: 00V1 SS04 VTD: 00W3 SS15 VTD: 00W7 SS20 VTD: 00X5 SS23 VTD: 00X6 SS17 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Whenever the description of any education district refers to a named city, it shall mean the geographical
Page 5085
boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of the Fulton County School District which is not included in any education district described in this subsection shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of the Fulton County School District which is described in this subsection as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Said Act is further amended by striking subsection (a) of Section 3 of said Act and inserting in lieu thereof a new subsection (a) to read as follows: (a) All members of the Board of Education of Fulton County who were in office on January 1, 1992, shall serve for the remainder of their unexpired terms to which they were elected. At the election conducted as provided in subsection (b) of Section 2 of this Act in 1992, members shall be elected to represent Education Districts 1, 3, 4, and 7. The persons elected to represent Education Districts 1, 3, and 4 at such election shall take office on January 1, 1993, for terms of office
Page 5086
of four years and until their successors are elected and qualified. The person elected to represent Education District 7 at such election shall take office on January 1, 1993, for an initial term of office of two years and until such person's successor is elected and qualified. At the election conducted as provided in subsection (b) of Section 2 of this Act in 1994, members shall be elected to represent Education Districts 2, 5, 6, and 7. The persons elected to represent such education districts at such election shall take office on January 1, 1995, for terms of office of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the nonpartisan elections provided for in subsection (b) of Section 2 of this Act which are held immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years. All members shall serve until their successors are elected and qualified. Section 3 . (a) It shall be the duty of the attorney of the Board of Education of Fulton County to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965, as amended; and it shall be the duty of the Board of Education of Fulton County to direct and ensure that such submission is made by the board's attorney or some other attorney if the board's attorney fails to act. It shall be the duty of the board of education and the board's attorney to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or it becomes law without such approval and to ensure that such submission contains all materials necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General. (b) If, as of the first date upon which candidates may begin qualifying for the nonpartisan primary in 1992 provided for in subsection (b) of Section 2 of an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended by an Act approved March 18, 1985 (Ga. L. 1985, p. 3723), implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
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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 1992 session of the General Assembly of Georgia a bill to amend an Act providing for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended; and for other purposes. This 10th day of January, 1992. DOROTHY FELTON GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dorothy Felton, who, on oath, deposes and says that she is Representative from the 22nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: January 16, 1992. /s/ Dorothy Felton Representative, 22nd District Sworn to and subscribed before me, this 17th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 27, 1992.
Page 5088
LAMAR COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 680 (House Bill No. 1987). AN ACT To amend an Act creating the Board of Commissioners of Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended, particularly by an Act approved March 2, 1987 (Ga. L. 1987, p. 3752), so as to change the composition of the commissioner districts from which members of the board of commissioners are elected; to provide for definitions and inclusions; to provide for elections and terms; to require submission of this Act to the United States Attorney General for certain approval; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain 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 Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended, particularly by an Act approved March 2, 1987 (Ga. L. 1987, p. 3752), is amended by striking subsections (b) and (c) of Section 1 and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) For the purpose of electing members of the board of commissioners, Lamar County shall be divided into four commissioner districts as follows: Commissioner District No. 1 LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9701. Block(s): 269, 270, 271, 272 Tract: 9702. Block(s): 145A, 146, 206A, 207, 210A, 211, 212, 213,
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214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 319, 320 Tract: 9703. Block(s): 101A, 101B, 102, 103A, 103B, 104A, 104B, 104C, 107, 108A, 108B, 109, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 211, 213, 214, 215, 216, 217, 218, 219, 220, 327, 328, 329, 330, 337 Commissioner District No. 2 LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9702. Block(s): 143, 144A, 144B, 144C, 145B, 145C, 145D, 145E, 147A, 147B, 148A, 148B, 148C, 149, 150, 153, 154, 155A, 155B, 155C, 156, 203, 205, 206B, 208, 209, 210B, 420, 422, 424, 504A, 505, 507, 508, 510, 511, 513, 514, 515, 516, 557, 562, 563, 565 VTD: 0002 MILNER GMD 540 (Part) Tract: 9701. Block(s): 136A, 152A, 154, 155, 217, 218, 219 VTD: 0003 JOHNSTANVILLE GMD 504 (Part) Tract: 9702. Block(s): 101, 102, 103, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 151, 152, 171, 172, 173, 174, 175, 176, 221, 222, 223 VTD: 0004 CHAPPELL GMD 523 (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 136B, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152B, 161, 162, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180 VTD: 0005 REDBONE GMD 539
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Commissioner District No. 3 LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9702. Block(s): 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 313, 314, 315, 316, 317, 318, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 413A, 413B, 414, 415, 416, 417A, 417B, 417C, 418A, 418B, 418C, 419, 421, 423, 425, 426, 427, 501, 502A, 502B, 503A, 503B, 504B, 506, 509, 512, 517, 521, 558, 559, 560, 561, 564, 566, 567, 568, 569, 570, 571, 572, 573, 574 Tract: 9703. Block(s): 210, 212, 306A, 306B, 308, 309, 310, 311, 312A, 312B, 313, 314A, 314B, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325A, 325B, 326A, 326B, 331, 332, 333, 334, 335, 336, 338, 339, 427, 428, 429, 430A, 430B, 430C, 431, 432, 433A, 433B, 434A, 434B, 435A, 435B, 436A, 436B, 436C, 436D, 437, 438, 439, 440A, 442, 443, 444, 467A, 470, 471, 473, 474A VTD: 0006 PIEDMONT GMD 1494 Commissioner District No. 4 LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9701. Block(s): 191, 192, 265, 266, 267, 268, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 380A, 380B, 381A, 381B, 382, 383, 384, 385, 386, 387 Tract: 9702. Block(s): 202, 204 Tract: 9703. Block(s): 105, 106, 301, 302, 303, 304, 305, 307A, 307B, 401, 402, 403, 404, 405, 406 VTD: 0002 MILNER GMD 540 (Part) Tract: 9701. Block(s): 153A, 184, 185, 186, 187, 188, 189, 193,
Page 5091
194, 195, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 216, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 252, 253A, 253B, 254, 255, 256, 257, 258, 259A, 259B, 260, 261, 262A, 262B, 263, 264, 273A, 273B, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356A, 356B, 357A, 357B, 358, 359, 360, 361, 362, 363, 364, 365A, 365B, 366A, 366B, 377A, 377B, 378, 379A, 379B VTD: 0003 JOHNSTANVILLE GMD 504 (Part) Tract: 9702. Block(s): 104, 105, 201 VTD: 0004 CHAPPELL GMD 523 (Part) Tract: 9701. Block(s): 133, 134, 135, 153B, 156, 157, 158, 159, 160, 163, 181, 182, 183, 190, 201, 202B, 215B (c) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district
Page 5092
contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Lamar County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Lamar County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . All members of the Board of Commissioners of Lamar County who were in office on March 1, 1992, shall continue to serve for the remainder of the unexpired terms of office to which they were elected. A successor to each such member shall be elected in the November general election immediately preceding the expiration of such member's term of office. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Lamar County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4 . All laws and parts of laws in conflict with this Act are repealed.
Page 5093
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended; and for other purposes. This 21st day of Feb., 1992. /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, which is the official organ of Lamar County, on the following date: February 26, 1992. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 30, 1992.
Page 5094
LAMAR COUNTYBOARD OF EDUCATION; DISTRICTS. No. 681 (House Bill No. 1988). AN ACT To amend an Act providing for the election of members of the Board of Education of Lamar County, approved March 30, 1971 (Ga. L. 1971, p. 2710), as amended, particularly by an Act approved March 2, 1987 (Ga. L. 1987, p. 3740), so as to change the composition of education districts from which members of the board of education are elected; to provide for definitions and inclusions; to provide for elections and terms; to require submission of this Act to the United States Attorney General for certain approval; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the election of members of the Board of Education of Lamar County, approved March 30, 1971 (Ga. L. 1971, p. 2710), as amended, particularly by an Act approved March 2, 1987 (Ga. L. 1987, p. 3740), is amended by striking Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The Board of Education of Lamar County shall be composed of five members. (b) For the purpose of electing members of the board, the Lamar County School District shall be divided into four education districts as follows: Education District No. 1 LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9701.
Page 5095
Block(s): 269, 270, 271, 272 Tract: 9702. Block(s): 145A, 146, 206A, 207, 210A, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 319, 320 Tract: 9703. Block(s): 101A, 101B, 102, 103A, 103B, 104A, 104B, 104C, 107, 108A, 108B, 109, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 211, 213, 214, 215, 216, 217, 218, 219, 220, 327, 328, 329, 330, 337 Education District No. 2 LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9702. Block(s): 143, 144A, 144B, 144C, 145B, 145C, 145D, 145E, 147A, 147B, 148A, 148B, 148C, 149, 150, 153, 154, 155A, 155B, 155C, 156, 203, 205, 206B, 208, 209, 210B, 420, 422, 424, 504A, 505, 507, 508, 510, 511, 513, 514, 515, 516, 557, 562, 563, 565 VTD: 0002 MILNER GMD 540 (Part) Tract: 9701. Block(s): 136A, 152A, 154, 155, 217, 218, 219 VTD: 0003 JOHNSTANVILLE GMD 504 (Part) Tract: 9702. Block(s): 101, 102, 103, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 151, 152, 171, 172, 173, 174, 175, 176, 221, 222, 223 VTD: 0004 CHAPPELL GMD 523 (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 136B, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152B,
Page 5096
161, 162, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180 VTD: 0005 REDBONE GMD 539 Education District No. 3 LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9702. Block(s): 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 313, 314, 315, 316, 317, 318, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 413A, 413B, 414, 415, 416, 417A, 417B, 417C, 418A, 418B, 418C, 419, 421, 423, 425, 426, 427, 501, 502A, 502B, 503A, 503B, 504B, 506, 509, 512, 517, 521, 558, 559, 560, 561, 564, 566, 567, 568, 569, 570, 571, 572, 573, 574 Tract: 9703. Block(s): 210, 212, 306A, 306B, 308, 309, 310, 311, 312A, 312B, 313, 314A, 314B, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325A, 325B, 326A, 326B, 331, 332, 333, 334, 335, 336, 338, 339, 427, 428, 429, 430A, 430B, 430C, 431, 432, 433A, 433B, 434A, 434B, 435A, 435B, 436A, 436B, 436C, 436D, 437, 438, 439, 440A, 442, 443, 444, 467A, 470, 471, 473, 474A VTD: 0006 PIEDMONT GMD 1494 Education District No. 4 LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9701. Block(s): 191, 192, 265, 266, 267, 268, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 380A, 380B, 381A, 381B, 382, 383, 384, 385, 386, 387 Tract: 9702. Block(s): 202, 204 Tract: 9703. Block(s): 105, 106, 301, 302, 303, 304, 305, 307A,
Page 5097
307B, 401, 402, 403, 404, 405, 406 VTD: 0002 MILNER GMD 540 (Part) Tract: 9701. Block(s): 153A, 184, 185, 186, 187, 188, 189, 193, 194, 195, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 216, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 252, 253A, 253B, 254, 255, 256, 257, 258, 259A, 259B, 260, 261, 262A, 262B, 263, 264, 273A, 273B, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356A, 356B, 357A, 357B, 358, 359, 360, 361, 362, 363, 364, 365A, 365B, 366A, 366B, 377A, 377B, 378, 379A, 379B VTD: 0003 JOHNSTANVILLE GMD 504 (Part) Tract: 9702. Block(s): 104, 105, 201 VTD: 0004 CHAPPELL GMD 523 (Part) Tract: 9701. Block(s): 133, 134, 135, 153B, 156, 157, 158, 159, 160, 163, 181, 182, 183, 190, 201, 202B, 215B (c) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
Page 5098
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of the Lamar County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of the Lamar County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . All members of the Board of Education of Lamar County in office on March 1, 1992, shall continue to serve for the remainder of their unexpired terms of office to which they were elected. A successor to each such member shall be elected in the November general election immediately preceding the expiration of such member's term of office. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Lamar County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Page 5099
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 1992 session of the General Assembly of Georgia a bill to amend an Act providing for the election of members of the Board of Education of Lamar County, approved March 30, 1971 (Ga. L. 1971, p. 2710), as amended; and for other purposes. This 21st day of Feb., 1992. /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, which is the official organ of Lamar County, on the following date: February 26, 1992. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 30, 1992.
Page 5100
COBB COUNTYBOARD OF COMMISSIONERS; DISTRICTS; QUALIFICATIONS; COMPENSATION; COUNTY MANAGER AND DEPARTMENT HEADS. No. 682 (House Bill No. 1672). AN ACT To amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to change the provisions relating to districts for the election of commissioners; to provide for commissioner districts; to provide for definitions and insertions; to provide for the qualifications of the commissioners; to provide for the compensation of the commissioners and the chairman; to provide that the chairman shall appoint the county manager and the heads of the departments of the county government with the consent of a majority of the county commissioners; to provide for submission of this Act to the United States Attorney General; 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 Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, is amended by striking subsection (a) of Section 2(A) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The commission shall consist of five members of which four members shall be known as part-time commissioners and one member shall be known as chairman. The chairman shall be elected by the voters of the entire county. The other four positions of the commission shall be designated as Commissioner District 1, Commissioner District 2, Commissioner District 3, and Commissioner District 4. Only those persons who possess the qualifications set forth hereinafter and who reside within that district, as hereinafter described, shall be eligible to offer for election to Commissioner Districts 1, 2, 3, and 4. Persons offering for Commissioner
Page 5101
Districts 1, 2, 3, and 4 shall be elected only by the qualified voters residing within the respective commissioner districts for which such persons offer as candidates. Section 2 . Said Act is further amended by striking subsection (b) of Section 2A in its entirety and inserting in lieu thereof the following: (b) The commissioner districts shall be as follows: Commissioner District: 1 COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0018 DOBBINS 2 (Part) Tract: 0305.03 Block(s): 208B VTD: 0020 DUE WEST VTD: 0022 ELIZABETH 1 VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 306, 307B, 308B, 501, 502, 503, 504, 601C, 601D, 602F, 602G, 602H, 602J, 602K, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710B, 710C, 711B, 711C, 713, 714, 715, 716, 717B, 718B, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 201B, 202C VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319 Tract: 0305.03 Block(s): 302C, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 411B, 411C, 411D, 412B, 413B
Page 5102
VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s): 108B, 109C, 110C, 113B, 128B Tract: 0307. Block(s): 118C Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C Tract: 0309.03 Block(s): 101D, 102, 201B, 202B, 202C, 202D Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.05 Block(s): 205B VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 VTD: 0061 MARIETTA 5 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.05 Block(s): 205A Tract: 0305.02 Block(s): 112A, 114B, 305B, 317A, 318A Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 502A, 601, 602, 603, 604 Tract: 0307. Block(s): 106, 107, 109, 201 VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3
Page 5103
VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 VTD: 0078 OREGON 4 VTD: 0090 RED ROCK VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0305.03 Block(s): 205C, 419B, 419C VTD: 00B6 KEMP VTD: 00B8 CHEATHAM HILL 2 VTD: 00B9 MARIETTA 2B VTD: 00C1 OREGON 5 Commissioner District: 2 COBB COUNTY VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0017 DOBBINS 1 VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D Tract: 0304.04 Block(s): 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.06 Block(s): 401D, 401F, 501D Tract: 0310.01 Block(s): 910C, 925C Tract: 0311.08 Block(s): 102H, 102J, 314B, 401D, 401E, 403, 404A, 405A, 406, 407, 408, 409B, 411D VTD: 0021 EASTSIDE VTD: 0032 FAIR OAKS 6 (Part) Tract: 0308. Block(s): 206B VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609,
Page 5104
611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 301, 302, 303, 304, 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601B, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905 VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 901A, 919A Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.04 Block(s): 301A, 302 Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803 VTD: 0063 MARIETTA 7 VTD: 0067 MT. BETHEL 1 VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 107B, 116E, 130B, 136B, 137B, 139B VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.07 Block(s): 201B, 202B, 203A, 203F, 203G, 203H, 203J, 206B, 217, 226B, 227, 306C, 309B, 323B VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 (Part) Tract: 0311.07 Block(s): 204B, 204C, 205C, 205D, 205E, 205F, 207B, 303, 304, 305, 306E, 307B, 317C, 318B, 318C, 321B, 322, 324, 326 Tract: 0312.02 Block(s): 401, 402, 437B, 438F, 439B, 601C, 602, 603B, 604, 605C, 606, 607B, 608C, 608D, 609B, 612B, 612C, 613B, 613D, 613E, 613F, 650 VTD: 0079 PARKAIRE VTD: 0092 SEWELL MILL 2
Page 5105
VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B Tract: 0304.02 Block(s): 122, 127 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: 00A1 SMYRNA 6 (Part) Tract: 0310.01 Block(s): 210, 216C, 216D, 228B Tract: 0310.02 Block(s): 120A Tract: 0310.03 Block(s): 110A, 112A Tract: 0311.01 Block(s): 101A, 105, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121A, 122A, 302, 303, 311, 312, 313, 314, 315 Tract: 0311.05 Block(s): 101, 102 Tract: 0311.08 Block(s): 303A, 304, 308, 310A, 319 VTD: 00A2 SMYRNA 7 VTD: 00A3 SOPE CREEK 1 VTD: 00A4 SOPE CREEK 2 VTD: 00A5 SOPE CREEK 3 VTD: 00A9 VININGS 1 VTD: 00B1 VININGS 2 VTD: 00B2 VININGS 3 Commissioner District: 3 COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3
Page 5106
VTD: 0010 BISHOP LAKE VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0019 DODGEN VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 309, 310, 311, 409, 601B VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 112C, 113, 114C, 115, 116, 201C, 201D, 203, 204, 205, 206, 207, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0305.03 Block(s): 301 VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 302B, 302D, 303, 304, 305, 306, 401, 402B, 404, 405, 406B VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.01 Block(s): 907B, 908, 920B, 920C VTD: 0038 GARRISON MILL VTD: 0039 GRITTERS 1 VTD: 0040 GRITTERS 2 VTD: 0041 GRITTERS 3 VTD: 0042 GRITTERS 4 VTD: 0043 GRITTERS 5 VTD: 0044 GRITTERS 6 VTD: 0045 GRITTERS 7 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 906A, 907A, 920A, 920D Tract: 0305.03 Block(s): 302A, 402A, 403, 406A, 501A, 502B, 503A VTD: 0068 MT. BETHEL 2 VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4
Page 5107
VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0304.01 Block(s): 203, 204, 205, 206, 207, 208, 920E Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 206, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508 VTD: 00B3 GRITTERS 8 VTD: 00B4 GRITTERS 11 VTD: 00B5 GRITTERS 10 VTD: 00B7 GRITTERS 9 Commissioner District: 4 COBB COUNTY VTD: 0002 AUSTELL VTD: 0009 BIRNEY 1 VTD: 0015 CLARKDALE VTD: 0018 DOBBINS 2 (Part) Tract: 0304.04 Block(s): 101E Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 102B, 301B, 301C, 401C, 401E Tract: 0308. Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910E, 910F, 910G, 910H, 910J, 910K, 910L, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B Tract: 0311.08 Block(s): 202B, 209B, 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313B, 313C, 316, 317, 318, 320B, 321B, 322, 404B, 405C VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3
Page 5108
VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 VTD: 0056 MACLAND VTD: 0057 MARIETTA 1 VTD: 0070 MT. HARMONY VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 105B, 112, 116D, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130C, 132, 135C, 136C, 601, 602, 603, 604, 615, 620, 621, 623, 624, 625 Tract: 0311.06 Block(s): 409, 410 Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422 VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.05 Block(s): 113, 114, 131, 134, 139C, 605, 606, 607, 608, 609B, 610, 611, 612, 613, 614, 616, 617, 618, 619, 622, 627 Tract: 0311.06 Block(s): 412 Tract: 0311.07 Block(s): 315B, 401B, 402, 403, 409A, 409C, 409D, 410, 416B, 417, 418B, 421B VTD: 0074 OAKDALE 2 (Part) Tract: 0311.07 Block(s): 306D Tract: 0312.02 Block(s): 320, 321, 322, 323, 324B, 326, 328, 331B, 613C VTD: 0076 OREGON 2 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS
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VTD: 00A1 SMYRNA 6 (Part) Tract: 0310.03 Block(s): 113A VTD: 00A6 SWEETWATER 1 VTD: 00A7 SWEETWATER 2 VTD: 00A8 SWEETWATER 3 VTD: 00C2 BIRNEY 2 For purposes of this subsection: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Cobb County which is not included in any commissioner district described in this subsection shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Cobb County which is described in this subsection as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous
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to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 3 . Said Act is further amended by striking subsection (c) of Section 2A in its entirety and inserting in lieu thereof the following: (c) Each person offering for Commissioner Districts 1, 2, 3, and 4 shall be a resident of the district created by this section which he or she offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such election. Section 4 . Said Act is further amended by striking paragraph (C) of Section 2 in its entirety and inserting in lieu thereof the following: (C) Qualifications of Commission Members. Members of the commission, other than the chairman, shall be citizens of this state who have attained the age of 25 years and who have been residents of their respective district for not less than one year preceding their qualifying date and shall hold no other elective public office. Section 5 . Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. Election and Term of Commissioners and Chairman. (a) The persons serving from Commissioner Posts 2 and 4 under the law in effect immediately prior to the effective date of this section shall serve the remainder of their respective terms which shall expire December 31, 1992, and until their respective successors are duly elected and qualified. Their respective successors who are first elected from the new Commissioner Districts 2 and 4, as constituted under subsection (a) of Section 2(A) of this Act, shall be elected at the general election of 1992 and take office the first day of January, 1993, to serve for terms of four years
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each and until their respective successors are duly elected and qualified. (b) The persons serving from Commissioner Posts 1 and 3 under the law in effect immediately prior to the effective date of this section shall serve the remainder of their respective terms which shall expire December 31, 1994, and until their respective successors are duly elected and qualified. Their respective successors who are first elected from the new Commissioner Districts 1 and 3, as constituted under subsection (a) of Section 2(A) of this Act, shall be elected at the general election of 1994 and take office the first day of January, 1995, to serve for terms of four years each and until their respective successors are duly elected and qualified. Any person elected in a special election pursuant to Section 5 of this Act to fill the unexpired term of either Commissioner Post 1 or 3 after the effective date of this Act shall serve the remainder of that term until December 31, 1994. (c) The person serving as chairman on January 1, 1992, shall serve for the remainder of his term as chairman, which term shall expire December 31, 1992, and until that person's successor is duly elected and qualified pursuant to subsection (d) of this section. (d) After the initial terms of commissioners specified in subsections (a) and (b) of this section and after the expiration of the term of the chairman under subsection (c) of this section, successors to commission members and the chairman whose terms are to expire shall be elected at the general election immediately preceding the expiration of those terms and take office the first day of January following their election, to serve for terms of four years each and until their respective successors are duly elected and qualified. (e) Neither the chairman nor any commissioner shall be qualified to offer for election to any commissioner district other than the one in which he is serving without first resigning from the commissioner district in which he or she at that time is serving.
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Section 6 . Said Act is further amended by striking Section 8 and inserting in lieu thereof a new Section 8 to read as follows: Section 8. Compensation. (a) Commissioners, other than the chairman, shall be paid as their entire compensation for services as same the sum of $19,000.00 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairman shall receive as his entire compensation the sum of $34,000.00 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. Except as provided otherwise in this section, the salary so fixed shall constitute the entire compensation from all sources to which said chairman or any commissioner shall be entitled. The chairman and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include the following: (1) Mileage reimbursement for the use of a personal automobile while conducting county business; (2) Secretarial services, if required, over and above the services normally provided by the county; and (3) Travel and lodging expenses and fees incurred in conjunction with training seminars, conventions, or official county business conducted outside of Cobb County. (b) Expenses may be reimbursed only after the submission of receipts for said expenses to the county comptroller and the approval by majority vote of the commission at a regularly scheduled meeting. The chairman and commissioners shall be entitled to compensation for serving on any other boards or authorities for which their membership is provided by law. Section 7 . Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows:
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Section 10. The chairman shall be the chairman of the board of commissioners of the county, shall preside over meetings of the commission, shall appoint the vice-chairman of the commission on an annual basis, shall appoint the committee chairmen, and shall appoint the heads of the departments of the county government from a list provided by the county manager and with the consent of a majority of the commission members and chairman. Section 8 . Said Act is further amended by striking subsections (a) and (b) of Section 10B in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) There is created the office of county manager of Cobb County who shall be appointed by the chairman with the consent of the commissioners. The qualifications, term of office, compensation, procedure for removal or suspension, method of filling vacancies, and other related matters pertaining to the office of county manager shall be provided for by resolution of the board of commissioners of Cobb County. (b) In his or her discretion, the chairman of the board of commissioners of Cobb County may select a person for the office of county manager solely upon the person's executive and administrative qualifications with specific reference to actual experience in or knowledge of accepted practices in respect to the duties of the office. In his or her discretion, the chairman of the board of commissioners may require any person appointed to the office of county manager to hold a bachelor's degree in business administration, accounting, finance, or related fields and possess at least five years' experience as a county or city manager or as an assistant county or city manager; or the chairman of 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 three years' experience as a county or city manager or as an assistant county or city manager. Section 9 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such
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approval. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Cobb County to submit this Act to the United States Attorney General for approval. Section 10 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Cobb County, approved June 19, 1964 (Ga. L. 1964, p. 2075), as amended, so as to increase the compensation for the chairperson and members of the board of commissioners; and for other purposes. This 16th day of January, 1992. Jack Vaughan Delegation Secretary Honorable Fred Aiken Representative, 21st District Honorable Bill Atkins Representative, 21st District Honorable Eugene T. Clark Representative, 20th District Honorable Tom Cauthorn Representative, 20th District Honorable Lynda Coker Representative, 21st District Honorable John W. Hammond Representative, 20th District Honorable Kip Klein Representative, 21st District Honorable Debra A. Mills Representative, 20th District Honorable Jack Vaughan Representative, 20th District Honorable Tom Wilder
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Representative, 21st District Honorable Charles C. Clay Senator, 37th District Honorable Sallie Newbill Senator, 56th District Honorable Hugh A. Ragan Senator, 32nd District Honorable Steve Thompson Senator, 33rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynda Coker, who, on oath, deposes and says that she is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 17, 1992. /s/ Lynda Coker Representative, 21st District Sworn to and subscribed before me, this 27th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 30, 1992.
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COBB COUNTYBOARD OF EDUCATION; DISTRICTS; ELECTIONS. No. 683 (House Bill No. 2052). AN ACT To amend an Act changing the boundaries of the seven education districts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, so as to change the boundaries of the seven education districts for the election of members of the Board of Education of Cobb County; to continue terms of office; to provide for the election of members from each education district only by voters of that district voting for such office; to provide for definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act changing the boundaries of the seven education districts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, is amended by striking subsection (a) of Section 2 of said Act and inserting in lieu thereof a new subsection (a) to read as follows: (a) For the purpose of electing members of the Board of Education of Cobb County, the Cobb County School District is divided into seven education districts as follows: Education District: 1 COBB COUNTY VTD: 0001 ACWORTH VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.04 Block(s): 101, 104, 107, 108, 211B, 212 VTD: 0013 CHEATHAM HILL 1 VTD: 0020 DUE WEST VTD: 0051 LOST MOUNTAIN
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VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 (Part) Tract: 0301.98 Block(s): 101, 102A, 103A, 105, 106, 107, 108B, 108C, 113, 114B, 114C, 116B, 118, 119, 120, 201E, 202B, 203B, 208B, 225D, 225E, 630B, 633B, 633C, 640D, 644C, 701, 702, 706E, 707D, 708, 709D, 709E, 710B, 711B, 712B, 801B, 802C, 803, 804, 805B, 805C, 805D, 806B Tract: 0302.04 Block(s): 102, 103, 105, 106, 201, 202, 203, 204, 205, 206C, 207, 208, 209, 210, 313A, 313B, 313C, 314A, 314B, 315, 316, 402D, 403B Tract: 0316.98 Block(s): 307A VTD: 0066 MARS HILL 3 VTD: 0075 OREGON 1 VTD: 0076 OREGON 2 VTD: 0078 OREGON 4 VTD: 0090 RED ROCK VTD: 00B6 KEMP VTD: 00B8 CHEATHAM HILL 2 (Part) Tract: 0302.07 Block(s): 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 825, 826 VTD: 00C1 OREGON 5 Education District: 2 COBB COUNTY VTD: 0011 CHATTAHOOCHEE 1 (Part) Tract: 0303.21 Block(s): 206, 207, 208, 210, 211, 212, 404B, 405B, 406B, 408B, 604, 605 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0017 DOBBINS 1 VTD: 0018 DOBBINS 2 (Part) Tract: 0310.01 Block(s): 910C Tract: 0311.08 Block(s): 102H, 102J, 314B, 401D, 401E, 403, 404A, 405A, 406, 407, 408, 409B, 411D
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VTD: 0055 MABLETON 4 (Part) Tract: 0312.02 Block(s): 610B, 611A Tract: 0313.01 Block(s): 155A, 234, 235, 401, 402, 403, 404, 407, 423, 450, 451, 901B, 902, 903, 904, 905C, 906, 907, 908, 911, 912, 913 VTD: 0057 MARIETTA 1 (Part) Tract: 0311.09 Block(s): 101C VTD: 0070 MT. HARMONY VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 107B, 136B, 137B, 139B VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.07 Block(s): 201B, 202B, 203A, 203F, 203G, 203H, 203J, 206B, 217, 226B, 227, 306C, 309B, 323B VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: 00A1 SMYRNA 6 VTD: 00A2 SMYRNA 7 VTD: 00A9 VININGS 1 VTD: 00B1 VININGS 2 VTD: 00B2 VININGS 3 Education District: 3 COBB COUNTY VTD: 0002 AUSTELL VTD: 0015 CLARKDALE VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3
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VTD: 0056 MACLAND VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: 00A6 SWEETWATER 1 VTD: 00A7 SWEETWATER 2 VTD: 00A8 SWEETWATER 3 Education District: 4 COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.04 Block(s): 534C, 534D Tract: 0302.05 Block(s): 913C, 913D Tract: 0302.06 Block(s): 210, 211C, 211D, 211E, 231B, 233B, 234B, 236, 237B, 238, 239, 240, 241, 242, 701, 702, 703 Tract: 0302.07 Block(s): 101C, 101D, 101E, 105, 106, 107, 108B, 109, 110, 111, 112, 113E, 114B, 115C, 201D, 201E, 202, 701, 702, 703, 704, 705, 706 VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.04 Block(s): 501B, 513B, 526D, 526E, 527B, 527C, 528B, 529, 530B, 531B, 535B Tract: 0302.05 Block(s): 603B, 604, 609B, 610, 612B, 619B, 620B, 621, 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912B, 914B, 915B, 916B, 917B, 918 Tract: 0302.07 Block(s): 103C, 103D, 104B VTD: 0008 BIG SHANTY 3 VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 Tract: 0305.02 Block(s): 601C
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Tract: 0305.03 Block(s): 108B Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 308C, 325B, 405C, 417B, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501C, 501D, 501E, 502B, 506B, 601, 602, 603, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B, 901C, 901D, 902B, 902C, 902D, 902E, 917E VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 501, 502, 503, 504, 703, 704, 705, 706, 707, 708, 709, 710C, 711B, 713, 714, 715, 716 VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s): 108B, 109C, 110C, 113B, 128B Tract: 0307. Block(s): 118C VTD: 0040 GRITTERS 2 VTD: 0041 GRITTERS 3 VTD: 0042 GRITTERS 4 VTD: 0044 GRITTERS 6 VTD: 0045 GRITTERS 7 VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0060 MARIETTA 4 (Part) Tract: 0306. Block(s): 708G VTD: 0065 MARS HILL 2 (Part) Tract: 0302.04 Block(s): 404B, 405B Tract: 0302.06 Block(s): 201B, 201C VTD: 00B3 GRITTERS 8 VTD: 00B4 GRITTERS 11 (Part) Tract: 0303.07
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Block(s): 216 VTD: 00B5 GRITTERS 10 VTD: 00B7 GRITTERS 9 VTD: 00B8 CHEATHAM HILL 2 (Part) Tract: 0302.07 Block(s): 115D, 801C, 802B, 803, 823B, 824 Education District: 5 COBB COUNTY VTD: 0014 CHESTNUT RIDGE VTD: 0018 DOBBINS 2 (Part) Tract: 0305.03 Block(s): 208B VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 306, 307B, 308B, 309, 310, 311, 409, 601B, 601C, 601D, 602F, 602G, 602H, 602J, 602K, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 701B, 702, 710B, 711C, 717B, 718B, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112C, 113, 114C, 115, 116, 201B, 201C, 201D, 202C, 203, 204, 205, 206, 207, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319 Tract: 0305.03 Block(s): 302C, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 411B, 411C, 411D, 412B, 413B VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0038 GARRISON MILL VTD: 0039 GRITTERS 1 VTD: 0043 GRITTERS 5 VTD: 0061 MARIETTA 5 (Part) Tract: 0305.01
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Block(s): 601E Tract: 0305.02 Block(s): 201E, 607B VTD: 0062 MARIETTA 6 (Part) Tract: 0305.03 Block(s): 316B VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0085 POST OAK 5 VTD: 0087 POST OAK 8 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0305.03 Block(s): 419B, 419C VTD: 00B4 GRITTERS 11 (Part) Tract: 0303.14 Block(s): 101, 102, 103, 106, 107, 108, 109, 110 Education District: 6 COBB COUNTY VTD: 0010 BISHOP LAKE VTD: 0016 DICKERSON VTD: 0019 DODGEN VTD: 0021 EASTSIDE VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 301 VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 302B, 302D, 303, 304, 305, 306, 401, 402B, 404, 405, 406B VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.01 Block(s): 907B, 908, 920B, 920C VTD: 0035 FULLERS 3 (Part) Tract: 0304.02 Block(s): 109, 110, 111, 112, 114, 115, 116, 117, 118,
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119, 120, 121, 123, 124, 125, 126 VTD: 0037 FULLERS 5 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 920D VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 VTD: 0069 MT. BETHEL 3 VTD: 0079 PARKAIRE VTD: 0086 POST OAK 6 VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B, 920E Tract: 0304.02 Block(s): 122, 127 VTD: 00A3 SOPE CREEK 1 VTD: 00A4 SOPE CREEK 2 VTD: 00A5 SOPE CREEK 3 Education District: 7 COBB COUNTY VTD: 0009 BIRNEY 1 VTD: 0011 CHATTAHOOCHEE 1 (Part) Tract: 0303.21 Block(s): 201, 202, 203, 204, 205, 209, 301, 401, 402B, 402C VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 102B, 301B, 301C, 401C, 401D, 401E, 401F, 501D
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Tract: 0308. Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910E, 910F, 910G, 910H, 910J, 910K, 910L, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B, 925C Tract: 0311.08 Block(s): 202B, 209B, 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313B, 313C, 316, 317, 318, 320B, 321B, 322, 404B, 405C VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 (Part) Tract: 0308. Block(s): 206B Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C Tract: 0309.03 Block(s): 101D, 102, 201B, 202B, 202C, 202D Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 205B, 301, 302, 303, 304, 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601B, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905 VTD: 0035 FULLERS 3 (Part) Tract: 0304.02
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Block(s): 201, 212, 213, 214, 215 VTD: 0036 FULLERS 4 VTD: 0055 MABLETON 4 (Part) Tract: 0313.01 Block(s): 206, 207, 208, 209, 210, 214, 215, 216, 217, 218, 233, 405, 406, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422 VTD: 0057 MARIETTA 1 (Part) Tract: 0304.06 Block(s): 402B VTD: 0062 MARIETTA 6 (Part) Tract: 0304.05 Block(s): 203B VTD: 0063 MARIETTA 7 (Part) Tract: 0304.06 Block(s): 602D VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 105B, 112, 116D, 116E, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130B, 130C, 132, 135C, 136C, 601, 602, 603, 604, 615, 620, 621, 623, 624, 625 Tract: 0311.06 Block(s): 409, 410 Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422 VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.05 Block(s): 113, 114, 131, 134, 139C, 605, 606, 607, 608, 609B, 610, 611, 612, 613, 614, 616, 617, 618, 619, 622, 627 Tract: 0311.06 Block(s): 412 Tract: 0311.07 Block(s): 315B, 401B, 402, 403, 409A, 409C, 409D, 410, 416B, 417, 418B, 421B VTD: 0077 OREGON 3 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 205C, 206,
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501B, 502C, 503B, 503C, 504, 505, 506, 507, 508 VTD: 00C2 BIRNEY 2 For purposes of this subsection: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of the Cobb County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of the Cobb County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
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Section 2 . Said Act is further amended by striking from subsection (b) of Section 2 thereof the following: . The electorate of the Cobb County School District from the entire county as a whole shall vote on the candidates offering for election from each of the seven (7) education districts., and inserting in its place the following: and that member shall be elected only by the voters of that education district voting for such office and not by the voters of the entire county., so that when so amended said subsection shall read as follows: (b) There shall be elected to the Board of Education of Cobb County one member from each of said education districts. To be eligible for membership on the board to represent an education district, a person must reside in the education district which he represents. There shall be one member of the Board from each education district and that member shall be elected only by the voters of that education district voting for such office and not by the voters of the entire county. No person residing within the territory embraced within an independent school system shall be eligible to vote in an election for members of the Board, nor shall any such person be eligible to serve on the Board. In order to be eligible as a member of the Cobb County Board of Education, a candidate must be a resident from the education district from which they offer, must be a citizen of the United States of America, must have been a resident of the Cobb County School District for at least twelve months immediately preceding the date of the election, and a qualified elector of Cobb County. Section 3 . The members of the Board of Education of Cobb County in office on March 1, 1992, and any person selected to fill a vacancy in such office, shall continue to serve out the terms of office to which they were elected. The new education districts provided in this Act shall apply to the nomination and
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election of successors to the members of the board of education whose terms of office expire in 1992 and thereafter. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Cobb County Board of Education to submit this Act to the United States Attorney General for 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 1992 session of the General Assembly of Georgia a bill to amend an Act relating to the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended; to provide for related matters; and for other purposes. This 14 day of January, 1992. Jack Vaughan Delegation Secretary Honorable Fred Aiken Representative, 21st District Honorable Bill Atkins Representative, 21st District Honorable Eugene T. Clark Representative, 20th District Honorable Tom Cauthorn Representative, 20th District Honorable Lynda Coker Representative, 21st District Honorable John W. Hammond Representative, 20th District Honorable Kip Klein Representative, 21st District Honorable Debra A. Mills Representative, 20th District
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Honorable Jack Vaughan Representative, 20th District Honorable Tom Wilder Representative, 21st District Honorable Charles C. Clay Senator, 37th District Honorable Sallie Newbill Senator, 56th District Honorable Hugh A. Ragan Senator, 32nd District Honorable Steve Thompson Senator, 33rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kip Klein, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 17, 1992. /s/ Kip Klein Representative, 21st District Sworn to and subscribed before me, this 5th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 30, 1992.
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DOUGLAS COUNTYCOMMUNITY IMPROVEMENT DISTRICTS; CITY OF DOUGLASVILLE; BOARDS; TAXES; FEES; BOUNDARIES. No. 684 (House Bill No. 2087). AN ACT To amend an Act known as the Douglas County Community Improvement Districts Act, approved April 4, 1991 (Ga. L. 1991, p. 3709), as amended, particularly by an Act approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 407), so as to provide for the activation of community improvement districts which include areas within the incorporated area of the City of Douglasville; to change the members of the boards of community improvement districts; to provide for the manner of collection of taxes, fees, and assessments levied by community improvement districts; to provide for designation and expansion of the boundaries of community improvement districts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act known as the Douglas County Community Improvement Districts Act, approved April 4, 1991 (Ga. L. 1991, p. 3709), as amended, particularly by an Act approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 407), is amended by striking in its entirety paragraph (2) of Section 3 and substituting a new paragraph to read as follows: (2) `Board' means a governing body for a community improvement district comprised of the members of the Douglas County Board of Commissioners, the mayor of the City of Douglasville, and the executive director of the Douglasville-Douglas County Water and Sewer Authority. Section 2 . Said Act is further amended by striking Section 4 in its entirety and substituting a new section to read as follows:
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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, either wholly within the unincorporated area of the county, or wholly within the City of Douglasville, or partly within the City of Douglasville and partly within the unincorporated area of the county, each of which shall be activated upon compliance with the conditions provided in this Act and each of which shall be governed by the board as defined in this Act. The conditions for such activation shall be: (1) The adoption of a resolution consenting to the creation of each community improvement district by: (A) The Douglas County Board of Commissioners if the district is located wholly within the unincorporated area of Douglas County; (B) The City Council of Douglasville if the district is located wholly within the incorporated area of Douglasville; or (C) The Douglas County Board of Commissioners and the City Council of Douglasville if the district is located partially within the unincorporated area of Douglas County and partially within the incorporated area of Douglasville; 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
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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 commissioners who shall certify whether subparagraphs (A) and (B) of paragraph (2) of this section 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 3 . Said Act is further amended by striking in its entirety subsection (a) of Section 5 and substituting a new subsection to read as follows: (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 taxes, fees, or assessments so levied shall not exceed 2 percent of the aggregate assessed value of all real property within the district. 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 the 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 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 in
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the same manner as taxes, fees, and assessments are levied 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 of such taxes, fees, and assessments, shall be expended by the board only for the purposes authorized by this Act. Section 4 . Said Act is further amended by striking Section 6 in its entirety and substituting a new section to read as follows: Section 6. Boundaries of the districts. (a) The boundaries of each district shall be designated as such by the Douglas County Board of Commissioners if wholly within the unincorporated area of Douglas County, by the Douglas County Board of Commissioners and the City Council of Douglasville if located partially within the unincorporated area of Douglas County and partially within the city limits of Douglasville, or by the City Council of Douglasville if wholly within the incorporated area of Douglasville, as set forth in the resolution required in Section 4 of this Act, and may thereafter be expanded as provided in this Act. (b) The boundaries of a district may be expanded 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 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
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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 Douglas County Board of Commissioners if any portion of the district is or is to be in the unincorporated area of Douglas County and by the City Council of Douglasville if any portion of the district is or is to be in the incorporated area of the city. Section 5 . All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE: STATE OF GEORGIA, COUNTY OF DOUGLAS, NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION. Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act known as the Douglas County Community Improvement Districts Act, approved April 4, 1991 (Ga. L. 1991, p. 3709), as amended, to allow for the creation of community improvement districts within the incorporated areas of Douglas County, to repeal conflicting laws, and for other purposes. This 5th day of March, 1992. 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: March 7, 1992.
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/s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 31, 1992. TWIGGS COUNTYTAX COMMISSIONER; COMPENSATION; BENEFITS; PERSONNEL. No. 685 (House Bill No. 1206). AN ACT To amend an Act providing an annual salary for the Tax Commissioner of Twiggs County, approved February 18, 1977 (Ga. L. 1977, p. 2724), as amended, particularly by an Act approved March 30, 1982 (Ga. L. 1982, p. 3692), so as to change the provisions relative to the compensation and benefits of the tax commissioner; to change the provisions relative to personnel for said officer; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing an annual salary for the Tax Commissioner of Twiggs County, approved February 18, 1977 (Ga. L. 1977, p. 2724), as amended, particularly by an Act approved March 30, 1982, (Ga. L. 1982, p. 3692), is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
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Section 2. (a) The tax commissioner shall receive an annual salary of not less than an amount which is the greater of $32,905.77 or the annual salary the tax commissioner received immediately prior to the date this subsection becomes effective in 1992. The salary of the tax commissioner shall be paid in equal monthly installments from the funds of Twiggs County. (b) On and after the date this subsection becomes effective in 1992, when the governing authority of Twiggs County grants a cost-of-living increase in the compensation of county employees, the average percentage by which the compensation of county employees is increased shall be applied to the then current salary of the tax commissioner, and the salary of said officer shall be increased by such average percentage. (c) In addition to the compensation of the tax commissioner provided for in other subsections of this section and in addition to any compensation or expenses provided for in subsection (d) of this section or in Sections 4, 5, and 6 of this Act, the tax commissioner shall receive an expense allowance of $300.00 per annum payable from the funds of Twiggs County. Such expense allowance shall be paid by the governing authority of Twiggs County to the tax commissioner at such times and in such amounts as may be requested by said officer. (d) The tax commissioner shall be reimbursed for actual and necessary expenses incurred by said officer in carrying out said officer's official duties outside the county, including attendance at seminars or other training meetings for county officials. When the personal automobile of the tax commissioner is used by said officer in traveling on official business outside the county, said officer shall be reimbursed for travel expenses at the rate of 20 per mile. All expenses provided for in this subsection shall be paid from the funds of Twiggs County. (e) In addition to the compensation of the tax commissioner provided in this Act, the tax commissioner shall receive as additional compensation the same employment benefits
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which are now or hereafter authorized to be provided to members of the governing authority of Twiggs County and their dependents and beneficiaries under Code Section 36-1-11.1 of the O.C.G.A. and which are actually offered to such members and their dependents and beneficiaries as well as any paid holidays, vacation, and sick leave on the same basis as such benefits are provided to members or employees, respectively, of the governing authority of Twiggs County. The costs for such employment benefits, holidays, and leave shall be paid by the governing authority of Twiggs County from the funds of that county. Section 2 . Said Act is further amended by striking Sections 4 and 5 and inserting in its place new sections to read as follows: Section 4. The tax commissioner shall have the authority to appoint such deputies, clerks, assistants, and other personnel as said officer deems necessary to discharge efficiently and effectively the official duties of the tax commissioner's office. Said officer shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by the tax commissioner's office, together with the suggested compensation to be paid each employee. Except as otherwise provided by Section 5 of this Act, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the tax commissioner, during said officer's term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, to prescribe their duties and assignments, and to remove or replace any of such employees at will and within said officer's sole discretion. Section 5 . (a) The minimum personnel for the office of tax commissioner and the minimum compensation of such personnel shall be as follows: (1) Two full-time clerks, the higher paid of which shall be the clerk who received the higher pay as clerk immediately prior to the date this paragraph becomes effective
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in 1992, which higher paid clerk shall receive an annual salary of the greater of $13,954.51 or the annual salary that clerk received immediately prior to the date this paragraph becomes effective in 1992, and the lower paid of which shall be the clerk who received the lower pay as clerk immediately prior to the date this paragraph becomes effective in 1992, which lower paid clerk shall receive an annual salary of the greater of $12,279.89 or the annual salary that clerk received immediately prior to the date this paragraph becomes effective in 1992; and (2) One part-time clerk who shall be employed for at least four months and such additional time as may be determined at the discretion of the tax commissioner and who shall be compensated at the rate of $4.50 per hour. (b) The personnel provided for in paragraph (1) of subsection (a) of this section shall be paid in equal monthly installments from the funds of Twiggs County. The compensation of the part-time clerk provided for in paragraph (2) of said subsection (a) shall be paid from the funds of Twiggs County at such times or pay periods as shall be determined by the tax commissioner. (c) The percentage increases in the compensation of the tax commissioner made as provided in subsection (b) of Section 2 of this Act shall apply to the compensation of personnel provided for by subsection (a) of this section. (d) In addition to the compensation of the personnel otherwise provided in this section, those full-time personnel shall receive as additional compensation the same retirement, workers' compensation, life and health insurance, paid holidays, vacation and sick leave, and similar fringe benefits which are offered to persons employed by the governing authority of Twiggs County on the same basis as such benefits are provided to persons employed by the governing authority of Twiggs County. The cost for such fringe benefits shall be paid by the governing authority of Twiggs County from the funds of that county.
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Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the tax commissioner of Twiggs County, approved February 18, 1977 (Ga. L. 1977, p. 2724), as amended, particularly by an Act approved March 30, 1982 (Ga. L. 1982, p. 3692); and for other purposes. Honorable Kenneth W. Birdsong Representative, 104th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following date: January 2, 1992. /s/ Kenneth W. Birdsong Representative, 104th District
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Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 31, 1992. TWIGGS COUNTYSHERIFF; COMPENSATION; BENEFITS; PERSONNEL. No. 686 (House Bill No. 1207). AN ACT To amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2546), as amended, particularly by an Act approved March 30, 1982 (Ga. L. 1982, p. 3684), so as to change the provisions relative to the compensation and benefits of the sheriff; to change the provisions relative to personnel for said officer; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2546), as amended, particularly by an Act approved March 30, 1982 (Ga. L. 1982, p. 3684), is amended by striking Section 2 and inserting in its place a new section to read as follows: Section 2. (a) The sheriff shall receive an annual salary of not less than an amount which is the greater of
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$32,931.72 or the annual salary the sheriff received immediately prior to the date this subsection becomes effective in 1992. The salary of the sheriff shall be paid in equal monthly installments from the funds of Twiggs County. (b) On and after the date this subsection becomes effective in 1992, when the governing authority of Twiggs County grants a cost-of-living increase in the compensation of county employees, the average percentage by which the compensation of county employees is increased shall be applied to the then current salary of the sheriff, and the salary of said officer shall be increased by such average percentage. (c) In addition to the compensation of the sheriff provided for in other subsections of this section and in addition to any compensation or expenses provided for in subsection (d) of this section or in any other provisions of this Act, the sheriff shall receive an expense allowance of $500.00 per annum payable from the funds of Twiggs County. Such expense allowance shall be paid by the governing authority of Twiggs County to the sheriff at such times and in such amounts as may be requested by said officer. (d) The sheriff shall be reimbursed for actual and necessary expenses incurred by said officer in carrying out said officer's official duties outside the county, including attendance at seminars or other training meetings for county officials. When the personal automobile of the sheriff is used by said officer in traveling on official business outside the county, said officer shall be reimbursed for travel expenses at the rate of 20 per mile. All expenses provided for in this subsection shall be paid from the funds of Twiggs County. (e) In addition to the compensation of the sheriff provided in this Act, the sheriff shall receive as additional compensation the same employment benefits which are now or hereafter authorized to be provided to members of the governing authority of Twiggs County and their dependents and beneficiaries under Code Section 36-1-11.1 of the O.C.G.A. and which are actually offered to such members and their dependents and beneficiaries as well as any paid holidays, vacation, and sick leave on the same basis as such benefits
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are provided to members or employees, respectively, of the governing authority of Twiggs County. The costs for such employment benefits, holidays, and leave shall be paid by the governing authority of Twiggs County from the funds of that county. Section 2 . Said Act is further amended by striking Section 9 and inserting in its place a new section to read as follows: Section 9. (a) The sheriff shall have the authority to appoint such deputies, clerks, assistants, and other personnel as said officer deems necessary to discharge efficiently and effectively the official duties of the sheriff's office. Said officer shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by the sheriff's office, together with the suggested compensation to be paid each employee. Except as otherwise provided in this section, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the sheriff, during said officer's term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, to prescribe their duties and assignments, and to remove or replace any of such employees at will and within said officer's sole discretion. (b) The minimum personnel for the office of sheriff and the minimum compensation for such personnel shall be as follows: (1) One chief deputy, who shall be employed at the discretion of the sheriff and who shall be compensated in an amount which is the greater of $19,347.00 per annum or the annual amount such chief deputy received immediately prior to the date this paragraph becomes effective in 1992; (2) Four additional deputies, each of whom shall be compensated in an amount which is the greater of $18,147.20 per annum or the annual amount which such
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deputies received immediately prior to the date this paragraph becomes effective in 1992; (3) One secretary/radio-computer operator, who shall be compensated in an amount which is the greater of $13,954.51 per annum or the annual amount which such secretary/radio-computer operator received immediately prior to the date this paragraph becomes effective in 1992; (4) Two radio dispatchers, each of whom shall be compensated in an amount which is the greater of $12,167.35 per annum or the annual amount which such radio dispatchers received immediately prior to the date this paragraph becomes effective in 1992; and (5) One part-time radio operator who shall be compensated at the rate of $4.50 per hour. (c) The personnel provided for in paragraphs (1) through (4) of subsection (b) of this section shall be paid in equal monthly installments from the funds of Twiggs County. The compensation of the part-time radio operator provided for in paragraph (5) of subsection (b) of this section shall be paid from the funds of Twiggs County at such times or pay periods as shall be determined by the sheriff. (d) The percentage increases in the compensation of the sheriff made as provided in subsection (b) of Section 2 of this Act shall apply to the compensation of personnel provided for by subsections (b) and (e) of this section. (e) In addition to the compensation provided to personnel specified in paragraphs (3), (4), and (5) of subsection (b) of this section, such personnel shall receive an additional 15 per hour for night shift duties. (f) In addition to the compensation of the personnel otherwise provided in this section, those full-time personnel shall receive as additional compensation the same retirement, worker's compensation, life and health insurance, paid holidays, vacation and sick leave, and similar fringe benefits
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which are offered to persons employed by the governing authority of Twiggs County on the same basis as such benefits are provided to persons employed by the governing authority of Twiggs County. The costs for such fringe benefits shall be paid by the governing authority of Twiggs County from the funds of that county. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the sheriff of Twiggs County, approved February 28, 1966 (Ga. L. 1966, p. 2546), as amended, particularly by an Act approved March 30, 1982 (Ga. L. 1982, p. 3684); and for other purposes. Honorable Kenneth W. Birdsong Representative, 104th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following date; January 2, 1992. /s/ Kenneth W. Birdsong Representative, 104th District
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Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 31, 1992. TWIGGS COUNTYPROBATE COURT; JUDGE; COMPENSATION; BENEFITS; PERSONNEL. No. 687 (House Bill No. 1208). AN ACT To amend an Act providing an annual salary for the Judge of the Probate Court of Twiggs County, approved February 18, 1977 (Ga. L. 1977, p. 2727), as amended, particularly by an Act approved March 30, 1982 (Ga. L. 1982, p. 3696), so as to change the provisions relative to the compensation and benefits of the judge of the probate court; to change the provisions relative to personnel for said officer; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing an annual salary for the Judge of the Probate Court of Twiggs County, approved February 18, 1977 (Ga. L. 1977, p. 2727), as amended, particularly by an Act approved March 30, 1982 (Ga. L. 1982, p. 3696), 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 judge of the probate court shall receive an annual salary of not less than an amount which is
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the greater of $32,905.77 or the annual salary such judge received immediately prior to the date this subsection becomes effective in 1992. The salary of the judge of the probate court shall be paid in equal monthly installments from the funds of Twiggs County. (b) On and after the date this subsection becomes effective in 1992, when the governing authority of Twiggs County grants a cost-of-living increase in the compensation of county employees, the average percentage by which the compensation of county employees is increased shall be applied to the then current salary of the judge of the probate court, and the salary of said officer shall be increased by such average percentage. (c) In addition to the compensation of the judge of the probate court provided for in other subsections of this section and in addition to any compensation or expenses provided for in subsection (d) of this section or in Sections 4, 5, and 6 of this Act, the judge of the probate court shall receive an expenses allowance of $300.00 per annum payable from the funds of Twiggs County. Such expense allowance shall be paid by the governing authority of Twiggs County to the judge of the probate court at such times and in such amounts as may be requested by said officer. (d) The judge of the probate court shall be reimbursed for actual and necessary expenses incurred by said officer in carrying out said officer's official duties outside the county, including attendance at seminars or other training meetings for county officials. When the personal automobile of the judge of the probate court is used by said officer in traveling on official business outside the county, said officer shall be reimbursed for travel expenses at the rate of 20 per mile. All expenses provided for in this subsection shall be paid from the funds of Twiggs County. (e) In addition to the compensation of the judge of the probate court provided in this Act, that judge shall receive as additional compensation the same employment benefits which are now or hereafter authorized to be provided to members of the governing authority of Twiggs County and
Page 5147
their dependents and beneficiaries under Code Section 36-1-11.1 of the O.C.G.A. and which are actually offered to such members and their dependents and beneficiaries as well as any paid holidays, vacation, and sick leave on the same basis as such benefits are provided to members or employees, respectively, of the governing authority of Twiggs County. The costs for such employment benefits, holidays, and leave shall be paid by the governing authority of Twiggs County from the funds of that county. Section 2 . Said Act is further amended by striking Sections 4, 5, and 6 in their entirety and substituting in lieu thereof new Sections 4, 5, and 6 to read as follows: Section 4. The judge of the probate court shall have the authority to appoint such deputies, clerks, assistants, and other personnel as said officer deems necessary to discharge efficiently and effectively the official duties of the office of the judge of the probate court. Said officer shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by said office, together with the suggested compensation to be paid each employee. Except as otherwise provided by Section 5 of this Act, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the judge of the probate court, during said officer's term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, to prescribe their duties and assignments, and to remove or replace any of such employees at will and within said officer's sole discretion. Section 5. (a) The minimum personnel for the office of judge of the probate court and the minimum compensation of such personnel shall be as follows: (1) One chief clerk who shall receive an annual salary which is the greater of $13,954.51 or the annual salary the chief clerk received immediately prior to the date this paragraph becomes effective in 1992; and
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(2) One secretary who shall receive an annual salary which is the greater of $12,279.89 or the annual salary the secretary received immediately prior to the date this paragraph becomes effective in 1992. (b) The personnel provided for in paragraph (1) of subsection (a) of this section shall be paid in equal monthly installments from the funds of Twiggs County. (c) The percentage increases in the compensation of the judge of the probate court made as provided in subsection (b) of Section 2 of this Act shall apply to the compensation of personnel provided for by subsection (a) of this section. (d) In addition to the compensation of the personnel otherwise provided in this section, those full-time personnel shall receive as additional compensation the same retirement, workers' compensation, life and health insurance, paid holidays, vacation and sick leave, and similar fringe benefits which are offered to persons employed by the governing authority of Twiggs County on the same basis as such benefits are provided to persons employed by the governing authority of Twiggs County. The costs for such fringe benefits shall be paid by the governing authority of Twiggs County from the funds of that county. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the judge of the Probate Court of Twiggs County, approved February 18, 1977 (Ga. L. 1977, p. 2727), as amended, particularly by an Act approved
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March 30, 1982 (Ga. L. 1982, p. 3696); and for other purposes. Honorable Kenneth W. Birdsong Representative, 104th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following date: January 2, 1992. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 31, 1992. TWIGGS COUNTYSUPERIOR COURT; CLERK; COMPENSATION; BENEFITS; PERSONNEL. No. 688 (House Bill No. 1209). AN ACT To amend an Act providing an annual salary for the clerk of the Superior Court of Twiggs County, approved February 18, 1977 (Ga. L. 1977, p. 2724), as amended, particularly by an Act
Page 5150
approved March 30, 1982 (Ga. L. 1982, p. 3680), so as to change the provisions relating to the compensation and benefits of the clerk; to change the provisions relating to personnel for said officer; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing an annual salary for the clerk of the Superior Court of Twiggs County, approved February 18, 1977 (Ga. L. 1977, p. 2724), as amended, particularly by an Act approved March 30, 1982 (Ga. L. 1982, p. 3680), is amended by striking Section 2 and inserting in its place a new section to read as follows: Section 2. (a) The clerk of the superior court shall receive an annual salary of not less than an amount which is the greater of $32,905.77 or the annual salary the clerk received immediately prior to the date this subsection becomes effective in 1992. The salary of the clerk shall be paid in equal monthly installments from the funds of Twiggs County. (b) On and after the date this subsection becomes effective in 1992, when the governing authority of Twiggs County grants a cost-of-living increase in the compensation of county employees, the average percentage by which the compensation of county employees is increased shall be applied to the then current salary of the clerk of the superior court, and the salary of said officer shall be increased by such average percentage. (c) In addition to the compensation of the clerk of the superior court provided for in other subsections of this section and in addition to any compensation or expenses provided for in subsection (d) of this section or in Sections 4, 5, and 6 of this Act, the clerk shall receive an expense allowance of $300.00 per annum payable from the funds of Twiggs County. Such expense allowance shall be paid by the governing
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authority of Twiggs County to the clerk at such times and in such amounts as may be requested by said officer. (d) The clerk of the superior court shall be reimbursed for actual and necessary expenses incurred by said officer in carrying out said officer's official duties outside the county, including attendance at seminars or other training meetings for county officials. When the personal automobile of the clerk is used by said officer in traveling on official business outside the county, said officer shall be reimbursed for travel expenses at the rate of 20 per mile. All expenses provided for in this subsection shall be paid from the funds of Twiggs County. (e) In addition to the compensation of the clerk provided in this Act, the clerk shall receive as additional compensation the same employment benefits which are now or hereafter authorized to be provided to members of the governing authority of Twiggs County and their dependents and beneficiaries under Code Section 36-1-11.1 of the O.C.G.A. and which are actually offered to such members and their dependents and beneficiaries as well as any paid holidays, vacation, and sick leave on the same basis as such benefits are provided to members or employees, respectively, of the governing authority of Twiggs County. The costs for such employment benefits, holidays, and leave shall be paid by the governing authority of Twiggs County from the funds of that county. Section 2 . Said Act is further amended by striking Sections 4 and 5 and inserting in their place new sections to read as follows: Section 4. The clerk of the superior court shall have the authority to appoint such deputies, clerks, assistants, and other personnel as said officer deems necessary to discharge efficiently and effectively the official duties of the clerk's office. Said officer shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by the clerk's office, together with the suggested compensation to be paid each employee. Except as otherwise provided by Section 5 of this Act, it shall
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be within the sole discretion of the governing authority of said county to fix the number of such personnel and the compensation to be received by each employee in said office. It shall be within the sole power and authority of the clerk of the superior court, during said officer's term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, to prescribe their duties and assignments, and to remove or replace any of such employees at will and within said officer's sole discretion. Section 5. (a) The minimum personnel for the office of clerk of the superior court and the minimum compensation of such personnel shall be as follows: (1) One full-time chief deputy who shall receive an annual salary in an amount which is the greater of $13,954.51 or the annual salary that chief deputy received immediately prior to the date this paragraph becomes effective in 1992; (2) One full-time deputy who shall receive an annual salary in an amount which is the greater of $12,279.89 or the annual salary that deputy received immediately prior to the date this paragraph becomes effective in 1992; and (3) One part-time assistant who shall be compensated at the rate of $4.50 per hour. (b) The chief deputy and deputy clerk provided for in paragraphs (1) and (2) of subsection (a) of this section shall be paid in equal monthly installments from the funds of Twiggs County. The compensation of the part-time assistant provided for in paragraph (3) of said subsection (a) shall be paid from the funds of Twiggs County at such times or pay periods as shall be determined by the clerk of the superior court. (c) The percentage increases in the compensation of the clerk of the superior court made as provided in subsection
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(b) of Section 2 of this Act shall apply to the compensation of personnel provided for by subsection (a) of this section. (d) In addition to the compensation of the personnel otherwise provided in this section, those full-time personnel shall receive as additional compensation the same retirement, workers' compensation, life and health insurance, paid holidays, vacation and sick leave, and similar fringe benefits which are offered to persons employed by the governing authority of Twiggs County on the same basis as such benefits are provided to persons employed by the governing authority of Twiggs County. The costs for such fringe benefits shall be paid by the governing authority of Twiggs County from the funds of that county. Section 3 . This Act shall become effective on the first day of 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 1992 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the clerk of the Superior Court of Twiggs County, approved February 18, 1977 (Ga. L. 1977, p. 2724), as amended, particularly by an Act approved March 30, 1982 (Ga. L. 1982, p. 3680); and for other purposes. Honorable Kenneth W. Birdsong Representative, 104th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention
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to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following date: January 2, 1992. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 31, 1992. MITCHELL COUNTYBOARD OF EDUCATION; DISTRICTS; ELECTIONS; VACANCIES; CHAIRMAN. No. 691 (House Bill No. 1366). AN ACT To amend an Act providing for the election of the members of the Board of Education of Mitchell County, approved March 4, 1970 (Ga. L. 1970, p. 2239), so as to change the composition of the education districts; to provide for certain definitions and inclusions; to provide for legislative intent; to implement the provisions of a certain consent decree; to provide for elections, procedures, and qualifications; to provide for vacancies; to provide for a chairman; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1 . An Act providing for the election of the members of the Board of Education of Mitchell County, approved March 4, 1970 (Ga. L. 1970, p. 2239), is amended by striking Sections 1 through 7 and inserting in lieu thereof new Sections 1 through 6 to read as follows: Section 1. It is the intent of the General Assembly in enacting this Act to incorporate the provisions of the consent decree entered on May 10, 1984, in Cochran v. Autry , United States District Court for the Middle District of Georgia, Albany Division, Civil Action No. 79-59-ALB and to provide for the reapportionment of the Board of Education of Mitchell County pursuant to the United States decennial census of 1990. Section 2. (a) For the purpose of electing members of the Board of Education, the Mitchell County School District shall be divided into seven education districts as follows: Education District: 1 MITCHELL COUNTY VTD: 0020 COTTON AND HINSONTON (Part) Tract: 9802. Block(s): 231, 232, 233, 240, 241, 242, 243, 244, 245, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267 Tract: 9807. Block(s): 101, 102, 103, 104, 107, 108, 109, 110, 140, 141, 143, 187, 188, 189, 190 VTD: 0035 PEBBLE CITY VTD: 0045 RAIFORD VTD: 0050 SALE CITY Education District: 2 MITCHELL COUNTY VTD: 0010 CAMILLA NORTH (Part) Tract: 9803. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 220, 221, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319,
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320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334A, 334B, 335, 336, 337A, 337B, 338, 339A, 339B, 340A, 340B, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352 Tract: 9804. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 426, 427, 428, 429, 430, 431A, 431B, 432, 433A, 433B, 461, 481, 482, 483 VTD: 0015 CAMILLA SOUTH (Part) Tract: 9804. Block(s): 309A, 309B, 320A, 320B, 328, 329, 330, 331, 332, 333, 334, 335, 434, 435, 436, 437, 451, 453, 454, 455, 456, 457A, 457B, 458A, 458B, 458C, 459A, 462, 463A, 463B, 463C, 464A, 464B, 465, 466, 467, 468, 469A, 469B, 473, 474, 475 Education District: 3 MITCHELL COUNTY VTD: 0005 BACONTON VTD: 0010 CAMILLA NORTH (Part) Tract: 9803. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 169, 170, 209, 210, 211, 212, 213, 214 Education District: 4 MITCHELL COUNTY VTD: 0015 CAMILLA SOUTH (Part) Tract: 9803. Block(s): 165, 166, 167, 168, 171, 215, 216, 217, 218, 219 Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119,
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120, 121, 122A, 122B, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 150, 151, 208, 209, 210, 229, 230, 233, 234, 235, 236, 238, 239, 240, 241, 243, 307A, 307B, 307C, 307D, 308, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 321, 322, 323A, 323B, 323C, 324, 326, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 452, 470, 471, 472 Tract: 9806. Block(s): 301 VTD: 0020 COTTON AND HINSONTON (Part) Tract: 9807. Block(s): 105, 106, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 142, 144, 145, 146, 147, 148, 149, 150A, 151, 152, 191, 192, 201, 202, 203, 204, 205, 206, 207, 208, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 268, 269, 271 VTD: 0040 PELHAM (Part) Tract: 9807. Block(s): 127, 128, 129, 150B, 153B, 179B, 180, 181B Educational District: 5 MITCHELL COUNTY VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0040 PELHAM (Part) Tract: 9806. Block(s): 313, 314, 315, 316, 317B, 335B, 336B, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 355, 444B, 445, 449B, 451, 452, 453, 454, 455 Tract: 9807. Block(s): 209, 210, 211, 212B, 214B, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 249B, 250A, 250B, 251A, 251B, 251C, 252, 253, 264, 265, 266, 267, 270, 272A, 272B, 273, 274, 275, 276, 277
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Education District: 6 MITCHELL COUNTY VTD: 0015 CAMILLA SOUTH (Part) Tract: 9804. Block(s): 146, 147, 148A, 148B, 148D, 149, 201, 202, 203, 204, 205, 206, 207, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 231, 232, 237, 242, 244, 245, 246A, 246B, 247A, 247B, 248, 249, 301, 302, 303, 304, 305A, 305B, 306, 325, 327 Tract: 9806. Block(s): 101, 102, 103, 104 Tract: 9807. Block(s): 119, 120 VTD: 0040 PELHAM (Part) Tract: 9806. Block(s): 105B, 106B, 201B, 202, 203, 204, 205, 206B, 207, 208, 209B, 210, 211B, 216B, 302 Tract: 9807. Block(s): 154B, 155 Education District: 7 At Large All of Mitchell County School District (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia: (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains
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a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Mitchell County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Mitchell County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Education Districts 1, 2, 3, 4, 5, 6, and 7 At Large as they existed on January 1, 1992, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, and 7 At Large, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section. Section 3. (a) Each candidate for membership on the board other than the Education District 7 At-Large member shall be a resident of the education district which such candidate offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in an election therefor. (b) The Education District 7 At-Large member shall be a resident of the Mitchell County School District and shall
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be elected by a majority vote of the qualified voters of the entire Mitchell County School District voting in an election therefor. Section 4. (a) The members of the board of education in office on January 1, 1992, representing former Education Districts 1, 3, and 5, pursuant to the consent decree described in Section 1 of this Act, shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, members of the board of education shall be elected from Education Districts 1, 3, and 5 as provided in this Act. (b) The Education District 7 At-Large member of the board of education in office on January 1, 1992, representing the entire county school district, pursuant to the consent decree described in Section 1 of this Act, shall serve out the remainder of the term to which such member was elected, such term expiring on December 31, 1992. Such member shall be designated as representing Education District 7 At Large, comprised of the entire county school district. At the general election in 1992 and every four years thereafter, a member shall be elected at large from Education District 7 At Large as provided in this Act. (c) The members of the board of education in office on January 1, 1992, representing former Education Districts 2, 4, and 6, pursuant to the consent decree described in Section 1 of this Act, shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, members of the board of education shall be elected from Education Districts 2, 4, and 6 as provided in this Act. (d) Each member of the board of education elected pursuant to this Act shall serve for a term of office of four years and until such member's successor is elected and qualified and shall take office on January 1 immediately following such member's election.
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(e) All elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' Section 5. (a) Except as otherwise provided in subsection (b) of this section, any vacancy on the board of education shall be filled by appointment by the remaining members of the board. Any member so appointed shall be a resident of the education district such person is appointed to represent. (b) Any vacancy on the board with respect to the member representing Education District 7 At Large shall be filled by appointment by the remaining members of the board. Any member so appointed shall be a resident of the Mitchell County School District. (c) All appointments to fill vacancies under this section shall be for the remainder of the unexpired term of office. Section 6. At the first meeting of the board conducted in each odd-numbered year, the members of the board shall elect one of the members thereof to serve as chairman for the ensuing two years. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Mitchell County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 hereby given that there will be introduced at the Regular 1992 Session of the General Assembly of Georgia, a Bill to amend an Act providing for the election of the members of the Board of Education of Mitchell County, approved March 4, 1970 (Ga. L. 1970, p. 2239), as amended by Consent Order of The Honorable J. Robert Elliott, United States District Judge, United States District Court, Middle District of Georgia, on May 10, 1984; and for other purposes. This 27th day of January, 1992. /s/ Herman Wilson HERMAN WILSON, CHAIRMAN MITCHELL COUNTY BOARD OF EDUCATION 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 31, 1992. /s/ A. Richard Royal Representative, 144th District
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Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 1, 1992. SUMTER COUNTYBOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS; TERMS; RESIDENCY. No. 692 (House Bill No. 1615). AN ACT To amend an Act to create a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Green, approved December 13, 1871 (Ga. L. 1871, p. 665), as amended, particularly by an Act approved February 28, 1876 (Ga. L. 1876, p. 290); an Act approved October 5, 1885 (Ga. L. 1885, p. 4321); an Act approved August 6, 1904 (Ga. L. 1904, p. 286); an Act approved August 11, 1908 (Ga. L. 1908, p. 348); and an Act approved March 24, 1933 (Ga. L. 1933, p. 665), so as to provide for commissioner districts; to provide for definitions and inclusions; to provide for currently serving members; to provide for the election and terms of commissioners; to provide for residency; to provide for related matters; to provide for submission of this Act to the United States Attorney General for approval and conditions for automatic repeal; 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 Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Green, approved December 13,
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1871 (Ga. L. 1871, p. 665), as amended, particularly by an Act approved February 28, 1876 (Ga. L. 1876, p. 290); an Act approved October 5, 1885 (Ga. L. 1885, p. 4321); an Act approved August 6, 1904 (Ga. L. 1904, p. 286); an Act approved August 11, 1908 (Ga. L. 1908, p. 348); and an Act approved March 24, 1933 (Ga. L. 1933, p. 665), is amended by striking Sections 1 and 2 of said Act approved December 13, 1871 (Ga. L. 1871, p. 665), and repealing all said amendatory Acts thereto, and inserting in lieu thereof the following: Section 1. (a) For the purpose of electing the board of commissioners, Sumter County is divided into five commissioner districts as follows: Commissioner District: 1 SUMTER COUNTY VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 115A, 115B, 115C, 115D, 116A, 116B, 117A, 117B, 118A, 118B, 118C, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123A, 123B, 124A, 124B, 125, 126, 127, 137, 140B, 141B, 141C, 141D, 142, 143B, 144A, 144B, 145, 146A, 146B, 146C, 146D, 147A, 147B, 148A, 148B, 148C, 149B, 149C, 156, 157, 158A, 158B, 159A, 159B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 301D, 301E, 303A, 303B, 304, 305, 308, 309, 310, 315B, 321A, 322, 323 Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 133, 134, 135A, 135B, 135D, 137A, 137B, 138, 139B, 140B, 142B Tract: 9506. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 135, 136, 137, 138
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VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 192, 193, 194, 195, 196, 197 Tract: 9502. Block(s): 101, 102, 103, 104, 130, 131, 153, 154, 155, 401, 431, 432, 433 Tract: 9507. Block(s): 101, 102, 103 VTD: 0045 ANDERSONVILLE Commissioner District: 2 SUMTER COUNTY VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 128, 129, 132, 133, 134, 135, 136, 138, 139, 140A, 141A, 143A, 149A, 150, 151, 152, 301A, 301B, 301C, 302, 306, 307, 311A, 311B, 312A, 312B, 312C, 313, 314, 315A, 315C, 316A, 316B, 317, 318, 319, 320, 321B, 402, 403, 404, 405, 406, 407, 408, 409A, 409B, 409C, 409D, 409E, 410, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430 Tract: 9505. Block(s): 114B, 115, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 217A, 217C, 218, 219, 220, 221, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228, 229, 232A Tract: 9506. Block(s): 101, 126, 127, 128, 129, 130, 131, 132, 133, 134, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302, 307, 308, 309, 310, 311, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328 Tract: 9507.
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Block(s): 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 116, 123, 124, 227, 228, 229, 230, 231, 232, 233, 409A, 409G, 410, 412, 413 Commissioner District: 3 SUMTER COUNTY VTD: 0010 SUMTER CITY NEW 16 VTD: 0015 HUNTINGTON OLD 16 (Part) Tract: 9505. Block(s): 341, 342, 343, 344 Tract: 9508. Block(s): 322, 323, 324, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 371 VTD: 0020 THOMPSON 17 VTD: 0025 CONCORD NEW 26 VTD: 0030 PLAINS OLD 26 VTD: 0035 AMERICUS 27 (Part) Tract: 9503. Block(s): 201, 202, 203, 222, 223, 224, 225 Tract: 9504. Block(s): 319, 320 Tract: 9505. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114C, 114D, 116, 117, 119, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216A, 216B, 216C, 216D, 217B, 230, 231, 232B, 233A, 233B, 233C, 234, 235, 236, 237, 238, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 326B, 327, 328, 329, 331, 332, 333, 334 Tract: 9506. Block(s): 305, 306, 312, 313, 314, 315 Tract: 9507. Block(s): 414A, 414B, 414C, 414D, 415A, 415B, 415C, 415D, 416B, 416C
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Commissioner District: 4 SUMTER COUNTY VTD: 0005 LESLIE 15 VTD: 0015 HUNTINGTON OLD 16 (Part) Tract: 9507. Block(s): 428, 429, 430, 431, 433, 434, 436, 437, 438 Tract: 9508. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 318, 319, 320, 321, 325, 351, 352 VTD: 0035 AMERICUS 27 (Part) Tract: 9506. Block(s): 210 Tract: 9507. Block(s): 115, 117, 118, 125, 126, 201A, 201B, 201C, 201D, 202, 203, 204, 205, 206A, 206B, 206C, 207A, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 217, 218, 219, 220A, 220B, 220C, 220D, 221, 222, 223, 224, 225, 226, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246A, 246B, 247, 248, 249, 250, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 401A, 401B, 401C, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405, 406, 407A, 407B, 407C, 408A, 408B, 409B, 409C, 409D, 409E, 409F, 411, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 435 VTD: 0040 CHAMBLISS 28 (Part) Tract: 9507. Block(s): 119, 120, 121, 122 Tract: 9508. Block(s): 202, 203, 204, 205 Commissioner District: 5 SUMTER COUNTY VTD: 0035 AMERICUS 27 (Part) Tract: 9503. Block(s): 135C, 136, 139A, 140A, 141, 142A, 143, 144, 204, 205A, 205B, 205C, 205D, 205E, 205F, 205G, 205H, 205J, 205K, 205L, 206A, 206B, 206C, 206D, 207A, 207B, 207C, 208A, 208B,
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208C, 209A, 209B, 209C, 210, 211A, 211B, 211C, 211D, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 215A, 215B, 215C, 216A, 216B, 216C, 217A, 217B, 217C, 217D, 217E, 217F, 217G, 217H, 217J, 218A, 218B, 218C, 219, 220, 221, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514A, 514B, 515, 516, 517, 518, 519A, 519B, 520A, 520B, 520C, 521A, 521B, 521C, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 201, 202 Tract: 9506. Block(s): 303, 304 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia: (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries
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of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Sumter County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Sumter County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) The members serving on the effective date of this Act shall continue to serve until the expiration of their terms and their successors are duly elected and qualified. The members representing Commissioner Districts 1, 3, and 5 shall be elected at the general election held in November, 1992, to take office on January 1, 1993, for terms of four years and until their successors are duly elected and qualified. The members representing Commissioner Districts 2 and 4 shall be elected at the general election held in November, 1994, to take office on January 1, 1995, for terms of four years and until their successors are duly elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January of the next year for terms of four years and until their successors are duly elected and qualified. All members shall reside in the commissioner district which they represent. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney
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of the governing authority of Sumter County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 At the request of the Board of Commissioners of Sumter County, notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia certain bills to amend an Act creating a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Green, approved December 31, 1871 (Ga. L. 1871-72, p. 225), as amended; and for other purposes. This 30th day of January, 1992. 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: February 1, 1992. /s/ Jimmy Skipper Representative, 116th District
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Sworn to and subscribed before me, this 11th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 1, 1992. SUMTER COUNTYBOARD OF EDUCATION; RECONSTITUTION; DISTRICTS; TERMS; REFERENDUM. No. 693 (House Bill No. 1619). AN ACT To amend an Act providing for the election of the Sumter County Board of Education, approved February 29, 1968 (Ga. L. 1968, p. 2065), as amended, particularly by an Act approved March 15, 1973 (Ga. L. 1973, p. 2127), so as to reconstitute said board of education; to provide for definitions and inclusions; to provide for currently serving members; to provide for elections; to provide for terms of office; to provide for related matters; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the election of the Sumter County Board of Education, approved February 29, 1968 (Ga. L. 1968, p. 2065), as amended, particularly by an Act approved March 15, 1973 (Ga. L. 1973, p. 2127), is amended by striking in its entirety subsection (b) of Section 1 and inserting in lieu thereof the following:
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(b) For the purpose of electing the members of said board of education, Sumter County is divided into seven education districts as follows: Education District: 1 SUMTER COUNTY VTD: 0005 LESLIE 15 (Part) Tract: 9508. Block(s): 207 VTD: 0015 HUNTINGTON OLD 16 (Part) Tract: 9507. Block(s): 428, 429, 430 Tract: 9508. Block(s): 301, 302, 303 VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114C, 115D, 116B, 117B, 127, 128, 129, 132, 133, 134, 135, 136, 137, 138, 139, 150, 151, 152, 317, 318, 319, 320, 402, 407 Tract: 9503. Block(s): 101, 102, 103, 104, 121, 122, 123, 124, 125, 126, 133, 134 Tract: 9505. Block(s): 114D, 204B, 215B, 216C, 216D, 217B, 217C, 224B, 224C, 226B, 230, 231, 232B, 233C, 234, 235, 236, 237, 238 Tract: 9507. Block(s): 105B, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 123, 124, 201D, 206C, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216B, 220B, 220C, 220D, 246B, 401B, 401C, 402B, 402C, 403B, 404B, 406, 407C, 408B, 409E, 409F, 409G, 414B, 414C, 414D, 415C, 415D, 416B, 416C, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 435 VTD: 0040 CHAMBLISS 28 (Part) Tract: 9502. Block(s): 154, 155, 401 Tract: 9507. Block(s): 102, 103, 119
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VTD: 0045 ANDERSONVILLE (Part) Tract: 9501. Block(s): 121, 186 Tract: 9503. Block(s): 127, 128B, 128C, 129B, 129C, 131B, 132 Education District: 2 SUMTER COUNTY VTD: 0005 LESLIE 15 (Part) Tract: 9508. Block(s): 113, 120, 121, 122, 123, 124, 125, 126, 127A, 127B, 128A, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 146, 147, 155, 156, 157, 158, 159, 169, 171, 173, 174, 175, 176, 177, 178, 179, 193, 194, 195, 196, 197, 229A, 230A, 230B, 232, 233, 234, 235, 236, 237, 238, 239, 240A, 240B, 241A, 241B, 242A, 242B, 242C, 243, 244A, 244B, 244C, 245, 246A, 246B, 247, 248, 249, 250, 251A, 251B, 252A, 252B, 252C, 253A, 253B, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 309, 310, 311, 313, 314A, 314B, 315, 316, 317, 326, 327, 328A, 328B, 329, 330A, 330B, 331A, 331B, 332, 333, 334, 335A, 335B, 336, 337, 338, 339, 340, 341, 342, 343, 344A, 344B, 345, 346A, 346B, 347, 348, 349, 350, 370, 372, 373, 374, 375, 376, 377A, 377B, 378, 379, 380, 381, 382, 383, 384 VTD: 0010 SUMTER CITY NEW 16 (Part) Tract: 9505. Block(s): 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372A, 372B, 373B, 374 VTD: 0015 HUNTINGTON OLD 16 (Part) Tract: 9505. Block(s): 344 Tract: 9508. Block(s): 305, 307, 308, 318, 319, 320, 321, 322, 323, 324, 325, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 371
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Education District: 3 SUMTER COUNTY VTD: 0010 SUMTER CITY NEW 16 (Part) Tract: 9505. Block(s): 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326A, 330, 335, 336, 337, 338, 339, 340, 345, 346, 347, 348, 349, 350, 351, 373A VTD: 0015 HUNTINGTON OLD 16 (Part) Tract: 9505. Block(s): 341, 342, 343 Tract: 9507. Block(s): 431, 433, 434, 436, 437, 438 Tract: 9508. Block(s): 304, 306 VTD: 0030 PLAINS OLD 26 (Part) Tract: 9504. Block(s): 153, 301, 302, 303, 304, 305 VTD: 0035 AMERICUS 27 (Part) Tract: 9503. Block(s): 537, 538, 539, 540, 541, 542, 545, 546 Tract: 9504. Block(s): 319 Tract: 9505. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 328 Education District: 4 SUMTER COUNTY VTD: 0010 SUMTER CITY NEW 16 (Part) Tract: 9504. Block(s): 346, 347, 348, 349, 350, 351, 352, 353, 378, 379, 381, 382, 383 VTD: 0020 THOMPSON 17 VTD: 0030 PLAINS OLD 26 (Part) Tract: 9504. Block(s): 202A, 206A, 213A, 215A, 216, 217, 218, 219, 220, 221, 222, 223A, 223B, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236A, 236B, 237A, 237B, 238A, 238B, 239, 240, 241A, 241B,
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242, 243, 244, 245, 254, 306, 307, 308, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 326, 330, 364, 365 VTD: 0035 AMERICUS 27 (Part) Tract: 9504. Block(s): 320 Tract: 9505. Block(s): 326B, 327, 329, 331, 332, 333, 334 Education District: 5 SUMTER COUNTY VTD: 0025 CONCORD NEW 26 VTD: 0030 PLAINS OLD 26 (Part) Tract: 9504. Block(s): 141, 142, 143, 146, 147, 148, 149, 151, 152, 154, 155, 157, 158, 160, 161, 162, 163, 164, 165, 166, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213B, 214, 215B, 246, 247, 248, 249, 250, 251, 252, 253, 363, 369, 370 VTD: 0035 AMERICUS 27 (Part) Tract: 9503. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 201, 202, 203, 204, 222, 223, 224, 225, 501, 502, 503, 504, 505, 507, 508, 509 Education District: 6 SUMTER COUNTY VTD: 0005 LESLIE 15 (Part) Tract: 9508. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 128B, 143, 144, 145, 148, 149, 150, 151, 152, 153, 154, 160, 161, 162, 163, 164, 165, 166, 167, 168, 170, 172, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 201, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229B, 230C, 231, 268, 269, 270, 271, 272, 312 VTD: 0035 AMERICUS 27 (Part)
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Tract: 9502. Block(s): 114B VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 192, 193, 194, 195, 196, 197 Tract: 9502. Block(s): 101, 102, 103, 104, 130, 131, 153, 431, 432, 433 Tract: 9507. Block(s): 101, 120, 121, 122 Tract: 9508. Block(s): 202, 203, 204, 205 VTD: 0045 ANDERSONVILLE (Part) Tract: 9501. Block(s): 101A, 101B, 102, 103, 104A, 104B, 105, 106, 107A, 107B, 108, 109, 110, 111, 112, 113, 114, 115, 116A, 116B, 117A, 117B, 118, 119A, 119B, 120, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 151, 184, 185, 187, 188, 189, 190, 191 Education District: 7 SUMTER COUNTY VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 118B, 118C, 119B, 120B, 121B, 122B, 123B, 124B, 140B, 141B, 141C, 141D, 142, 143B, 144B, 145, 146D, 147B, 148C, 149B, 149C, 158B, 159B, 201B, 201C, 202B, 203B, 301D, 301E, 303B, 311B, 312C, 315B, 315C, 316B, 321B, 403, 404, 405, 406, 408, 409B, 409C, 409D, 409E, 410, 412B Tract: 9503. Block(s): 135D, 137B, 138, 139B, 140B, 142B, 205G, 205H, 205J, 205K, 205L, 206D, 207B, 207C, 208B, 208C, 209B, 209C, 211D, 212B, 213B, 214B, 214C, 215B, 215C, 216C, 217H, 217J, 218B,
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218C, 506, 510, 511, 512, 513, 514B, 515, 516, 517, 518, 519B, 520B, 520C, 521C, 535B, 536, 543, 544 Tract: 9507. Block(s): 104, 115, 116, 117, 118, 125, 126 For purposes of this subsection: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of the Sumter County School District which is not included in any education district described in this subsection shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of the Sumter County School District which is described in this subsection as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least
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population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Said Act is further amended by striking in its entirety subsection (b) of Section 2 and inserting in lieu thereof the following: (b) Each member of the board of education shall be elected by a majority vote of the qualified voters voting in the education district which such member represents. All members of the board of education shall be elected in nonpartisan elections held in compliance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' Section 3 . Said Act is further amended by striking in its entirety Section 3 and inserting in lieu thereof the following: Section 3. The members of the board of education serving on the effective date of this Act shall continue to serve for the remainder of their terms. Members representing Education Districts 2, 4, and 6 shall be elected at a nonpartisan election held at the same time as the general election in November, 1992, and quadrennially thereafter. Members from Education Districts 1, 3, 5, and 7 shall be elected at a nonpartisan election held at the same time as the general election held in November, 1994, and quadrennially thereafter. Members shall take office on the first day of January following their election for terms of four years and until their successors have been duly elected and qualified. 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 Sumter County shall call and conduct an election for the purpose of submitting this Act to the electors of the Sumter 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 Sumter County. The ballot shall have written or printed thereon the words:
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() YES () NO Shall the Act reconstituting the Sumter County Board of Education be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, 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 Sumter 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 At the request to the Board of Education for the Sumter County Public School System, notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act to create the Sumter County Public School System, approved February 11, 1988 (Ga. L. 1988, p. 3550); to provide for new election district boundaries; and for other purposes. This 30th day of January, 1992. 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: February 1, 1992.
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/s/ Jimmy Skipper Representative, 116th District Sworn to and subscribed before me, this 11th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 1, 1992. COBB COUNTYBOARD OF COMMISSIONERS; VACANCIES; MEETINGS; EMERGENCY ACTIONS. No. 694 (House Bill No. 1852). AN ACT To amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to provide that in the event of a vacancy in the position of two commissioners, a majority vote of the members present at the meeting shall be sufficient for the commission to take action if an emergency has been declared to exist or exigent circumstances exist requiring emergency action; 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 Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, is amended by adding a new Section 9A to read as follows:
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Section 9A. Notwithstanding any other provisions of law to the contrary, in the event of a vacancy in two or more of the commissioner posts, a majority vote of the members present at the meeting shall be sufficient for the commission to take official action, provided that the chairman or the acting chairman has declared that an emergency exists or that there exist exigent circumstances requiring emergency action by the remaining members. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Cobb County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Cobb County, approved June 19, 1964 (Ga. L. 1964, p. 2075), as amended; and for other purposes. This 14 day of January, 1992. Honorable Fred Aiken Representative, 21st District Honorable Bill Atkins Representative, 21st District Honorable Eugene T. Clark Representative, 20th District Honorable Tom Cauthorn Representative, 20th District Honorable Lynda Coker
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Representative, 21st District Honorable John W. Hammond Representative, 20th District Honorable Kip Klein Representative, 21st District Honorable Debra A. Mills Representative, 20th District Honorable Jack Vaughan Representative, 20th District Honorable Tom Wilder Representative, 21st District Honorable Charles C. Clay Senator, 37th District Honorable Sallie Newbill Senator, 56th District Honorable Hugh A. Ragan Senator, 32nd District Honorable Steve Thompson Senator, 33rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynda Coker, who, on oath, deposes and says that she is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 17, 1992. /s/ Lynda Coker Representative, 21st District
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Sworn to and subscribed before me, this 19th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 1, 1992. CITY OF FARGONEW CHARTER. No. 695 (House Bill No. 1916). AN ACT To provide a charter for the City of Fargo; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide an effective date; 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 Fargo in Clinch 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 Fargo. References in this charter to the city refer to the City of Fargo. The city shall have perpetual existence. Section 1.11 . Corporate boundaries. (a) The boundaries of this city shall be as described in subsection (b) of this section, 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 Fargo, 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 corporate limits of the City of Fargo shall include: all that tract of land lying and being within Land Lots 270, 271, 321, 322 and 323 of the 13th Land District of Clinch County, Georgia. Begin at a point where the southern boundary of Land Lot 323 intersects the centerline of the Suwannee River. Said point is the southeastern corner and the point and place of beginning for the City Limits of Fargo, Georgia. Thence, proceed westerly along the southern boundary of said Lot 323 to the southwest corner of said Lot. Thence, proceed in a southerly direction along the eastern boundary of Land Lot 344 for a distance of 1,320 feet. Thence, proceed westerly and parallel with the northern boundary of said Lot 344 to the point where said line intersects the western boundary of said Lot 344. Thence, proceed northerly along the western boundary of said Lot 344 a distance of 1,320 feet to the northwest corner of said Lot 344.
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Thence, proceed westerly along the southern boundary of Land Lot 321 to the point where said line intersects the centerline of Suwanoochee Creek. Thence, proceed northerly along the run of said creek to the point where the northern boundary of Land Lot 322 intersects the centerline of said Suwanoochee Creek. Thence, proceed easterly along the northern boundary of said Lot 322 to the northeast corner of said Lot. Thence, proceed northerly along the eastern boundary of Land Lot 271 to a point where an east - west Mid-Lot Line, dividing Lot 270 into equal halves, intersects said Lot Line. Thence, proceed easterly along said Mid-Lot Line a distance of 3,150 feet to a point. Thence, proceed southerly to the point where the northern boundary of Land Lot 323 intersects the centerline of the Suwannee River. Thence, proceed along the run of said river to the point and place of beginning. Said tract contains approximately 1,148 acres and is further illustrated by an aerial photograph, dated 11/1991, flown for the purpose of establishing these Corporate City Limits of Fargo, Georgia. 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
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and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (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
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all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment
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of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal
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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 mayor and city council deem 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,
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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) Regulations 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
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use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing
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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, 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 for initial terms set out in Section 2.11 of this charter, 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 such person 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 affirming a desire for his or her 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. 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.
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(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 mayor and city council shall, by ordinance, prescribe such rules and regulations they deem 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 Fargo shall consist of four election districts as follows: Council District 1 : All that certain tract or parcel of land situate, lying and being in Land Lot 270 in the 13th Land District of Clinch County, Georgia and being designated as District Number 1 in the Town of Fargo, Georgia and more particularly described as follows: Bounded on the north by other lands of Superior Pine Products Company; bounded on the East by other lands of Superior Pine Products Company and the run of Suwannee River; bounded on the south and west in part by the north margin of U.S. Highway 441, in part by the north margin of Southern Railway Right of Way and in part by other lands of Superior Pine Products Company. Council District 2 : All that certain tract or parcel of land situate, lying and being in Land Lot 322 323 in the 13th Land District of Clinch County, Georgia and being designated as District #2 and more particularly described as follows: Bounded on the north by the north lot line of Land Lot 323 in the 13th District; bounded on the east by the south margin of the Southern Railway Right of Way, bounded on the south by the north margin of State Highway 94 and bounded on the west by the run of Suwannoochee Creek. Council District 3 :
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All that certain tract or parcel of land situate, lying and being in Land Lot 322 323 in the 13th Land District of Clinch County, Georgia and being designated as Tract # 3 and being more particularly described as follows: Bounded on the north by the south margin of State Highway 94; bounded on the East, South and West by the paved road leading south from State Highway 94 to the homeplace of J.E. Griffs and continuing along said paved road in a southerly, westerly and northerly direction back to its intersection with State Highway 94. Council District 4 : All that certain tract or parcel of land situate, lying and being in Land Lots 321, 322, 323 and 344 in the 13th Land District of Fargo, Georgia and designated as Tract # 4 and more particularly described as follows: Bounded on the north by the south margin of State Highway 94; bounded on the east in part by the west margin of U.S. Highway 441 and in part by the run of Suwannee River; in part by the lands of Superior Pine Products Company and F.M. Allen Estate, bounded on the south by lands of J.E. Griffis and F.M. Allen Estate and lands of Hardy Johnson and the north lot line of lot 344; the south lot line of lots 321, 322 and 323 and bounded on the west by the run of Suwannoochee Creek. Less and Except: All that certain tract described as District Number 3. (d) The first mayor and councilmembers shall take office within 15 days after notice of no current objections to the provisions of the charter by the United States Department of Justice. The first mayor shall be Herbert Croft and the first councilmembers shall be Dell Highsmith for District 1, Bill Eickhorn for District 2, Steiner Jones for District 3, and Hardy Johnson for District 4. (e) The first mayor shall serve until his or her successor is elected and qualified. The successor to the first mayor shall be elected on the Tuesday next following the first Monday in November,
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1993, and shall take office on January 1, 1994. Thereafter, each mayor shall be elected quadrennially on the Tuesday next following the first Monday in November, shall take office on the first day of January following the election, and shall serve a term of four years and until his or her successor is elected and qualified. (f) The first councilmembers from Districts 1 and 3 shall serve until their respective successors are elected and qualified. The successors to the first councilmembers from Districts 1 and 3 shall be elected on the Tuesday next following the first Monday in November, 1993, and shall take office on January 1, 1994. Thereafter, each councilmember from District 1 or District 3 shall be elected quadrennially on the Tuesday next following the first Monday in November, shall take office on the first day of January following the election, and shall serve a term of four years and until his or her successor is elected and qualified. (g) The first councilmembers from Districts 2 and 4 shall serve until their respective successors are elected and qualified. The successors to the first councilmembers from Districts 2 and 4 shall be elected on the Tuesday next following the first Monday in November, 1995, and shall take office on January 1, 1996. Thereafter, each councilmember from District 2 or District 4 shall be elected quadrennially on the Tuesday next following the first Monday in November, shall take office on the first day of January following the election, and shall serve a term of four years and until his or her successor is elected and qualified. (h) Candidates for election to the council shall live in the district they seek to represent and shall be elected by the voters of the district. 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
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laws of the State of Georgia, the city council or those remaining members 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 members of the city council 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 of the city council remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 2.13 . Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 2.14 . Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected. Section 2.15 . Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A. Section 2.16 . Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of such official's, officer's, or employee's judgment or action in the performance of official duties;
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(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of such official's, officer's, or employee's judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body which the official or officer represents or which employs the employee without proper legal authorization or use such information to advance the financial or other private interest of the official, officer, employee, or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which the official, officer, or employee knows to be interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body which the official or officer represents or which employs the employee; 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 such official, officer, or employee 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 mayor and city council. The mayor or any councilmember who has a private interest in any matter pending before the mayor and city council shall disclose such private interest and such disclosure shall be
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entered on the records of the mayor and city council, and said mayor or councilmember shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the mayor and 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 mayor and city council. (e) Except as authorized by law, no member of the city council shall hold any other elective city office or other city employment during the term for which such councilmember was elected. 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 mayor and 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 mayor and city council to the Superior Court of Clinch 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 Clinch County following a hearing on a complaint seeking such removal brought by any resident of the City of Fargo. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES Section 3.10 . General power and authority. Except as otherwise provided by this charter, the mayor and 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 mayor and city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows:
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I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) By a majority vote, the members of 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. Any such disability or absence shall be declared by a majority vote of the city council. The members of the city council shall by majority vote elect a presiding officer from their number for any period in which the mayor pro tempore is disabled or absent. Such absence or disability shall be declared by majority vote of the members of the city council. The mayor shall not vote for mayor pro tempore, for presiding officer in case the mayor pro tempore is disabled or absent, or to declare the disability or absence of the mayor. Section 3.12 . Inquiries and investigations. The mayor and city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the mayor and city council shall be punished as provided by ordinance. Section 3.13 . Meetings. (a) The mayor and 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 the mayor and councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor or a councilmember in writing before or after such a meeting and attendance
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at the meeting shall also constitute a waiver of notice on any business transacted in the mayor's or such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the mayor and 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 mayor and city council shall adopt rules of procedure and an order of business consistent with the provisions of this charter and shall provide for keeping a journal of 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 this charter, the mayor shall vote on all questions before the mayor and council and shall be counted toward a quorum or a requisite number of votes on a particular question as a councilmember. (b) Except as otherwise provided in subsection (c) of this section, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the mayor and 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. (c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the mayor and city council. A
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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 Mayor and Council of the City of Fargo hereby ordain..... and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the mayor and city council in accordance with the rules which the mayor and city council 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 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the mayor and city council may designate. Section 3.17 . Effect of ordinances. Acts of the mayor and 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
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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 mayor and 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's signature shall authenticate all ordinances adopted by the mayor and council, and the clerk shall record all such ordinances in full in a properly indexed book kept for that purpose. (b) The mayor and city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the mayor and 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 mayor and city council may specify. This compilation shall be known and cited officially as The Code of the City of Fargo, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of
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the city and shall be made available for purchase by the public at a reasonable price as fixed by the mayor and city council. (c) The mayor and 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 mayor and 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 mayor and 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 . Election of mayor; forfeiture; compensation. The election of the mayor shall be conducted pursuant to the provisions of Section 2.11 of this charter. The eligibility of candidates for mayor shall be determined in accordance with subsection (b) of Section 2.10 of this charter. The mayor shall forfeit 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 3.22 . 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 spokesperson 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) Except as otherwise provided by this charter, vote on matters before the city council and be counted toward a quorum or toward a requisite number of votes on a particular question as any other councilmember; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish. ARTICLE IV ADMINISTRATIVE AFFAIRS Section 4.10 . Department heads. (a) Except as otherwise provided in this charter, the mayor and 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 such department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the remaining members of the city council. The mayor
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may suspend or remove directors under the mayor's 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 remaining members of the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers; the mayor shall not vote in such case. Section 4.11 . Boards. (a) The mayor and city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the mayor and city council deem necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and 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 mayor and 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 after executing and filing with the clerk of the city an oath obligating himself or herself to perform faithfully and impartially the duties of 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 councilmembers. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice chair, 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 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 mayor and 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 mayor and council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required by virtue of such position of city attorney. The mayor and city council shall provide for the compensation of the city attorney. Section 4.13 . City clerk. The mayor and 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 mayor and city council. The mayor and city council shall provide for the compensation of the city clerk. Section 4.14 . Treasurer. The mayor and city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions
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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 mayor and city council shall provide for the compensation of the treasurer. Section 4.15 . Rules and regulations. The mayor and city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel 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 Fargo. 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.
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(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless such person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the mayor and 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, to honestly and faithfully discharge the duties of office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. Section 5.12 . Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13 . Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law.
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(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and the defendant's 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 Clinch 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 mayor and 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 mayor and 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 mayor and 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 mayor and city council in their discretion. Section 6.11 . Millage. The mayor and 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 mayor and 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.
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Section 6.12 . Occupation taxes and business license fees. The mayor and 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 mayor and 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 mayor and 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 mayor and 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 mayor and 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 mayor and 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 mayor and city council shall provide for the registration of all franchises in a registration book kept by the city clerk. The mayor and 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 mayor and 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 mayor and 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 mayor and 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 mayor and 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.
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Section 6.20 . Revenue bonds. Revenue bonds may be issued by the mayor and 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 mayor and 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 mayor and 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 mayor and 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 mayor and 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 the mayor 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 mayor and city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted
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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 mayor and city council shall adopt the final operating budget for the ensuing fiscal year not later than February 1 of each year. If the mayor and city council fail 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 mayor and city council adopt 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 mayor and 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 mayor and city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular
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meeting or special or emergency meeting called for such purposes. Section 6.28 . Capital improvements. (a) On or before the date fixed by the mayor and 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 the mayor's recommendations as to the means of financing the improvements proposed for the ensuing year. The mayor and city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The mayor and 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 mayor and city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than 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 mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by the mayor's recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the mayor and 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 mayor and 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:
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(1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the mayor and city council and such approval is entered in the mayor and city council journal of proceedings pursuant to Section 3.14 of this charter. Section 6.31 . Purchasing. The mayor and city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.32 . Sale of property. (a) The mayor and 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 mayor and city council may quitclaim any rights the city 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 of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the mayor and 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 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 mayor and city council shall from time to time require by ordinance or as may be provided by law. Section 7.11 . 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 7.12 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7.13 . General repealer. All laws and parts of laws in conflict with this Act are repealed. 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, Peg Blitch, who, on oath, deposes and says that she is Representative from the 150th District, and that the attached Act creating the City of Fargo 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/ Peg Blitch Representative, 150th District
Page 5220
Sworn to and subscribed before me this 25th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to incorporate the City of Fargo; to grant a charter to said city; and for other purposes. This 15th day of January, 1992. Honorable Peg Blitch Representative, 150th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Peg 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: January 15, 1992. /s/ Peg Blitch Representative, 150th District
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Sworn to and subscribed before me, this 25th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 1, 1992. BERRIEN COUNTYBOARD OF EDUCATION; DISTRICTS; ELECTIONS; REFERENDUM. No. 696 (House Bill No. 1924). AN ACT To amend an Act to create a Board of Education for Berrien County, approved April 5, 1971 (Ga. L. 1971, p. 3044), so as to change the composition of the districts from which members are elected; to provide for the election of members; to provide definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act to create a Board of Education for Berrien County, approved April 5, 1971 (Ga. L. 1971, p. 3044), is amended by striking Section 1 of said Act in its entirety and inserting in lieu thereof the following: Section 1. (a) There is created a Board of Education of Berrien County which shall consist of seven members. For the purpose of electing members of the said board, Berrien County shall be divided into seven education districts as follows:
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Education District: 1 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9704. Block(s): 108, 109, 110, 123, 124, 125, 126, 127B, 127C, 155, 156, 157, 158, 159, 160, 161, 162, 166, 301D, 341B Tract: 9705. Block(s): 101B, 102B, 133B, 160, 161, 162, 207, 208, 209, 210, 211, 212, 213, 242, 243, 244, 248, 250, 251, 252, 253, 254, 255, 256A, 256B, 257B, 258, 272A, 272B, 286 VTD: 0007 RAY CITY (Part) Tract: 9705. Block(s): 245, 246, 247 VTD: 0008 LOWER TENTH VTD: 0009 UPPER TENTH Education District: 2 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9705. Block(s): 249, 275, 276, 279, 280, 281, 282, 283, 284, 285, 287 Tract: 9706. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 127, 128, 129, 130, 131, 132 VTD: 0006 NEW LOIS VTD: 0007 RAY CITY (Part) Tract: 9706. Block(s): 101, 119, 120, 121A, 121B, 122, 123, 124, 125, 126A, 126B, 133, 134, 135, 136, 137A, 137B, 138A, 138B, 139A, 139B, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160A, 160B, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170A, 170B, 171, 201A, 201B, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210A, 210B, 211A, 211B, 212, 213, 236, 237, 238, 239, 240, 241A, 241B, 242, 243,
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244A, 244B, 245A, 245B, 246A, 246B, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 261 Education District: 3 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 115, 117, 118, 132, 133, 134A, 134B, 134C, 135B, 135C, 136, 137, 138, 139B, 140B, 144B, 145, 165, 166, 167, 168, 169, 170, 176 Tract: 9704. Block(s): 127A, 128, 129, 130, 201A, 201B, 202, 203A, 203B, 206, 207, 208, 209, 210, 214, 215, 216, 217, 301A, 301B, 301C, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341A, 342, 343, 344, 345, 346, 347, 348 VTD: 0005 NEW RIVER (Part) Tract: 9702. Block(s): 224, 233, 234, 235, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272 Tract: 9703. Block(s): 108, 109, 110, 111, 112, 113, 114, 116, 177, 178, 179, 180, 209 Education District: 4 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 119, 121, 122, 123, 125, 126, 127, 128, 129, 130, 131 Tract: 9704. Block(s): 102, 106, 107 VTD: 0002 ALPAHA
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Education District: 5 BERRIEN COUNTY VTD: 0003 ENIGMA VTD: 0004 JORDAN VTD: 0005 NEW RIVER (Part) Tract: 9702. Block(s): 208, 209, 210, 237, 238, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256 Education District: 6 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 135A, 139A, 140A, 141, 142, 143, 144A, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 171, 172, 173, 174, 175, 201, 202A, 202B, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222A, 222B, 223, 224, 225, 226, 228, 229, 230, 231, 232, 233, 234, 245, 246, 247, 248, 249, 250, 259, 260, 261, 262, 269A, 269B, 270, 271A, 271B, 271C, 271D, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285A, 285B, 285C, 285D, 286, 287, 288, 289, 290, 291 Tract: 9704. Block(s): 204, 205, 211, 212, 213, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252 Tract: 9705. Block(s): 277, 278A, 278B, 278C, 278D Education District: 7 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 163, 164, 227, 235, 236, 237, 238, 239, 240,
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241, 242, 243, 244, 251, 252, 253, 254, 255, 256, 257, 258, 263, 264, 265, 266, 267, 268 Tract: 9705. Block(s): 101A, 102A, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133A, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 257A, 259, 260, 261A, 261B, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 273A, 273B, 274, 288, 289, 290, 291, 292, 293, 294 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Berrien County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
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(5) Any part of Berrien County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Candidates for Posts 1 through 7 shall reside in Education Districts 1 through 7, respectively, from which such candidates offer for election. Section 2 . Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof the following: Section 2. The members of the Board of Education of Berrien County in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until successors are elected as provided in Section 3 of this Act. Section 3 . Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof the following: Section 3. (a) The election superintendent shall call and conduct a special primary as soon as possible after the referendum held pursuant to Section 6 of this Act. At a special election to be held on the date of and in conjunction with the general election in November, 1992, new members shall be elected from Education Districts 1, 3, 6, and 7 to succeed members George W. Rowan, Jr., J. R. McMillan, Lillian P. Houston, and Donald H. Powell whose terms expire December 31, 1992, and such new members shall take office on the first day of January in 1993 for terms of four years and until successors are elected and qualified. The position held by Mr. J. R. McMillan shall be abolished upon the expiration of his term December 31, 1992. At the general election in November, 1994, new members shall be elected from Education
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Districts 2, 4, and 5 to succeed members Robert E. Griffin, Steve M. Dixon, and Ricky W. Tucker whose terms expire December 31, 1994, and such new members shall take office on the first of January, 1995, for terms of four years and until successors are elected and qualified. (b) Thereafter, successors to all members shall be elected to terms of office of four years each and until their successors are elected and qualified. Any vacancies in office shall be the subject of a special election called for that purpose by the election superintendent of Berrien County, who shall issue his call within two weeks of the date the vacancy is created. The election for filling any vacancy shall be held in accordance with the laws, rules, and regulations which govern special elections. The members elected at any general election shall take office on the first day of January following their election. Section 4 . Said Act is further amended by adding a new Section 2.1 to read as follows: Section 2.1. One member of the Board of Education of Berrien County shall be elected from each education district established in Section 1 of this Act by the voters of that education district. Section 5 . Said Act is further amended by adding a new Section 2.1 to read as follows: Section 2.1. The members of the Berrien County Board of Education shall be elected by the voters of the entire county from the education districts established in Section 1. Section 6 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Berrien County shall call and conduct an election as provided in this section for the purpose of submitting Section 4 of this Act to the electors of the Berrien County School District for approval or rejection. The election superintendent shall conduct that election on the date of the general primary and shall issue the call therefor not less than 30 nor more than 60 days prior to
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that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Berrien County. The ballot shall have written or printed thereon the words: () YES () NO Shall the provision of the Act be approved which provides for the election of the Board of Education of Berrien County from single-member districts? All persons desiring to vote for approval of said provision shall vote Yes, and those persons desiring to vote for rejection of said provision shall vote No. If more than one-half of the votes cast on such question are for approval of Section 4 of this Act, it shall become of full force and effect immediately. If Section 4 of this Act is not so approved or if the election is not conducted as provided in this section, Section 4 of this Act shall not become effective and shall be automatically repealed, but the remaining provisions of this Act shall be and remain effective. The expense of such election shall be borne by the Berrien County School District. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 7 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Berrien County to submit this Act to the United States Attorney General for approval. Section 8 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, provided that, if Section 4 of this Act is approved at the referendum held in November, 1992, then Section 5 of this Act shall be automatically repealed. Section 9 . All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Education of Berrien County, approved April 5, 1971 (Ga. L. 1971, p. 3044), so as to change the composition of the districts from which members are elected; and for other purposes. This 17th day of February, 1992. Berrien County Board of Education Daniel L. Studstill Moore Studstill, P. C. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes and says that he is Representative from the 146th District, and taht the attached copy of Notice of Intention to Introduce Local Legislation was published in the Berrien Press, which is the official organ of Berrien County, on the following date: February 19, 1992. /s/ Hanson Carter Representative, 146th District Sworn to and subscribed before me, this 26th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 1, 1992.
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DOUGHERTY COUNTYBOARD OF COMMISSIONERS; DISTRICTS: MEETINGS. No. 697 (House Bill No. 2110). AN ACT To amend an Act creating a board of commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, particularly by an Act approved February 24, 1978 (Ga. L. 1978, p. 3058), an Act approved February 19, 1982 (Ga. L. 1982, p. 3519), and an Act approved March 16, 1983 (Ga. L. 1983, p. 4194), so as to change the commission districts; to provide for definitions and for the inclusion of certain areas in certain districts; to provide for certain conflicts in descriptions; to clarify that elections and terms under the changed districts shall remain the same as under these districts as formerly described; to provide for procedures for holding regular meetings; to provide for certain submissions; 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 board of commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, particularly by an Act approved February 24, 1978 (Ga. L. 1978, p. 3058), an Act approved February 19, 1982 (Ga. L. 1982, p. 3519), and an Act approved March 16, 1983 (Ga. L. 1983, p. 4194), is amended by striking subsection (c) of Section 1 thereof and inserting in its place a new subsection (c) to read as follows: (c) (1) For purposes of electing the members of the board of commissioners, other than the chairman, Dougherty County shall be divided into six commission districts as follows: COUNTY COMMISSION DISTRICT 1
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Shall consist of the following described area of Dougherty County: Commencing at the intersection of the center line of Dawson Road and the north Dougherty County line; thence running in a westerly direction along the north Dougherty County line to the center line of the Chickasawhatchee Creek; thence running in a southerly direction along the center line of Chickasawhatchee Creek to the center line of the Central of Georgia Railroad; thence running in an easterly direction along the center line of the Central of Georgia Railroad to the center line of Valencia Drive; thence running in a southerly direction along the center line of Valencia Drive to the center line of Lincoln Avenue; thence running in an easterly direction along the center line of Lincoln Avenue to the centerline of Slappey Boulevard; thence running in a northerly direction along the center line of Slappey Boulevard to the center line of Gillionville Road; thence running in a westerly direction along the center line of Gillionville Road to the centerline of Meadowlark Drive; thence running in a northerly direction along the center line of Meadowlark Drive to the centerline of Kenilworth Drive; thence running in an easterly direction along the center line of Kenilworth Drive to the center line of Lullwater Road; thence running in an easterly direction along the centerline of Lullwater Road to the centerline of Dawson Road; thence running in a westerly direction along the center line of Dawson Road to the north Dougherty County line. County Commission District: 1 DOUGHERTY COUNTY VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0008 ALBANY JUNIOR COLLEGE VTD: 0017 AVALON METHODIST CHURCH COUNTY COMMISSION DISTRICT 2 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the centerline of Residence Avenue and Monroe Street; thence running
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in a southerly direction along the center line of Monroe Street to the center line of Holloway Avenue; thence running in an easterly direction along the centerline of Holloway Avenue to the center line of Martin Luther King, Jr. Drive; thence running in a southerly direction along the center line of Martin Luther King, Jr. Drive to the center line of Alice Avenue; thence running in a westerly direction along the center line of Alice Avenue to the center line of Jefferies Avenue; thence running in a westerly direction along the center line of Jefferies Avenue to the center line of Newton Road; thence running in a south westerly direction along the centerline of Newton Road to the center line of Lily Pond Road; thence running in an easterly direction along the centerline of Lily Pond Road and Martin Luther King Jr, Drive to the intersection of Sweetbrier Road; thence running in an easterly direction along the centerline of Sweetbrier Road to the center line of Hedgeapple Lane; thence running in an easterly direction along the center line of Hedgeapple Lane extended to the centerline of the Flint River; thence running in an northerly direction along the centerline of the Flint River to the north right-of-way of the Marine Corps Drainage Canal; thence running in a north easterly direction along the north right-of-way of the Marine Corps Drainage Canal to the west right-of-way of Radium Spring Road; thence running in a southerly direction along the west right-of-way of Radium Spring Road to a point 389 feet north of the south line of land Lot 243; thence running in an easterly direction to a point 1,293.5 feet east of the east right-of-way of Radium Springs Road to a point; thence running in a southerly direction to a point on the south line of Land Lot 243; thence running easterly along the south line of Land Lots 243 and 226 to the center line of the Atlantic and Gulf Railroad; thence running northerly along the east right-of-way of the Atlantic and Gulf Railroad to the centerline of U.S. 82; thence running in a westerly direction along the center line of U.S. 82 to the center line of the Flint River; thence running in a northerly direction along the center line of the Flint River to the center line of the Central of Georgia Railroad; thence running in a northerly direction along the center line of the Central of
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Georgia Railroad to the center line of a west bound track; thence running in a south westerly direction along the center line of the west bound track to the center line of Washington Street; thence running in a northerly direction along the center line of Washington Street to the center line of Residence Avenue; thence running in a westerly direction along the center line of Residence Avenue to the Center line of Monroe Street. County Commission District: 2 DOUGHERTY COUNTY VTD: 0011 MARTIN LUTHER KING JR. HIGH SCHOOL (Part) Tract: 0014.02 Block(s): 207, 208, 209, 210, 212, 213, 215, 216, 217, 222, 223, 224, 225, 227, 229, 231, 232, 233 Tract: 0106.01 Block(s): 118, 126, 201, 212, 213, 214, 215, 216, 217, 218, 219, 220 Tract: 0106.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 201A, 201B, 201C, 201D, 201E, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301A, 301B, 302, 303, 304 VTD: 0013 FLINTSIDE ELEMENTARY SCHOOL VTD: 0015 CARVER JUNIOR HIGH GYM (Part) Tract: 0013. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133 Tract: 0014.01 Block(s): 102, 103, 104, 105, 106, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213 Tract: 0014.02 Block(s): 235 VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE
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COUNTY COMMISSION DISTRICT 3 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the center line of Residence Avenue and the centerline of North Van Buren Street; thence running in a northerly direction along the center line of North Van Buren Street to the center line of Third Avenue; thence running in an easterly direction along the center line of Third Avenue to the center line of Jefferson Street; thence running in a northerly direction along the center line of Jefferson Street to the center line of the Liberty Expressway; thence running in an south easterly direction along the center line of the Liberty Expressway to the center line of the Flint River; thence running in an easterly direction along the center line of the Flint River to the Albany city limits line, which is on the east side of the Flint River; thence running in a north easterly direction along the east bank of the Flint River and easterly along the south side of the Georgia Power Reservoir and the Flint River to the east line of Land Lot 197, First Land District; thence running in a north easterly direction along the Albany city limits line to the center line of the Flint River in Land Lot 290, First Land District; thence running in an easterly direction down the center line of the Flint River passing through Land Lots 290, 288, 287, 286, 285, 121, and 119, First Land District, intersecting at the Albany city limits line located in Land Lot 121, First Land District; thence running in south westerly direction along the Albany city limits line to the center line of McCollum Drive; thence running in a southerly direction along the center line of McCollum Drive to the center line of Cordele Road (S.R. 300); thence running in a south westerly direction along the center line of Cordele Road (S.R. 300) to the center line of U.S. 82; thence running in a westerly direction along the center line of U.S. 82 to the center line of the Flint River; thence running in a northerly direction along the center line of the Flint River to the center line of the Central of Georgia Railroad; thence running in a northerly direction along the center line of the Central of Georgia Railroad to the center line intersection of a south westbound track; thence running in a
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south westerly direction along the centerline of the west bound track to the center line of Washington Street; thence running in a northerly direction along the center line of Washington Street to the center line of Residence Avenue; thence running in a westerly direction along the center line of Residence Avenue to the center line of North Van Buren Street. County Commission District: 3 DOUGHERTY COUNTY VTD: 0018 ALBANY JUNIOR HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEMENTARY SCHOOL VTD: 0025 DOUGHERTY JUNIOR HIGH SCHOOL (Part) Tract: 0001. Block(s): 201, 202, 203, 204, 205, 206, 301, 302, 304, 305, 306, 307, 308, 309, 310, 311, 314, 315, 316, 413, 414, 415, 416, 417, 418, 419, 420, 421, 423, 424 VTD: 0027 SYLVANDALE ELEMENTARY SCHOOL COUNTY COMMISSION DISTRICT 4 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the north Dougherty County line and the center line of Dawson Road; thence running in a south easterly direction along the center line of Dawson Road to the center line of Lullwater Road; thence running in a southerly direction along the center line of Lullwater Road to the center line of Kenilworth Drive; thence running in a westerly direction along the center line of Kenilworth Drive to the center line of Meadowlark Drive; thence running in a southerly direction along the center line of Meadowlark Drive to the center line of Gillionville Road; thence running in an easterly direction along the center line of Gillionville Road to the center line of Slappey Drive; thence running in a southerly direction along the center line of Slappey Boulevard to the center line of U.S. 82; thence
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running in an easterly direction along the center line of U.S. 82 to the center line of Monroe Street; thence running a northerly direction along the center line of Monroe Street to the center line of Residence Avenue; thence running in a westerly direction along the center line of Residence Avenue to the center line of North Van Buren Street; thence running in a northerly direction along the center line of North Van Buren Street to the center line of Third Avenue; thence running in an easterly direction along the center line of Third Avenue to the center line of Jefferson Street; thence running in a northerly direction along the center line of Jefferson Street to the center line of the Liberty Expressway; thence running in an south easterly direction along the center line of the Liberty Expressway to the center line of the Flint River; thence running in an easterly direction along the center line of the Flint River to the Albany city limits line, which is on the east side of the Flint River; thence running in a north easterly direction along the east bank of the Flint River and easterly along the south side of the Georgia Power Reservoir and the Flint River to the east line of Land Lot 197, First Land District; thence running in a north easterly direction along the Albany city limits line to the center line of the Flint River in Land Lot 290, First Land District; thence running in an easterly direction down the center line of the Flint River passing through Land Lots 290, 288, 287, 286, 285, 121, 119, 282, and 81, all located in the First Land District to the north Dougherty County line, where the Fifteenth Land District and the First Land District intersect; thence running in a westerly direction along the north Dougherty County line to the center line of Dawson Road. County Commission District: 4 DOUGHERTY COUNTY VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NORTHWEST LIBRARY VTD: 0003 PORTERFIELD METHODIST CHURCH GYM
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VTD: 0006 MERRY ACRES JUNIOR HIGH SCHOOL VTD: 0007 BROAD AVENUE SCHOOL VTD: 0028 SCOTTISH RITE TEMPLE COUNTY COMMISSION DISTRICT 5 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the center line of Slappey Boulevard and the center line of U.S. 82; thence running in an easterly direction along the center line of U.S. 82 to the center line of Monroe Street; thence running in a southerly direction along the center line of Monroe Street to the center line of Holloway Avenue; thence running in an easterly direction along the center line of Holloway Avenue to the center line of Martin Luther King, Jr. Drive; thence running in a southerly direction along the centerline of Martin Luther King, Jr. Drive to the center line of Alice Avenue; thence running in a westerly direction along the center line of Alice Avenue to the center line of Jefferies Avenue; thence running in a westerly direction along the center line of Jefferies Avenue to the center line of Newton Road; thence running in a south westerly direction along the center line of Newton Road to the center line of Lily Pond Road; thence running in an easterly direction along the center line of Lily Pond Road and Martin Luther King, Jr. Drive to the intersection of Sweetbrier Road; thence running in an easterly direction along the center line of Sweetbrier Road to the center line of Hedgeapple Lane; thence running in a south easterly direction along the center line of Hedgeapple Lane extended to the center line of the Flint River; thence running in a southerly direction along the center line of the Flint River to the south Dougherty County line; thence running in a westerly direction along the south Dougherty County line to the west Dougherty County line; thence running in a northerly direction along the west Dougherty County line to the center line of the Central of Georgia Railroad; thence running in a north easterly direction along the center line of the Central of Georgia Railroad to the center line of Valencia Drive; thence running in a southerly direction along the center line of Valencia Drive to
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the center line of Lincoln Avenue; thence running in an easterly direction along the center line of Lincoln Avenue to the center line of Slappey Boulevard; thence running in a northerly direction along the center line of Slappey Drive to the center line of U.S. 82. County Commission District: 5 DOUGHERTY COUNTY VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADEMY VTD: 0011 MARTIN LUTHER KING JUNIOR HIGH SCHOOL (Part) Tract: 0106.02 Block(s): 305, 306, 307, 310, 311, 312, 313, 314, 315 VTD: 0012 MONROE HIGH SCHOOL VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JUNIOR HIGH GYM (Part) Tract: 0014.01 Block(s): 107, 108, 121 Tract: 0014.02 Block(s): 101, 102, 107, 108, 109, 110, 114 VTD: 0016 HIGHLAND AVENUE SCHOOL COUNTY COMMISSION DISTRICT 6 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the center line of the Atlantic and Gulf Railroad and the center line of the U.S. 82; thence running in an easterly direction along the center line of U.S. 82 to the center line of Cordele Road (S.R. 300); thence running in a north easterly direction along the center line of Cordele Road (S.R. 300) to the center line of McCollum Drive; thence running northerly along the center line of McCollum Drive to the Albany city limits line; thence running in a north easterly direction along the Albany city limits line to the center line of the Flint River in Land Lot 121 of the First Land District; thence running in a north easterly direction along the center line of the Flint River passing through Land Lots 121, 119, 282, and 81 of the First Land District to the Dougherty County line where the Fifteenth
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Land District and the First Land District intersect; thence running in a north easterly direction along the Dougherty County line; thence south westerly along the Dougherty County line; thence easterly along the Dougherty County line; thence southerly along the Dougherty County line; thence easterly along the Dougherty County line; thence southerly along the Dougherty County line; thence westerly along the Dougherty County line; thence southerly along the Dougherty County line; thence easterly along the Dougherty County line; thence southerly along the Dougherty County line; thence westerly along the Dougherty County line; thence southerly along the Dougherty County line, thence westerly along the Dougherty County line to the center line of the Flint River; thence running in a northerly direction along the center line of the Flint River to the north right-of-way of the Marine Corps Drainage Canal; thence running in an easterly direction along the north right-of-way of the Marine Corps Drainage Canal to the west right-of-way of Radium Spring Road to a point 389 feet north of the south line of Land Lot 243; thence running in an easterly direction to a point 1,293.5 feet east of the east right-of-way of Radium Springs Road to a point; thence running in a southerly direction to a point on the south line of Land Lot 243; thence running easterly along the south line of Land Lots 243 and 226 to the center line of the Atlantic and Gulf Railroad; thence running northerly along the east right-of-way of the Atlantic and Gulf Railroad to the center line of U.S. 82. County Commission District: 6 DOUGHERTY COUNTY VTD: 0022 RADIUM SPRINGS JUNIOR HIGH SCHOOL VTD: 0023 PUTNEY YOUTH CENTER VTD: 0024 MOCK ROAD ELEMENTARY SCHOOL VTD: 0025 DOUGHERTY JUNIOR HIGH SCHOOL (Part) Tract: 0001. Block(s): 101A, 102, 103A, 107A, 108A, 109, 110, 111, 112, 113, 114, 115, 317, 318, 319, 501, 502,
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503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528, 529, 530, 531, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610A, 610B, 611 Tract: 0002. Block(s): 201, 211, 212, 213, 218, 220, 221, 222, 226, 227, 228 Tract: 0101. Block(s): 208A Tract: 107. Block(s): 102, 103, 134, 135A, 135B, 136, 137, 138, 139, 140, 142, 143, 144, 145, 146 VTD: 0026 BRANCH ROAD PRECINCT (2) Unless otherwise specified, all boundary lines upon streets in the geographical descriptions are located on the center lines of the streets. (3) For purposes of this subsection: (A) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (B) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (C) Whenever the description of any commission district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (D) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commission
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district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (E) Any part of Dougherty County which is not included in any commission district described in this subsection shall be included within that commission district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; (F) Any part of Dougherty County which is described in this subsection as being included in a particular commission district shall nevertheless not be included within such commission district if such part is not contiguous to such commission district. Such noncontiguous part shall instead be included within that commission district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (G) The descriptions of each commission district according to VTD descriptions are included for convenience only. In the event the description of any commission district contains a conflict between the geographical description and the VTD description of that district, the geographical description shall control. Section 2 . Said Act is further amended by striking Section 2 thereof and inserting in its place a new Section 2 to read as follows: Section 2. Notwithstanding those changes in descriptions of commission districts which become effective under Section 1 of this Act at the same time this section becomes effective, the terms and elections of the chairman and members of the board of commissioners of Dougherty County
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under said Section 1 shall not be changed but shall remain as follows: (1) Those commissioners representing County Commission Districts 1, 3, and 5 under the immediately prior provisions of this section shall continue to represent those respective districts. They shall serve out the terms to which elected, which shall expire December 31, 1992, and until the election and qualification of their respective successors. Their successors, representing County Commission Districts 1, 3, and 5, but as newly described in Section 1 of this Act, shall be elected at the 1992 general election and shall take office January 1, 1993, for terms of four years and until the election and qualification of their respective successors; (2) The chairman and those commissioners representing County Commission Districts 2, 4, and 6 under the immediately prior provisions of this section shall continue to serve as chairman and represent those districts, respectively, but effective January 1, 1993, the three district members shall represent their districts as newly described in Section 1 of this Act. They shall serve out the terms to which elected, which shall expire December 31, 1994, and until the election and qualification of their respective successors. The successor to the chairman and the successors to those members representing newly described County Commission Districts 2, 4, and 6 under Section 1 of this Act shall be elected at the 1994 general election and shall take office January 1, 1995, for terms of four years and until the election and qualification of their respective successors; (3) Successors to those persons elected pursuant to paragraphs (1) and (2) of this section shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until the election and qualification of their respective successors; and
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(4) From January 1, 1993, until December 31, 1994, the board of commissioners of Dougherty County shall consist of those three members elected under paragraph (1) of this section from newly designated County Commission Districts 1, 3, and 5 and the incumbent chairman and three incumbent members whose terms expire December 31, 1994. Section 3 . Said Act is further amended by striking subsection (c) of Section 4 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) The board of commissioners shall hold a regular meeting at 10:00 A.M. on the first and third Mondays of every month at the Dougherty County courthouse until such time as the new Albany and Dougherty County Central Square Government Center is occupied by the board of commissioners, at which time regular meetings will be held at the Central Square Government Center, and they may hold special meetings at any time and at any place within the county that their duties may require. Four members of the board shall constitute a quorum for the transaction of business but the concurrence of at least four commissioners shall be necessary to take official action. Section 4 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of commissioners of Dougherty County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 5 . Except for the provisions of this Act relating to and necessary for the election of members of the board of commissioners of Dougherty County at the 1992 general election, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of commissioners of Dougherty County at the 1992 general election shall become effective
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upon approval of this Act by the Governor or upon its otherwise becoming law without his 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended; and for other purposes. This 28th day of January, 1992. Tommy Chambless Representative, 133rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Chambless, who, on oath, deposes and says that he is Representative from the 133rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald, which is the official organ of Dougherty County, on the following date: January 28, 1992. /s/ Tommy Chambless Representative, 133rd District
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Sworn to and subscribed before me, this 12th day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 1, 1992. DOUGHERTY COUNTYBOARD OF EDUCATION; DISTRICTS. No. 698 (House Bill No. 2111). AN ACT To amend an Act creating the Dougherty County School System, approved February 5, 1951 (Ga. L. 1951, p. 2233), as amended, particularly by an Act approved March 11, 1987 (Ga. L. 1987, p. 3843), so as to change the education districts; to provide for definitions and for the inclusion of certain areas in certain districts; to provide for certain conflicts in descriptions; to clarify that elections and terms under the changed districts shall remain the same as under these districts as formerly described; to provide for certain submissions; 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 the Dougherty County School System, approved February 5, 1951 (Ga. L. 1951, p. 2233), as amended, particularly by an Act approved March 11, 1987 (Ga. L. 1987, p. 3843), is amended by striking subsections (d) and (e) from Section 5A thereof and inserting in their places new subsections to read as follows:
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(d) (1) For the purpose of electing the members of the board of education, other than the at-large member, the Dougherty County school district is divided into six education districts as follows: EDUCATION DISTRICT 1 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the center line of Dawson Road and the north Dougherty County line; thence running in a westerly direction along the north Dougherty County line to the center line of the Chickasawhatchee Creek; thence running in a southerly direction along the center line of Chickasawhatchee Creek to the center line of the Central of Georgia Railroad; thence running in an easterly direction along the center line of the Central of Georgia Railroad to the center line of Valencia Drive; thence running in a southerly direction along the center line of Valencia Drive to the center line of Lincoln Avenue; thence running in an easterly direction along the center line of Lincoln Avenue to the centerline of Slappey Boulevard; thence running in a northerly direction along the center line of Slappey Boulevard to the center line of Gillionville Road; thence running in a westerly direction along the center line of Gillionville Road to the centerline of Meadowlark Drive; thence running in a northerly direction along the center line of Meadowlark Drive to the centerline of Kenilworth Drive; thence running in an easterly direction along the center line of Kenilworth Drive to the center line of Lullwater Road; thence running in an easterly direction along the centerline of Lullwater Road to the centerline of Dawson Road; thence running in a westerly direction along the center line of Dawson Road to the north Dougherty County line. Education District: 1 DOUGHERTY COUNTY VTD: 0004 LOWER DEERFIELD-WINDSOR
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VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0008 ALBANY JUNIOR COLLEGE VTD: 0017 AVALON METHODIST CHURCH EDUCATION DISTRICT 2 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the centerline of Residence Avenue and Monroe Street; thence running in a southerly direction along the center line of Monroe Street to the center line of Holloway Avenue; thence running in an easterly direction along the centerline of Holloway Avenue to the center line of Martin Luther King, Jr. Drive; thence running in a southerly direction along the center line of Martin Luther King, Jr. Drive to the center line of Alice Avenue; thence running in a westerly direction along the center line of Alice Avenue to the center line of Jefferies Avenue; thence running in a westerly direction along the center line of Jefferies Avenue to the center line of Newton Road; thence running in a south westerly direction along the centerline of Newton Road to the center line of Lily Pond Road; thence running in an easterly direction along the centerline of Lily Pond Road and Martin Luther King,Jr. Drive to the intersection of Sweetbrier Road; thence running in an easterly direction along the centerline of Sweetbrier Road to the center line of Hedgeapple Lane; thence running in an easterly direction along the center line of Hedgeapple Lane extended to the centerline of the Flint River; thence running in an northerly direction along the centerline of the Flint River to the north right-of-way of the Marine Corps Drainage Canal; thence running in a north easterly direction along the north right-of-way of the Marine Corps Drainage Canal to the west right-of-way of Radium Spring Road; thence running in a southerly direction along the west right-of-way of Radium Spring Road to a point 389 feet north of the south line of land Lot 243; thence running in an easterly direction to a point 1,293.5 feet east of the east right-of-way of Radium Springs Road to a point; thence running in a southerly direction to a point on the south line of Land Lot 243; thence running easterly along the south line of Land Lots
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243 and 226 to the center line of the Atlantic and Gulf Railroad; thence running northerly along the east right-of-way of the Atlantic and Gulf Railroad to the centerline of U.S. 82; thence running in a westerly direction along the center line of U.S. 82 to the center line of the Flint River; thence running in a northerly direction along the center line of the Flint River to the center line of the Central of Georgia Railroad; thence running in a northerly direction along the center line of the Central of Georgia Railroad to the center line of a west bound track; thence running in a south westerly direction along the center line of the west bound track to the center line of Washington Street; thence running in a northerly direction along the center line of Washington Street to the center line of Residence Avenue; thence running in a westerly direction along the center line of Residence Avenue to the Center line of Monroe Street. Education District: 2 DOUGHERTY COUNTY VTD: 0011 MARTIN LUTHER KING JR. HIGH SCHOOL (Part) Tract: 0014.02 Block(s): 207, 208, 209, 210, 212, 213, 215, 216, 217, 222, 223, 224, 225, 227, 229, 231, 232, 233 Tract: 0106.01 Block(s): 118, 126, 201, 212, 213, 214, 215, 216, 217, 218, 219, 220 Tract: 0106.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 201A, 201B, 201C, 201D, 201E, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301A, 301B, 302, 303, 304 VTD: 0013 FLINTSIDE ELEMENTARY SCHOOL VTD: 0015 CARVER JUNIOR HIGH GYM (Part) Tract: 0013. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133 Tract: 0014.01
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Block(s): 102, 103, 104, 105, 106, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213 Tract: 0014.02 Block(s): 235 VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE EDUCATION DISTRICT 3 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the center line of Residence Avenue and the centerline of North Van Buren Street; thence running in a northerly direction along the center line of North Van Buren Street to the center line of Third Avenue; thence running in an easterly direction along the center line of Third Avenue to the center line of Jefferson Street; thence running in a northerly direction along the center line of Jefferson Street to the center line of the Liberty Expressway; thence running in an south easterly direction along the center line of the Liberty Expressway to the center line of the Flint River; thence running in an easterly direction along the center line of the Flint River to the Albany city limits line, which is on the east side of the Flint River; thence running in a north easterly direction along the east bank of the Flint River and easterly along the east bank of the Flint River and easterly along the south side of the Georgia Power Reservoir and the Flint River to the east line of Land Lot 197, First Land District; thence running in a north easterly direction along the Albany city limits line to the center line of the Flint River in Land Lot 290, First Land District; thence running in an easterly direction down the center line of the Flint River passing through Land Lots 290, 288, 287, 286, 285, 121, and 119, First Land District, intersecting at the Albany city limits line located in Land Lot 121, First Land District; thence running in south westerly direction along the Albany city limits line to the center line of McCollum Drive; thence running in a southerly direction along the center line of McCollum Drive to the center line of Cordele Road (S.R. 300); thence running in a south westerly
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direction along the center line of Cordele Road (S.R. 300) to the center line of U.S. 82; thence running in a westerly direction along the center line of U.S. 82 to the center line of the Flint River; thence running in a northerly direction along the center line of the Flint River to the center line of the Central of Georgia Railroad; thence running in a northerly direction along the center line of the Central of Georgia Railroad to the center line intersection of a south westbound track; thence running in a south westerly direction along the centerline of the west bound track to the center line of Washington Street; thence running in a northerly direction along the center line of Washington Street to the center line of Residence Avenue; thence running in a westerly direction along the center line of Residence Avenue to the center line of North Van Buren Street. Education District: 3 DOUGHERTY COUNTY VTD: 0018 ALBANY JUNIOR HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEMENTARY SCHOOL VTD: 0025 DOUGHERTY JUNIOR HIGH SCHOOL (Part) Tract: 0001. Block(s): 201, 202, 203, 204, 205, 206, 301, 302, 304, 305, 306, 307, 308, 309, 310, 311, 314, 315, 316, 413, 414, 415, 416, 417, 418, 419, 420, 421, 423, 424 VTD: 0027 SYLVANDALE ELEMENTARY SCHOOL EDUCATION DISTRICT 4 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the north Dougherty County line and the center line of Dawson Road; thence running in a south easterly direction along the center line of Dawson Road to the center line of Lullwater Road; thence running in a southerly direction along the center line of Lullwater Road to the center line
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of Kenilworth Drive; thence running in a westerly direction along the center line of Kenilworth Drive to the center line of Meadowlark Drive; thence running in a southerly direction along the center line of Meadowlark Drive to the center line of Gillionville Road; thence running in an easterly direction along the center line of Gillionville Road to the center line of Slappey Drive; thence running in a southerly direction along the center line of Slappey Boulevard to the center line of U.S. 82; thence running in an easterly direction along the center line of U.S. 82 to the center line of Monroe Street; thence running a northerly direction along the center line of Monroe Street to the center line of Residence Avenue; thence running in a westerly direction along the center line of Residence Avenue to the center line of North Van Buren Street; thence running in a northerly direction along the center line of North Van Buren Street to the center line of Third Avenue; thence running in an easterly direction along the center line of Third Avenue to the center line of Jefferson Street; thence running in a northerly direction along the center line of Jefferson Street to the center line of the Liberty Expressway; thence running in an south easterly direction along the center line of the Liberty Expressway to the center line of the Flint River; thence running in an easterly direction along the center line of the Flint River to the Albany city limits line, which is on the east side of the Flint River; thence running in a north easterly direction along the east bank of the Flint River and easterly along the south side of the Georgia Power Reservoir and the Flint River to the east line of Land Lot 197, First Land District; thence running in a north easterly direction along the Albany city limits line to the center line of the Flint River in Land Lot 290, First Land District; thence running in an easterly direction down the center line of the Flint River passing through Land Lots 290, 288, 287, 286, 285, 121, 119, 282, and 81, all located in the First Land District to the north Dougherty County line, where the Fifteenth Land District and the First Land District intersect; thence running in a westerly direction along the north Dougherty County line to the center line of Dawson Road.
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Education District: 4 DOUGHERTY COUNTY VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NORTHWEST LIBRARY VTD: 0003 PORTERFIELD METHODIST CHURCH GYM VTD: 0006 MERRY ACRES JUNIOR HIGH SCHOOL VTD: 0007 BROAD AVENUE SCHOOL VTD: 0028 SCOTTISH RITE TEMPLE EDUCATION DISTRICT 5 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the center line of Slappey Boulevard and the center line of U.S. 82; thence running in an easterly direction along the center line of U.S. 82 to the center line of Monroe Street; thence running in a southerly direction along the center line of Monroe Street to the center line of Holloway Avenue; thence running in an easterly direction along the center line of Holloway Avenue to the center line of Martin Luther King, Jr. Drive; thence running in a southerly direction along the centerline of Martin Luther King, Jr. Drive to the center line of Alice Avenue; thence running in a westerly direction along the center line of Alice Avenue to the center line of Jefferies Avenue; thence running in a westerly direction along the center line of Jefferies Avenue to the center line of Newton Road; thence running in a south westerly direction along the center line of Newton Road to the center line of Lily Pond Road; thence running in an easterly direction along the center line of Lily Pond Road and Martin Luther King, Jr. Drive to the intersection of Sweetbrier Road; thence running in an easterly direction along the center line of Sweetbrier Road to the center line of Hedgeapple Lane; thence running in a south easterly direction along the center line of Hedgeapple Lane extended to the center line of the Flint River; thence running in a southerly direction along the center line of the Flint River to the south Dougherty County line; thence running in a westerly direction along the south Dougherty County line to
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the west Dougherty County line; thence running in a northerly direction along the west Dougherty County line to the center line of the Central of Georgia Railroad; thence running in a north easterly direction along the center line of the Central of Georgia Railroad to the center line of Valencia Drive; thence running in a southerly direction along the center line of Valencia Drive to the center line of Lincoln Avenue; thence running in an easterly direction along the center line of Lincoln Avenue to the center line of Slappey Boulevard; thence running in a northerly direction along the center line of Slappey Drive to the center line of U.S. 82. Education District: 5 DOUGHERTY COUNTY VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADEMY VTD: 0011 MARTIN LUTHER KING JUNIOR HIGH SCHOOL (Part) Tract: 0106.02 Block(s): 305, 306, 307, 310, 311, 312, 313, 314, 315 VTD: 0012 MONROE HIGH SCHOOL VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JUNIOR HIGH GYM (Part) Tract: 0014.01 Block(s): 107, 108, 121 Tract: 0014.02 Block(s): 101, 102, 107, 108, 109, 110, 114 VTD: 0016 HIGHLAND AVENUE SCHOOL EDUCATION DISTRICT 6 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the center line of the Atlantic and Gulf Railroad and the center line of the U.S. 82; thence running in an easterly direction along the center line of U.S. 82 to the center line of Cordele Road (S.R. 300); thence running in a north easterly direction along the center line of Cordele Road (S.R. 300) to the center line of McCollum Drive; thence running northerly along the center line of McCollum Drive to the
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Albany city limits line; thence running in a north easterly direction along the Albany city limits line to the center line of the Flint River in Land Lot 121 of the First Land District; thence running in a north easterly direction along the center line of the Flint River passing through Land Lots 121, 119, 282, and 81 of the First Land District to the Dougherty County line where the Fifteenth Land District and the First Land District intersect; thence running in a north easterly direction along the Dougherty County line; thence south westerly along the Dougherty County line; thence easterly along the Dougherty County line; thence southerly along the Dougherty County line; thence easterly along the Dougherty County line; thence southerly along the Dougherty County line; thence westerly along the Dougherty County line; thence southerly along the Dougherty County line; thence easterly along the Dougherty County line; thence southerly along the Dougherty County line; thence westerly along the Dougherty County line; thence southerly along the Dougherty County line, thence westerly along the Dougherty County line to the center line of the Flint River; thence running in a northerly direction along the center line of the Flint River to the north right-of-way of the Marine Corps Drainage Canal; thence running in an easterly direction along the north right-of-way of the Marine Corps Drainage Canal to the west right-of-way of Radium Spring Road to a point 389 feet north of the south line of Land Lot 243; thence running in an easterly direction to a point 1,293.5 feet east of the east right-of-way of Radium Springs Road to a point; thence running in a southerly direction to a point on the south line of Land Lot 243; thence running easterly along the south line of Land Lots 243 and 226 to the center line of the Atlantic and Gulf Railroad; thence running northerly along the east right-of-way of the Atlantic and Gulf Railroad to the center line of U.S. 82. Education District: 6 DOUGHERTY COUNTY VTD: 0022 RADIUM SPRINGS JUNIOR HIGH SCHOOL
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VTD: 0023 PUTNEY YOUTH CENTER VTD: 0024 MOCK ROAD ELEMENTARY SCHOOL VTD: 0025 DOUGHERTY JUNIOR HIGH SCHOOL (Part) Tract: 0001. Block(s): 101A, 102, 103A, 107A, 108A, 109, 110, 111, 112, 113, 114, 115, 317, 318, 319, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528, 529, 530, 531, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610A, 610B, 611 Tract: 0002. Block(s): 201, 211, 212, 213, 218, 220, 221, 222, 226, 227, 228 Tract: 0101. Block(s): 208A Tract: 107 Block(s): 102, 103, 134, 135A, 135B, 136, 137, 138, 139, 140, 142, 143, 144, 145, 146 VTD: 0026 BRANCH ROAD PRECINCT (2) Unless otherwise specified, all boundary lines upon streets in the geographical descriptions are located on the center lines of the streets. (3) For purposes of this subsection: (A) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (B) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (C) Whenever the description of any education district refers to a named city, it shall mean the
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geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (D) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (E) Any part of the Dougherty County school district which is not included in any education district described in this subsection shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; (F) Any part of the Dougherty County school district which is described in this subsection as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (G) The descriptions of each education district according to VTD descriptions are included for convenience only. In the event the description of any education district contains a conflict between the geographical description and the VTD description of that district, the geographical description shall control.
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(e) Notwithstanding those changes in descriptions of education districts which become effective under subsection (d) of this section at the same time this subsection becomes effective, the terms and elections of the members of the board of education of Dougherty County under said subsection (d) shall not be changed but shall remain as follows: (1) The at-large member and those members representing Education Districts 1, 3, and 5 under the immediately prior provisions of subsection (d) of this section shall continue to serve as the at-large member and represent those districts, respectively. They shall serve out the terms to which elected, which shall expire December 31, 1992, and until the election and qualification of their respective successors. The successors to the at-large member and the successors to those members representating Education Districts 1, 3, and 5, but as newly described in subsection (d) of this section, shall be elected at the 1992 general election and shall take office January 1, 1993, for terms of four years and until the election and qualification of their respective successors; (2) Those members representing Education Districts 2, 4, and 6 under the immediately prior provisions of subsection (d) of this section shall continue to represent those respective districts, but effective January 1, 1993, those members shall represent their districts as newly described in subsection (d) of this section. They shall serve out the terms to which elected, which shall expire December 31, 1994, and until the election and qualification of their respective successors. The successors to those members representing newly described Education Districts 2, 4, and 6 under subsection (d) of this section shall be elected at the 1994 general election and shall take office January 1, 1995, for terms of four years and until the election and qualification of their respective successors; (3) Successors to those persons elected pursuant to paragraphs (1) and (2) of this section shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election
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for terms of four years and until the election and qualification of their respective successors; and (4) From January 1, 1993, until December 31, 1994, the board of education of Dougherty County shall consist of the at-large member and those three members elected under paragraph (1) of this section from newly designated Education Districts 1, 3, and 5 and the three incumbent members whose terms expire December 31, 1994. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Dougherty County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3 . Except for the provisions of this Act relating to and necessary for the election of members of the board of education of Dougherty County at the 1992 general election, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of education of Dougherty County at the 1992 general election shall become effective upon approval of this Act by the Governor or upon its otherwise becoming law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend the Act creating the Dougherty County School System, approved February 5, 1951 (Ga. L. 1951, p. 2233), as amended; and for other purposes.
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This 26th day of January, 1992. Tommy Chambless Representative, 133rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Chambless, who, on oath, deposes and says that he is Representative from the 133rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald, which is the official organ of Dougherty County, on the following date: January 28, 1992. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 12th day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 1, 1992. TWIGGS COUNTYBOARD OF COMMISSIONERS; ELECTIONS; TERMS. No. 699 (House Bill No. 2139). AN ACT To amend an Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, particularly by an Act approved February 26, 1992 (HB 1244, Act 626), so as to provide for the election of members
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of the board; to provide for terms; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; 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 Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, particularly by an Act approved February 26, 1992 (HB 1244, Act 626), is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. Those members serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected. At the general election in November, 1992, the four members of the board shall be elected from the commissioner districts provided for in Section 2 of this Act for terms of four years beginning January 1, 1993, and until their successors are elected and qualified. The chairman shall be elected as provided in Section 2 of this Act at the general election in November, 1992, for a term of four years and until a successor is elected and qualified. Thereafter, successors to the chairman and the four members of the board elected from commissioner districts 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. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Twiggs County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
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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 1992 session of the General Assembly of Georgia a bill to provide for a Board of Commissioners of Twiggs County, approved July 27, 1923, (Ga. L. 1923, p. 324) as amended; and for other purposes. This 16th day of December, 1991. Kenneth Birdsong GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era, which is the official organ of Twiggs County, on the following date: December 19, 1991. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 18th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 1, 1992.
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JONES COUNTYBOARD OF COMMISSIONERS; ELECTIONS; TERMS. No. 700 (House Bill No. 2150). AN ACT To amend an Act creating a Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, particularly by an Act approved February 26, 1992 (HB 1172, Act 623), so as to provide for the election of members of the board; to provide for terms; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; 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 Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, particularly by an Act approved February 26, 1992 (HB 1172, Act 623), is amended by striking in its entirety subsection (e) of Section 4 and inserting in lieu thereof a new subsection (e) to read as follows: (e) The chairman and each other member of the board shall serve for a term of four years beginning the first day of January next following his or her election. Those members serving in office on the effective date of this Act shall serve until the expiration of the term for which they were elected. The first members elected under this section shall be elected at the November, 1992, general election. Successors shall be elected thereafter at the general election immediately preceding the expiration of a term of office. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Jones County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not
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permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating a new Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended; and for other purposes. This 20th day of December, 1991. Kenneth Birdsong GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jones County News, which is the official organ of Jones County, on the following date: December 26, 1991. /s/ Kenneth W. Birdsong Representative, 104th District
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Sworn to and subscribed before me, this 19th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 1, 1992. BIBB COUNTYBOARD OF PUBLIC EDUCATION; TREASURER; VACANCIES; DISTRICTS; TAXES; BUDGET; COMPENSATION. No. 702 (House Bill No. 2010). AN ACT To amend an Act establishing the Board of Public Education and Orphanage for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, so as to provide for the board and its purposes; to provide for a treasurer; to provide for the filling of vacancies; to reapportion the education districts; to provide for definitions and inclusions; to provide for the receipt of taxes; to provide for the submittal of a budget; to repeal certain sections of the Act; to provide for the expenditure of funds and for the compensation of the members; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing the Board of Public Education and Orphanage for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof the following:
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Section 1. From and after the passage of this Act, there shall be established in and for the County of Bibb a permanent board of education, to be styled the Board of Public Education for Bibb County, which shall be charged with the direction and control of the education of the children in the Bibb County school district between the ages of three and 21 years and which shall be entirely distinct from and independent of the Georgia State Board of Education. The board of education shall furnish to the state school superintendent all statistics and information relative to the schools and children of the county which may be required of it by the superintendent. Section 2 . Said Act is further amended by striking Section 2 in its entirety and inserting a new Section 2 to read as follows: Section 2. The Board of Public Education for Bibb County shall be and is created a body politic and corporate for the purposes provided in this Act and as such shall have full power and authority to establish and, from time to time, to modify a system of education for children between the ages of three and 21 years in the County of Bibb and to carry out and superintend the same; to select, appoint, suspend, and remove a superintendent, administrators, teachers, and all other employees under the system; to provide schoolhouses; to make bylaws for their own government and rules and regulations for the government of the superintendent, administrators, teachers, employees, and schools under their control; to establish schools in their discretion, and to prescribe the studies to be pursued in the same; provided, however, that it shall not introduce into any school established by the board any books of a sectarian character or exclude the Bible from any of the schools; and provided, further, that the schools shall be so established as to extend impartially the same benefits to all children and to the different sections of the County of Bibb with due regard being given to differences in population; to fill vacancies in the board in whatever manner caused; to purchase, take, acquire, receive, hold, and enjoy, for the purposes of this Act, moneys and real and personal estate by bargain and sale, gift, grant, contract, devise, or bequest; to sue and be sued, and to have and use a common
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seal, and generally shall be clothed with all the rights, powers, and privileges incident to corporations and necessary or convenient for carrying out the purposes of its creation. Section 3 . Said Act is further amended by adding a new Section 2.1 to read as follows: Section 2.1. The board shall have power to elect a treasurer and require of such officer such bond as they may deem necessary. The treasurer of the board shall be entitled to and shall receive from the tax collector of Bibb County the tax assessed, levied, and collected to support the system of schools which the board may establish, as well as all moneys belonging to the board which may be paid by the State Board of Education, the state school superintendent, or by the treasurer of the State of Georgia or which may become the property of the board from any source whatsoever and to control and disburse the same under the direction of the board. Section 4 . Said Act is further amended by striking Section 2A in its entirety and inserting in its place the following: Section 2A. The Board of Public Education for Bibb County shall consist of ten members. The positions on the board shall be numbered as Posts 1 through 10, respectively. Posts 1 through 8 on the board shall be elective positions on the board and shall be filled as provided in this Act. Post No. 9 shall be filled by a councilman or the mayor of the City of Macon to be selected by the city council of Macon. Post No. 10 shall be filled by a Bibb County commissioner to be selected by the Board of Commissioners of Bibb County. Section 5 . Said Act is further amended by striking Section 2B and inserting the following: Section 2B. (a) In the 1992 general election candidates shall be elected to fill Posts 1 through 6. Candidates elected to the board in the election shall take office on the first day of January following their election and shall serve for terms of office of four years and until their successors are duly elected and qualified. In the 1994 general election candidates
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shall be elected to Posts 7 and 8. Candidates elected to the posts shall take office on the first day of January following their election and serve for terms of office of four years and until their successors are duly elected and qualified. Thereafter, successors to the elected members of the board shall be elected in the general election conducted immediately prior to the expiration of the term of office for which they offer as candidates, shall take office on the first day of January following their election, and shall serve for terms of office of four years and until their successors are duly elected and qualified. Members of the board to serve in Posts 9 and 10 shall be appointed by the respective appointing body, and such members shall serve on the board at the pleasure of each respective appointive body and only so long as they are members of the respective appointive body or serve as the mayor of the City of Macon, as the case may be. (b) Vacancies occurring on the board other than in Posts 9 and 10 shall be filled by the remaining board members' electing a qualified person to serve out the unexpired term of office in which the vacancies shall occur. All appointments to fill such vacancies shall be subject to the approval of the Bibb County grand jury in session at the time of the appointment. Vacancies which occur in Posts 9 and 10 shall be filled by the respective appointing authorities' selecting a successor. Section 6 . Said Act is further amended by striking Section 2C and inserting the following: Section 2C. In order to be eligible to offer for election to the board for Posts 1 through 6, a candidate must reside within that education district which corresponds by number to the post for which he or she offers as a candidate. A candidate offering for election to Posts 1 through 6 shall be elected to the board only by the electors of the Bibb County School District who reside within the education district of the candidate's residence. Candidates who offer for election to the board for Posts 7 and 8 may reside anywhere within the Bibb County School District and shall be elected to the board by the electors of the school district.
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Section 7 . Said Act is further amended by striking Section 2E and inserting in its place the following: Section 2E. For the purpose of electing members of the board, the Bibb County School District shall be divided into the following education districts: Education District: 1 BIBB COUNTY VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0007 EM07 VTD: 0008 EM08 VTD: 0009 EM09 (Part) Tract: 0110. Block(s): 401, 402, 403, 404, 405, 406, 407, 419, 420, 601, 602, 603, 604A, 604B, 605, 606, 607, 608, 609, 610, 611, 612 Education District: 2 BIBB COUNTY VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0016 GODFREY 07 (Part) Tract: 0127. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 203, 204, 214, 215, 216, 217, 218, 219, 220, 221B VTD: 0022 MACON 03 (Part) Tract: 0103. Block(s): 226, 227, 238, 239, 240 Tract: 0104. Block(s): 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 125, 126, 127, 128, 129 VTD: 0034 VINEVILLE 01
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VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0040 VINEVILLE 07 VTD: 0041 VINEVILLE 08 Education District: 3 BIBB COUNTY VTD: 0013 GODFREY 04 VTD: 0014 GODFREY 05 VTD: 0017 GODFREY 08 (Part) Tract: 0131.01 Block(s): 502A, 502B Tract: 0131.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 Education District: 4 BIBB COUNTY VTD: 0015 GODFREY 06 VTD: 0017 GODFREY 08 (Part) Tract: 0131.02 Block(s): 103, 104, 106, 107, 108, 109, 110, 111, 122, 201, 202, 203, 204, 205, 206, 207 VTD: 0019 HAZARD 05 VTD: 0021 HAZARD 03 VTD: 0023 HAZARD 01 (Part) Tract: 0132.01 Block(s): 104, 105, 106, 107, 108, 110A, 115A, 118A, 119A, 120A, 121B, 122, 201A, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04
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Education District: 5 BIBB COUNTY VTD: 0012 GODFREY 03 VTD: 0016 GODFREY 07 (Part) Tract: 0126. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 116, 117, 118, 119, 120, 121, 124, 201, 202, 203, 205, 211, 212, 213, 214, 228, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523 VTD: 0022 MACON 03 (Part) Tract: 0104. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448 Tract: 0123. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122 VTD: 0023 HAZARD 01 (Part) Tract: 0132.01 Block(s): 101A, 102, 103, 109, 121A, 301, 302, 303, 304, 305, 306, 307 VTD: 0027 HO 04 (Part) Tract: 0118. Block(s): 402, 403, 406, 409, 410, 411, 412, 413, 414 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0042 VINEVILLE 09 VTD: 0043 MACON 02 VTD: 0044 MACON 01
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Education District: 6 BIBB COUNTY VTD: 0009 EM09 (Part) Tract: 0110. Block(s): 301A, 301B, 301C, 302, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 (Part) Tract: 0118. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 404, 405, 407, 408, 418, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0039 VINEVILLE 06 For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct,
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the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Bibb County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Bibb County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 8 . Said Act is further amended by striking Section 3 and inserting the following: Section 3. (a) The board shall be entitled to and shall receive for the purposes of this Act the pro rata share for Bibb County of all taxes now paid to the state and set apart for educational purposes and all appropriations for such purposes and the pro rata share for Bibb County of all endowments, devises, gifts, and bequests made or hereafter to be made to the state or State Board of Education and of any and all educational incomes and funds not belonging to and due to the board of regents now in the treasury of the state or hereafter to be deposited. (b) The board shall further have the power to assess such tax upon the taxable property of Bibb County as it may think necessary to support the system of schools which it may establish, which tax, when approved by the Board of Commissioners of Bibb County, shall be levied by the board of commissioners and collected like other taxes of the county. The board of commissioners shall approve or disapprove
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of the tax before the first Monday in June of each year. Section 9 . Said Act is further amended by striking Section 3A and inserting the following: Section 3A. The board is authorized and directed to submit to the Board of Commissioners of Bibb County a copy of the final school budget which is prepared pursuant to the provisions of Part 4 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A. as the same is now or may hereafter be amended. The copy of the final school budget shall be submitted to the Board of Commissioners of Bibb County within one week after its adoption by the school board each year. Section 10 . Said Act is further amended by striking Sections 4 and 4A in their entirety and inserting in lieu thereof the following: Section 4. Reserved. Section 4A. Reserved. Section 11 . Said Act is further amended by striking Sections 5 and 5A and inserting the following: Section 5. The board of education is authorized to expend educational funds available to it for the purpose of acquiring, improving, and selling real or personal property in connection with its secondary and postsecondary vocational educational curricula or program. Section 5A. The Board of Commissioners of Bibb County is authorized to fix the compensation and to provide for the reimbursement of expenses for the elected members of the board holding Posts 1 through 8. Such compensation and expenses shall be paid from the funds of the board of education. Section 12 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the
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attorney of the board of education of Bibb County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 13 . 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 1992 session of the General Assembly of Georgia a bill to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended; and for other purposes. This 15th day of January, 1992. s/ Honorable David E. Lucas Representative, 102nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William C. Randall, who, on oath, deposes and says that he is Representative from the 101st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph, which is the official organ of Bibb County, on the following date: January 18, 1992. /s/ William C. Randall Representative, 101st District
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Sworn to and subscribed before me, this 17th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 2, 1992. CITY OF TY TYNEW CHARTER. No. 704 (House Bill No. 1257). AN ACT To provide a new charter for the City of Ty Ty; 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 Ty Ty in Tift 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 Ty Ty. References in this charter to the city or this city refer to the City of Ty Ty. The city shall have perpetual existence. All ordinances previously enacted by the City of Ty Ty shall remain in full force and effect except where they are in conflict with this charter, and the passage of this charter shall not affect the effective date of said ordinances which shall still be deemed effective as of their dates of passage. 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 Ty Ty, Georgia. Photographic, typed, or other copies of such map or any portion thereof 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
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the powers of this city. Said powers shall include, but are not limited to, the following: (1) Agreements. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (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) Assessments. To levy and provide for the collection of special assessments to cover the cost of any public improvement; (5) 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; (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
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such licenses after due process for the failure to pay any city taxes or fees; (7) City 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; (8) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (9) 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 this state; (10) 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; (11) 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; and to establish, operate, or contract for a fire-fighting agency; (12) 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;
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to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (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) Hazardous structures; 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; (15) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (16) Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets, public buildings, libraries, public housing, airports, hospitals, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, or 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; (17) 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; (18) 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
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carrying out all the powers conferred upon or delegated to the same; (19) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (20) Penalty and punishment. To provide that persons given jail sentences, fines, or both 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; to provide such other penalties for violation of any ordinances adopted by the city or to be adopted by the city; (21) Police protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police agency; (22) Pollution. To regulate the emission of smoke or other exhaust which pollutes the air or water and to prevent the pollution of natural streams or rivers; (23) Powers; miscellaneous. 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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(24) 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; (25) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (26) Regulation of special activities and businesses. To regulate or prohibit junk dealers, junk car 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; to restrict or regulate parades, marches, or use of public facilities; (27) 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; (28) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (29) 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; (30) 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; (31) 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; (32) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
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(33) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (34) 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; (35) Transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (36) Urban redevelopment. To organize and operate an urban redevelopment program; (37) Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities including but not limited to a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; to provide for the withdrawal of service for refusal or failure to pay the same; 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 from time to time may be provided by ordinance; (38) 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
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(39) Zoning and planning. 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. 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. Failure to exercise a power by the city shall not be a waiver or relinquishment of said power; the city may at any future time exercise or restrict such power; and the failure to exercise such power shall not give any individual or business any cause of action or claim against the city. 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. Those seeking office must be age 21 by election date. 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
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office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11 . Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the City of Ty Ty shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he seeks election. (e) On the Tuesday next following the first Monday in November, 1993, and on such day biennially thereafter, a general municipal election shall be conducted in the City of Ty Ty for the purpose of electing either a mayor and councilmembers for Posts 2 and 4 or councilmembers for Posts 1, 3, and 5 to succeed those officials whose terms expire on December 31 following the date of such election. Officials elected in such elections shall be elected for terms of office of four years beginning on January 1 following the date of their respective election and until they are no longer qualified or their successors are elected and qualified, whichever shall occur first. All such terms shall expire on December 31 at the end of their term.
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(f) Elections shall be conducted in the City of Ty Ty at the Town Hall or at such place or places as may be designated by the mayor and council. (g) The candidate for each council post receiving a majority of all valid votes cast for such council post shall be declared as councilmember for the respective post for which he qualified as a candidate. The candidate receiving a majority of the votes cast for the office of mayor shall be declared elected as mayor. (h) Throughout this charter the terms he, him, councilman, councilmen, councilmembers, or the like shall refer to the feminine as well as the masculine. 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 the office of mayor shall become vacant for any cause, the mayor pro tem shall fill and hold the office of mayor until the next regular biennial election at which time an election shall be held to fill such office for either the remaining two (2) years of the term of the person vacating such office of mayor or for the next four (4) years should the term of the person vacating such office have expired at the end of the year in which said election is held. In the event the office of any councilmember shall become vacant for any cause, the mayor and remaining councilmembers shall appoint a qualified person to fill and hold such office of councilmember until the next regular biennial election at which time an election shall be held to such office for either the remaining two (2) years of the term of
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the person vacating such office of councilmember or for the next four (4) years should the term of the person vacating such office have expired at the end of the year in which said election is held. 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 . 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. Neither the mayor nor any councilmember may receive an increase in compensation, which term does not include reimbursement, during the term in which such increase is approved. Any raise shall only take effect after their position or post has come up for re-election. 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
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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 of the city 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. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale viodable at the option of the city council.
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(e) Except as authorized by law or ordinance of the city, no member of the council shall hold any other elective city office or other city employment. 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 unanimous vote of the entire membership of the council; provided, however, that, if the person sought to be removed is a member of the council, he shall not vote, and if mayor, he shall not vote or otherwise participate in the proceedings. In such case, the officer shall be entitled to receive a written notice specifying the grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice, unless he is deceased, has abandoned his office, or moved his residence outside of the city for more than 30 days and cannot be located. Any elected officer sought to be removed from office as provided in this section
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shall have the right of appeal from the decision of the city council to the Superior Court of Tift 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 Tift County following a hearing on a complaint seeking such removal brought by any resident of the City of Ty Ty. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES Section 3.10 . General power and authority. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. Section 3.11 . Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council.
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Section 3.12 . Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refused to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 3.13 . Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. Section 3.14 . Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to or replace all members of any committee at any time, with confirmation of appointment or removal by the council.
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Section 3.15 . Voting. (a) The mayor or mayor pro tempore and three councilmembers shall constitute a quorum for the transaction of any business, and a majority of the votes cast shall decide all issues. (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 Ty Ty 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. Act of the city council shall be enacted by ordinance and shall have the force and effect of law. 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. 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
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exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 3.19 . Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 3.20 . Codification of ordinances. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations
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as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Ty Ty, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 3.21 . Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration. Section 3.22 . Powers and duties of mayor. As the chief executive of this city, the mayor shall have the power to: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter;
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(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, along with at least one other councilmember all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing. The mayor's signature and at least one other councilmember's signature shall be prima facie evidence that the City of Ty Ty has entered into any contract, deed, or other written agreement or document;
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(12) Hire CPA's or such other professionals as needed in carrying out his duties or in furtherance of city business; and (13) Perform such other duties as may be required by general state law, this charter, or ordinance. Section 3.23 . Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption. (b) The mayor shall within ten days of receipt of an ordinance return it to the city clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of four members, it shall become law, or if fewer than four members are seated, then by a unanimous vote. (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
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Section 4.10 . Administrative and service departments. (a) The council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established. The council may provide that the same person shall fill any number of offices or duties of offices, positions of employment, departments and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance. Each department shall consist of such offices, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for original appointment. (d) Except as otherwise provided by 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. (e) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. Section 4.11 . Boards. (a) The city council shall create by ordinance such boards, commissions, and authorities as the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such
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terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (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. (i) The qualifications required of members of boards, commissions, or authorities shall be as prescribed by the council.
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Section 4.12 . City attorney. The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. The city council shall provide for the compensation of the city attorney. Section 4.13 . City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. 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) Establishment of position classifications and pay plans, methods of promotion and service ratings, and transfer of employees within the classification plan;
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(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH Section 5.10 . Municipal court. There shall be a court to be known as the Municipal Court of the City of Ty Ty. 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.
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Section 5.12 . Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13 . Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, violations of any and all criminal laws of this state relating to traffic upon the public roads, streets, and highways where the penalty does not exceed the grade of misdemeanor, including but not limited to those approved and later enacted under the Uniform Rules of the Road Act of the State of Georgia and as approved for municipal courts under the provisions of Code Section 40-13-21 of the O.C.G.A., all misdemeanor violations specifically allowed by Georgia law to be prosecuted in municipal courts now or hereinafter established, including but not limited to misdemeanor marijuana cases, and such other violations as allowed by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution
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shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Tift 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
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reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE VI FINANCE Section 6.10 . Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11 . Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
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Section 6.13 . Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14 . Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted; provided, however, that this provision shall not affect any contract in effect on the effective date of this Act. 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. 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
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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, citing the delinquent person or entity to appear before the municipal court and be required to pay a fine or such other punishment as is lawful under the circumstances as set down by the judge. 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 . Short term notices. Pursuant to applicable state law, the city may obtain temporary loans between January 1 and December 31 of each year.
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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. Section 6.24 . Operating budget. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25 . Adoption. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year not later than December 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
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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 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.
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(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. Section 6.32 . Sale of property. (a) The city council may sell and convey and real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.
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(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10 . Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11 . Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. Section 7.12 . Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
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Section 7.13 . Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14 . Specific repealer. An Act incorporating the Town of Ty Ty, approved August 21, 1906 (Ga. L. 1906, p. 1092), as amended, is repealed in its entirety. Section 7.15 . Penalties. The violation of any provision of this charter for which a penalty is not specifically provided is declared to be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed three months, or both such fine and imprisonment. Section 7.16 . Continuance in office. The mayor and councilmembers serving as such on the effective date of this charter shall continue to serve as such for the terms of office to which they were elected and until their successors shall be elected and qualified as provided in this charter. Such successors shall be elected in the municipal general election which is conducted immediately prior to the expiration of the respective term of office. Section 7.17 . Eminent Domain. The city by and through its council shall have the power and all rights of eminent domain and to condemn property for public purposes as fully and completely as if authorized for any municipality in the State of Georgia. The city may use any process or procedure authorized or allowed by Georgia law, including but not limited to those provided in Title 22 of the Official Code of Georgia Annotated. Section 7.18 . General repealer. All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to create a new charter for the City of Ty Ty, Georgia, and to repeal conflicting laws; and for other purposes. This 23 day of December, 1991. Honorable Henry Bostick Representative, 138th. District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry Bostick, who, on oath, deposes and says that he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tifton Gazette, which is the official organ of Tift County, on the following date: December 28, 1991. /s/ Henry Bostick Representative, 138th District Sworn to and subscribed before me, this 15th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992.
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MCDUFFIE COUNTYMOTOR VEHICLE REGISTRATION PERIODS. No. 705 (House Bill No. 1100). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in McDuffie County during designated registration periods as provided in Code Section 40-2-21 of the O.C.G.A.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Effective January 1, 1993, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in McDuffie County during designated registration periods as provided in Code Section 40-2-21 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 1992 session of the General Assembly of Georgia a bill providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in McDuffie County during designated registration periods; and for other purposes. This 31st day of December, 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
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District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress, which is the official organ of McDuffie County, on the following date: January 8, 1992. /s/ Bobby Harris Representative, 84th District Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. RANDOLPH COUNTYBOARD OF COMMISSIONERS; COMPENSATION. No. 706 (House Bill No. 1108). AN ACT To amend an Act creating the Board of Commissioners of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3778), so as to provide that the chairperson and other members of the board shall not receive their monthly compensation under certain circumstances; 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 Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended, particularly by an Act approved
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March 18, 1985 (Ga. L. 1985, p. 3778), is amended by striking Section 19 in its entirety and inserting in its place a new Section 19 to read as follows: Section 19. Monthly compensation for the chairperson of the board for duties connected with the office of chairperson of the board shall be $300.00, and monthly compensation for other members of the board shall be $200.00; provided, however, that compensation shall not be paid to the chairperson or other members of the board for any month in which the chairperson or other members of the board failed to attend a regularly scheduled meeting of the board unless the board by majority vote determines that the absence should be excused for illness or other good cause. The compensation provided by this section shall be paid monthly from the funds of Randolph County on an order drawn by the board and signed by the chairperson and the clerk. The commissioners shall be subject to prosecution for malpractice in office in the same manner as justices of the peace and shall be exempt from road, jury, and militia duty. 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3778); and for other purposes. This 9th day of January, 1992. Honorable Gerald Greene Representative, 130th District
Page 5315
GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southern Tribune which is the official organ of Randolph County, on the following date: January 9, 1992. /s/ Gerald E. Greene Representative, 130th District Sworn to and subscribed before me, this 12th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. TWIGGS COUNTYBOARD OF COMMISSIONERS; SUNDAY MEETINGS; COUNTY ATTORNEY. No. 707 (House Bill No. 1254). AN ACT To amend an Act providing for a board of commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday except as specifically provided; to provide that the board shall be authorized to retain a county attorney; to provide that preference shall be given to those attorneys who are residents of Twiggs County; to provide for the compensation and
Page 5316
duty of such county attorney; 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 a board of commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, is amended by adding, following Section 5, a new Section 5.1 to read as follows: Section 5.1. The board of county commissioners shall not meet or conduct any official business on Sunday unless such Sunday meeting is deemed necessary and approved by a majority of the members at least 72 hours prior to the date of such meeting and unless prior notice of such meeting is given as provided by law. Section 2 . Said Act is further amended by striking Section 13 of said Act which reads as follows: Sec. 13. Be it further enacted by the authority aforesaid, That said board of county commissioners is hereby authorized and empowered to retain and employ a competent attorney at law, and said board is authorized to pay such attorney a retainer fee not to exceed one hundred and fifty dollars per annum, to be paid quarterly out of the county funds of Twiggs County, and such attorney shall receive such other compensation as may be agreed upon by him and said board. It shall be the duty of said county attorney to represent the county in all legal matters in which said county may be interested; and he shall be the legal adviser of said board and shall attend the meetings of said board when requested., and inserting in lieu thereof a new Section 13 to read as follows: Section 13. The board of county commissioners is authorized to retain and employ a competent attorney at law as a county attorney and pay such attorney a retainer fee not to exceed $150.00 per annum, to be paid quarterly out of the county funds of Twiggs County. In retaining such county attorney,
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preference shall be given to those attorneys who are residents of Twiggs County. Such attorney shall receive such other compensation as may be agreed upon by such attorney and the board of commissioners. It shall be the duty of the county attorney to represent the county in all legal matters in which the county may be interested and said attorney shall be the legal adviser of the board of commissioners and shall attend the meetings of the board of commissioners when requested to do so by the board of commissioners. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide for a Board of Commissioners of Twiggs County, approved July 27, 1923, (Ga. L. 1923, p. 324) as amended; and for other purposes. This 16th day of December, 1991. Kenneth Birdsong GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following date: December 19, 1991. /s/ Kenneth W. Birdsong Representative, 104th District
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Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. HARRIS COUNTYCORONER; COMPENSATION. No. 708 (House Bill No. 1128). AN ACT To amend an Act placing the coroner of Harris County upon a monthly salary, approved March 10, 1964 (Ga. L. 1964, p. 2623), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4306), so as to change the salary of the coroner; to provide that the salary of the coroner is in addition to and not in lieu of any expense allowance granted by the governing authority of Harris County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the coroner of Harris County upon a monthly salary, approved March 10, 1964 (Ga. L. 1964, p. 2623), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4306), is amended by striking in its entirety Section 1, which reads as follows: Section 1. The Coroner of Harris County is hereby placed upon a salary of $200.00 per month in lieu of the fee system of compensation formerly allowed said officer. Said salary shall be in lieu of all fees, commissions, emoluments
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and perquisities of whatever kind formerly allowed the Coroner of Harris County for his services as such., and inserting in its place a new Section 1 to read as follows: Section 1. (a) The coroner of Harris County shall receive a salary of $400.00 per month in lieu of the fee system of compensation formerly allowed said officer. Except as provided in this section, the salary shall be in lieu of all fees, commissions, emoluments, and perquisities of whatever kind formerly allowed the coroner for his services. (b) The salary provided in subsection (a) of this section is in addition to and not in lieu of any expense allowance granted by the governing authority of Harris County. Section 2 . This Act shall become effective on July 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 1992 session of the General Assembly of Georgia a bill to amend an Act placing the coroner of Harris County upon a monthly salary, approved March 10, 1964 (Ga. L. 1964, p. 2623), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4306); and for other purposes. This 17th day of December, 1991. HONORABLE ROY D. MOULTRIE REPRESENTATIVE, 93rd DISTRICT
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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: December 26, 1991. /s/ Roy D. Moultrie Representative, 93rd District Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. CITY OF BROXTONMAYOR AND COUNCIL; TERMS; JUDGE; MUNICIPAL COURT; ELECTIONS; PENALTIES. No. 709 (House Bill No. 1269). AN ACT To amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), so as to retain two-year concurrent terms of office for the mayor and members of the city council; to alter the qualifications for city judge; to change the date of elections for mayor and members of the city council; to provide for a one-year term of office for the mayor and city council members elected in 1992; to change the name of the recorder's court to the municipal court; to increase penalties for contempt of court
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and violation of city ordinances; to increase the penalty for violation of any charter provision for which a penalty is not specifically provided; 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 to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), is amended by striking subsection (a) of Section 2.2 of Article II in its entirety and substituting in lieu thereof a new subsection to read as follows: (a) Except as otherwise specified in Section 3.3 of Article III of this Act, the mayor and members of the city council shall serve concurrent terms of office of two years and until their successors are elected and qualified. Section 2 . Said Act is further amended by striking subsection (c) of Section 2.11 of Article II in its entirety and substituting in lieu thereof a new subsection to read as follows: (c) The city attorney shall be an attorney at law who has been licensed to engage in the practice of law in Georgia for a minimum of two years at the time of appointment. The city judge shall be a qualified magistrate court judge, or any other qualified judge of the State of Georgia, or shall have been a licensed attorney for a minimum of two years. The city judge shall comply with all of the ordinances of the city and applicable laws of the State of Georgia to remain qualified to serve as city judge. The city judge shall serve as the judicial officer of the municipal court of said city. Section 3 . Said Act is further amended by striking Section 3.3 of Article III in its entirety and substituting in lieu thereof a new section to read as follows: Section 3.3. Time of Elections. The mayor and four council members serving on the date immediately preceding the effective date of this Act shall complete their two-year terms on December 31, 1992, and shall serve until their successors
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are elected and qualified. On the first Tuesday of December, 1992, a general election shall be held for the office of mayor and the offices of the four council members, and the persons elected shall serve a term of office beginning on January 1, 1993, and ending on December 31, 1993, or until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 1993, a general election shall be held for the office of mayor and the offices of the four council members. The persons elected at such election shall serve for a term of two years beginning on January 1, 1994, and ending on December 31, 1996, or until their successors are elected and qualified. Thereafter, each general election to elect the mayor and the four members of the city council shall be held on the Tuesday next following the first Monday of November in odd-numbered years, persons elected to such offices shall take their oath of office at the first organizational meeting following their election, as provided in Section 2.5, and such officers shall serve for two years and until their successors are elected and qualified. Section 4 . Said Act is further amended by striking in their entirety Section 5.1 and Section 5.2 of Article V and substituting in lieu thereof new sections to read as follows: Section 5.1. Creation; Name. There shall be a court to be known as the Municipal Court of the City of Broxton, Georgia. Section 5.2. Jurisdiction; Powers. (a) The municipal court shall try and punish violations of all city ordinances. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or 30 days in jail or both. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 60 days or both, or to sentence any offender upon conviction to labor in the city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 30 days.
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(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement for the cost of meals, transportation, and caretaking of prisoners bound over to superior court for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as security for the appearance of persons charged with violations. Whenever any person shall give bail for appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the city judge, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least three 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 such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the authority to bind persons over to the appropriate court when it appears by probable cause that a state law has been violated. (g) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (h) The municipal court may compel the presence of all parties necessary to a proper disposition of such case by the issuance of summons, subpoenas, and warrants which may be served by any officer as authorized by this charter or by general state law.
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(i) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of this city granted by general state laws to mayor's, municipal, recorder's, or police courts and particularly by such laws as authorize the abatement of nuisances and prosecutions of traffic violations and violations of other city ordinances. Section 5 . Said Act is further amended by striking Section 8.7 of Article VII in its entirety and substituting in lieu thereof a new section to read as follows: Section 8.7. Penalties. The violation of any provisions of this charter for which penalty is not specifically provided for in this charter is declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed 60 days or both such fine and imprisonment. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 Session of the General Assembly of Georgia, a bill to provide an Amended Charter for the City of Broxton, Georgia, to retain the two (2) year terms of office for Mayor and the other Municipal officers of said City in a General Election; to change the requirements for the qualifications of the City Judge; to change the date for the time of General Elections in the City in order to conform the Charter to the provisions of applicable law; to change the name of the Recorder's Court to the Municipal Court as required by applicable law and to increase the punishment for contempt and for offenses with the Jurisdiction of said Court as allowed and provided by law.
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Van Streat Representative 139th District Post 1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Van Streat, Sr., who, on oath, deposes and says that he is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas Enterprise which is the official organ of Coffee County, on the following date: December 11, 18, and 25, 1991. /s/ Van Streat, Sr. Representative, 139th District Sworn to and subscribed before me, this 17th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. FORSYTH COUNTYBOARD OF COMMISSIONERS; PURCHASES. No. 710 (House Bill No. 1321). AN ACT To amend an Act creating a board of commissioners for Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, so as to change the dollar amount of purchases which can be made without the necessity of receiving bids; 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 board of commissioners for Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, is amended by striking the first paragraph of Section 14 of said Act in its entirety and inserting in lieu thereof a new first paragraph to read as follows: The Board of Commissioners of Forsyth County is designated as the purchasing agent for Forsyth County. Before purchasing any material, supplies, or equipment in excess of an estimated value of $5,000.00, the board shall be required to receive bids and accept the purchase of the material, supplies, or equipment of the lowest and best bidder; provided, however, that in the event of the breakdown of equipment, repair parts therefor may be purchased without the necessity of receiving bids. 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating the Forsyth County Board of Commissioners, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, so as to change the amount for purchasing by lowest bidder; and for other purposes. This 24th day of January, 1992. (signed) Bill H. Barnett 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
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Introduce Local Legislation was published in the Forsyth Forum which is the official organ of Forsyth County, on the following date: January 29, 1992. /s/ Bill Barnett Representative, 10th District Sworn to and subscribed before me, this 30th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. HALL COUNTYBOARD OF COMMISSIONERS; EXPENSE ALLOWANCE. No. 712 (House Bill No. 1353). AN ACT To amend an Act creating a Board of Commissioners for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 2, 1983 (Ga. L. 1983, p. 3570), and an Act approved September 20, 1989 (Ga. L. 1989 Ex. Sess., p. 56), so as to change certain expense allowances for members of said board; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a Board of Commissioners for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 2, 1983 (Ga. L. 1983, p. 3570), and an Act approved September 20, 1989 (Ga.
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L. 1989 Ex. Sess., p. 56), is amended by striking Section 12, which reads as follows: Section 12. (a) Each member of the board of commissioners shall receive an annual salary of $5,400, payable in equal monthly installments. The chairman of the board of commissioners shall receive an annual salary of $6,600.00 payable in equal monthly installments. (b) For each meeting attended by the board which the commissioner attends in his official capacity as a member of the board, the chairman and each member of the board shall be authorized to receive an expense allowance equal to the daily expense allowance provided by law for members of the General Assembly but shall be authorized to receive the same for not more than eight meetings per month., in its entirety and inserting in lieu thereof a new Section 12 to read as follows: Section 12. (a) Each member of the board of commissioners shall receive an annual salary of $5,400.00, payable in equal monthly installments. The chairman of the board of commissioners shall receive an annual salary of $6,600.00, payable in equal monthly installments. (b) For each meeting attended by the board which the commissioner attends in his official capacity as a member of the board, the chairman and each member of the board shall be authorized to receive an expense allowance equal to the daily expense allowance provided by law for members of the General Assembly but shall be authorized to receive the same for not more than ten meetings per month. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE IS given that there will be introduced at the regular session of the 1992 GENERAL ASSEMBLY OF GEORGIA a bill to amend an Act creating the Board of Commissioners of Hall County, Georgia (Ga. L. 1935, p. 661), particularly by an Act amended March 2, 1983 (Ga. L. 1983, p. 3570) so as to change certain expense allowances for members of said Board as further amended and approved September 20, 1989, (Ga. L. September, 1989 Extraordinary Session, p. 56); and for other purposes. This 16th day of January, 1992. HALL COUNTY BOARD OF COMMISSIONER By: CURTIS SEGARS GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times, which is the official organ of Hall County, on the following date: January 18, 1992. /s/ Jerry D. Jackson Representative, 9th District
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Sworn to and subscribed before me, this 22nd day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. COBB COUNTYCIVIL SERVICE SYSTEM; BOARD MEMBERS; TERMS. No. 713 (House Bill No. 1403). AN ACT To amend an Act to authorize the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, approved March 10, 1964 (Ga. L. 1964, p. 2502), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3869), so as to change the dates of expiration of the terms of office of board members; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act to authorize the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, approved March 10, 1964 (Ga. L. 1964, p. 2502), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3869), is amended by striking subsections (c) and (d) of Section 3 of said Act and inserting in lieu thereof the following: (c) The expiration of the term of office and of the term of the person currently holding post number 1 is extended
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from April 1, 1995, to April 1, 1996; the expiration of the term of office and of the term of the person currently holding post number 5 is April 1, 1993. Upon said expiration, the terms of office for post numbers 1 and 5 shall thereafter be for four years, beginning April 1 of the year of expiration of the preceding term of office for each post. Post numbers 1 and 5 shall be filled by secret ballot election by all the employees of Cobb County who are at that time under the Cobb County Civil Service System. Any person desiring to appear as a candidate on the ballot for such election shall announce his candidacy in writing to the chairman of the Board of Commissioners of Cobb County by February 1 preceding the date of expiration of the term of office of the post subject to election. The chairman of the Board of Commissioners of Cobb County shall cause notice of such candidacy to be given to all department heads, who shall post such notice in a conspicuous place for examination by all department employees. The election shall be administered by the chairman of the Board of Commissioners of Cobb County or his designee. The ballot shall provide voters the choice to reject the entire slate of candidates appearing on the ballot. A voter may vote affirmatively in favor of an individual or he may reject the entire slate, but he may not do both. If no person receives the majority of votes cast, then a run-off election between the two top candidates shall be held two weeks from the date of the first election. The candidate receiving the majority of votes cast in the run-off election shall be the new member of the board. Notice of the time, date, and place of the run-off election, together with the names of the candidates, shall be given in the manner provided in this subsection. (d) Prior to March 1, 1989, persons were to be appointed by the board of commissioners to hold post number 3 through February, 1993, and to hold post number 4 through April, 1990. The expiration of the term of office and of the term of the person appointed by the Board of Commissioners of Cobb County under prior law to fill post number 3 is extended from April 1, 1993, to April 1, 1994; the expiration of the term of office and of the term of the person appointed to fill post number 4 is April 1, 1995. Upon said expiration, the terms of office for post numbers 3 and 4 shall
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thereafter be for four years beginning April 1 of the year of expiration of the preceding term of office for each post. The governing authority shall appoint the persons to hold post numbers 3 and 4 for the terms of office set forth in this subsection. 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 1992 session of the General Assembly of Georgia a bill to amend an Act relating to the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, approved March 10, 1964 (Ga. L. 1964, p. 2502), as amended; and for other purposes. This 16th day of January, 1992. Jack Vaughan Delegation Secretary Honorable Fred Aiken Representative, 21st District Honorable Bill Atkins Representative, 21st District Honorable Eugene T. Clark Representative, 20th District Honorable Tom Cauthorn Representative, 20th District Honorable Lynda Coker Representative, 21st District Honorable John W. Hammond Representative, 20th District Honorable Kip Klein Representative, 21st District Honorable Debra A. Mills Representative, 20th District Honorable Jack Vaughan Representative, 20th District Honorable Tom Wilder
Page 5333
Representative, 21st District Honorable Charles C. Clay Senator, 37th District Honorable Sallie Newbill Senator, 56th District Honorable Hugh A. Ragan Senator, 32nd District Honorable Steve Thompson Senator, 33rd District 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: January 17, 1992. /s/ John W. Hammond Representative, 20th District Sworn to and subscribed before me, this 31st day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992.
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BULLOCH COUNTYBOARD OF COMMISSIONERS; COMPENSATION; CHAIRPERSON. No. 715 (House Bill No. 1413). AN ACT To amend an Act creating the board of commissioners of Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4631), so as to change the compensation of the chairperson and other members of the board of commissioners; to provide that the chairperson shall not be required to devote full time to the duties of office; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the board of commissioners of Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4631), is amended by striking in its entirety subsection (a) of Section 2 and inserting a new subsection to read as follows: (a) (1) The annual salary of the chairperson of the board of commissioners shall be $20,000.00 per annum. (2) The annual salary of each other member of the board of commissioners shall be $5,000.00 per annum. (3) The salaries prescribed in paragraphs (1) and (2) of this subsection shall be paid in equal monthly installments from funds of Bulloch County. (4) The chairperson shall not be required to devote full time to the duties of said office. The board is authorized to furnish an automobile to the chairperson for use by the chairperson while on county business.
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Section 2 . This Act shall become effective on January 1, 1993. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION To amend an Act creating the Board of Commissioners of Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290) as amended, so as to change the compensation of the Chairperson and other members of the Board of Commissioners; to provide that the Chairperson shall not be required to devote full time to the duties of office, and for other purposes. Honorable John F. Godbee Representative 110th District Honorable Robert E. Lane Representative 111th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert E. Lane, who, on oath, deposes and says that he is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Georgian, which is the official organ of Bulloch County, on the following date: January 30, 1992. /s/ Robert E. Lane Representative, 111th District
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Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. TALBOT COUNTYTAX COMMISSIONER; COMPENSATION; PERSONNEL; FEES. No. 716 (House Bill No. 1431). AN ACT To amend an Act creating the office of tax commissioner of Talbot County, approved March 6, 1939 (Ga. L. 1939, p. 730), as amended, so as to change the compensation of the tax commissioner; to change the provisions relating to personnel; to change the provisions relating to commissions, fees, and other funds; to provide for other matters relating to 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 Talbot County, approved March 6, 1939 (Ga. L. 1939, p. 730), as amended, is amended by striking Section 5 of said Act and inserting in lieu thereof a new Section 5 to read as follows: Section 5. (a) The tax commissioner shall receive a salary of $35,000.00 per annum, payable in equal monthly installments from the funds of Talbot County.
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(b) 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 the tax commissioner as public funds belonging to the county. Once each month the tax commissioner shall turn over to the fiscal authority of Talbot County all funds collected by the tax commissioner with a detailed itemized statement showing the sources from which such funds were collected. The salary provided by subsection (a) of this section for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind. (c) The governing authority of Talbot County shall furnish the tax commissioner with suitable office space, equipment, furnishings, stationery, and supplies. (d) The tax commissioner is authorized to employ and select personnel to assist in the performance of the duties of the office and to fix the compensation of such personnel within budget limits established by the governing authority of the county. Section 2 . This Act shall become effective January 1, 1993. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act creating the office of tax commissioner of Talbot County, approved March 6, 1939 (Ga. L. 1939, p. 730), as amended; and for other purposes. This 28th day of January, 1992. LEONARD R. MEADOWS
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Leonard R. Meadows, who, on oath, deposes and says that he is Representative from the 91st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Talbotton New Era, which is the official organ of Talbot County, on the following date: January 30, 1992. /s/ Leonard R. Meadows Representative, 91st District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 6, 1992. TALBOT COUNTYSHERIFF; COMPENSATION. No. 717 (House Bill No. 1432). AN ACT To amend an Act changing the compensation of the sheriff of Talbot County from the fee system to the salary system, approved March 30, 1965 (Ga. L. 1965, p. 2869), as amended, 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:
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Section 1 . An Act changing the compensation of the sheriff of Talbot County from the fee system to the salary system, approved March 30, 1965 (Ga. L. 1965, p. 2869), 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. The present method of compensation for the sheriff of Talbot County, Georgia, is changed from the fee system to the salary system and the sheriff of Talbot County shall hereafter be paid on a salary basis. The sheriff shall be compensated for all duties as sheriff and jailer in the amount of $35,000.00 per annum, to be paid in equal monthly installments at the end of each calendar month from the funds of Talbot County. Except for the expenses provided for in this Act, such compensation shall be in lieu of all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, moneys, and all other emoluments or perquisites of whatever kind which shall be allowed the sheriff of Talbot County after the effective date of this Act and said salary shall also include all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, moneys, and all other emoluments or perquisites of whatever kind which shall be allowed said sheriff in his official capacity or as an official or agent for any court, department, or official of Talbot County or for any department or official of the State of Georgia. Section 2 . This Act shall become effective on January 1, 1993. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act changing the compensation of the sheriff of Talbot County from the fee system to the salary system, approved March 30, 1965 (Ga. L. 1965, p. 2869), as amended; and for other purposes.
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This 28th day of January, 1992. LEONARD R. MEADOWS GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Leonard R. Meadows, who, on oath, deposes and says that he is Representative from the 91st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Talbotton New Era, which is the official organ of Talbot County, on the following date: January 30, 1992. /s/ Leonard R. Meadows Representative, 91st District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 6, 1992. TALBOT COUNTYPROBATE COURT; JUDGE PLACED ON ANNUAL SALARY. No. 718 (House Bill No. 1433). AN ACT To abolish the present method of compensating the judge of the Probate Court of Talbot County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such
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fees, costs, and emoluments; to provide for periodic statements; to provide for personnel and their appointment, duties, compensation, and removal; to provide for the payment of the operating expenses of said office; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The present method of compensating the judge of the Probate Court of Talbot County, known as the fee system, is abolished and in lieu thereof such judge shall receive an annual salary as provided in this Act. Section 2 . The judge of the Probate Court of Talbot County shall receive an annual salary of $35,000.00, payable in equal monthly installments from the funds of the county. Section 3 . The judge of the Probate Court of Talbot County shall have the authority, within budget limits established by the Board of Commissioners of Talbot County, to employ personnel to assist in the performance of the duties of such office and to fix their compensation. It shall be within the sole power and authority of the judge of the probate court, during such judge's term of office, to designate and name the persons who shall be employed as personnel of such office and to prescribe their duties and assignments and to remove or replace such personnel at will and within the judge's sole discretion. The compensation of such personnel shall be paid in equal monthly installments out of the funds of Talbot County. Section 4 . After the effective date of this Act, the judge of the probate court shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formally allowed such judge as compensation for services in any capacity and shall receive and hold them in trust for the county as public moneys. The judge shall pay such moneys into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of such monthly payment into
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the county treasury, the judge of the probate court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amount of money collected and the source thereof. Section 5 . The necessary operating expenses of the probate court shall be paid from any funds of the county available for such purpose. All supplies, materials, books, furnishings, furniture, machinery, equipment, and utilities as may be reasonably required in the discharge of the official duties of the office of the judge of the probate court shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Talbot County. Section 6 . This Act shall become effective January 1, 1993. 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 1992 session of the General Assembly of Georgia a bill to place the judge of the Probate Court of Talbot County on an annual salary in lieu of the fee system of compensation; to provide for the salary of such judge; to provide for the collection of fees, costs, or other emoluments and the payment thereof to the county; to provide for personnel, operating expenses, and equipment and supplies; and for other purposes. This 28th day of January, 1992. LEONARD R. MEADOWS
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Leonard R. Meadows, who, on oath, deposes and says that he is Representative from the 91st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Talbotton New Era, which is the official organ of Talbot County, on the following date: January 30, 1992. /s/ Leonard R. Meadows Representative, 91st District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 6, 1992. COBB COUNTYBOARD OF EDUCATION; COMPENSATION. No. 719 (House Bill No. 1436). AN ACT To amend an Act changing the boundaries of the seven education districts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 4024), so as to change the compensation of the chairman and other members of the board of education; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act changing the boundaries of the seven education districts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 4024), is amended by striking in its entirety subsection (d) of Section 2 and inserting in lieu thereof the following: (d) Each member of the board of education of Cobb County, except for the chairman, shall receive an annual salary of $19,000.00, to be paid in equal monthly installments from funds of the board of education. The chairman shall receive an annual salary of $22,800.00, to be paid in equal monthly installments from the funds of the board of education. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act changing the boundaries of the seven educational districts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 4024); and for other purposes. This 13th day of Jan., 1992. Honorable Thomas E. Wilder, Jr. Representative 21st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas E. Wilder, Jr., who, on oath, deposes and says that he is Representative from
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the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 17, 1992. /s/ Thomas E. Wilder, Jr. Representative, 21st District Sworn to and subscribed before me, this 24th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. CATOOSA COUNTYBOARD OF TAX ADMINISTRATORS ABOLISHED; LOCAL CONSTITUTIONAL AMENDMENT REPEALED. No. 720 (House Bill No. 1443). AN ACT To abolish the Board of Tax Administrators for Catoosa County; to repeal an Act approved March 6, 1987 (Ga. L. 1987, p. 3796), which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a Board of Tax Administrators for Catoosa County and providing for their qualifications, terms, authority, duties, and compensation (Res. Act No. 167; H.R. 472-1129a; Ga. L. 1958, p. 592); to repeal that constitutional amendment duly ratified at the 1958 general election (Res. Act No. 167; H.R. 472-1129a; Ga. L. 1958, p. 592) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for a Board of Tax Administrators for Catoosa County and providing for their qualifications, terms, authority, duties, and
Page 5346
compensation; to provide for a county board of tax assessors; to provide for the transfer of books, documents, records, property, powers, duties, actions, appeals, and other matters; to provide for levy of taxes and administration of tax laws; to provide that no elections for membership of the Board of Tax Administrators for Catoosa County shall be held or conducted in 1996 or thereafter; to provide the authority for this Act; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The Board of Tax Administrators for Catoosa County is abolished. Section 2 . An Act approved March 6, 1987 (Ga. L. 1987, p. 3796), which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a Board of Tax Administrators for Catoosa County and providing for their qualifications, terms, authority, duties, and compensation (Res. Act No. 167; H.R. 472-1129a; Ga. L. 1958, p. 592), is repealed in its entirety. Section 3 . That constitutional amendment duly ratified at the 1958 general election (Res. Act No. 167; H.R. 472-1129a; Ga. L. 1958, p. 592) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for a Board of Tax Administrators for Catoosa County and providing for their qualifications, terms, authority, duties, and compensation is repealed in its entirety. Section 4 . Prior to December 31, 1996, it shall be the duty of the governing authority of Catoosa County to appoint members of a board of tax assessors. Such board shall be appointed and the members thereof shall have such qualifications, terms, duties, and powers as provided by the general laws of the State of Georgia. Terms of office of such members shall begin on January 1, 1997. On January 1, 1997, the powers, duties, books, documents, and property of the board of tax administrators and all pending actions, matters, and appeals of or before such board shall be transferred to the appropriate board or official of
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Catoosa County who would otherwise have jurisdiction or authority over such matter if the board of tax administrators had never existed. Any such action, matter, or appeal shall not be affected or abated by the abolition of the board of tax administrators and the transfers authorized by this section. Effective January 1, 1997, the levy of taxes and the administration of the tax laws within Catoosa County shall be pursuant to the Constitution and general laws of the State of Georgia. Section 5 . No election for membership on the Board of Tax Administrators for Catoosa County shall be held or conducted in 1996 or thereafter. Section 6 . This Act is enacted 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 7 . Sections 1, 2, and 3 of this Act shall become effective at 11:59 P.M. on December 31, 1996. The remaining sections of this Act shall become effective immediately upon approval by the Governor or upon becoming law without such approval. Section 8 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to abolish the Board of Tax Administrators for Catoosa County; to repeal an Act approved March 6, 1987 (Ga. L. 1987, p. 3796), which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a Board of Tax Administrators for Catoosa County and providing for their qualifications, terms, authority, duties, and compensation (Res. Act No. 167; H. R. 472-1129a; Ga. L. 1958, p. 592); to repeal that constitutional amendment duly ratified at the 1958 general election (Res. Act No. 167; H.R. 472-1129a; Ga.
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L. 1958, p. 592) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for a Board of Tax Administrators for Catoosa County and providing for their qualifications, terms, authority, duties, and compensation; to provide for a county board of tax assessors; to provide for the transfer of books, documents, records, property, powers, duties, actions, appeals, and other matters; to provide for levy of taxes and administration of tax laws; to provide that no elections for membership of the Board of Tax Administrators for Catoosa County shall be held or conducted in 1996 or thereafter; to provide the authority of this Act; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. This 24th day of January, 1992. McCracken Poston, Jr. State Representative District 2 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 29, 1992. /s/ McCraken Poston, Jr. Representative, 2nd District
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Sworn to and subscribed before me, this 4th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. TOWN OF FORT OGLETHORPEREDESIGNATION AS CITY OF FORT OGLETHORPE; CITY COUNCIL. No. 721 (House Bill No. 1466). AN ACT To amend an Act incorporating the Town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, so as to redesignate the Town of Fort Oglethorpe as the City of Fort Oglethorpe; to redesignate the board of aldermen as the city council; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act incorporating the Town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, is amended by striking Town from said Act wherever it appears and inserting in its place City and by striking town from said Act wherever it appears and inserting in its place city. Section 2 . Said Act is further amended by striking Board of Aldermen from said Act wherever it appears and inserting in its place City Council; by striking board of aldermen from said Act wherever it appears and inserting in its place city council; by striking aldermen from said Act wherever
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it appears and inserting in its place councilmen; and by striking alderman from said Act wherever it appears and inserting in its place councilman. 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 1992 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended; and for other purposes. This 21st day of January, 1992. Honorable McCracken Poston, Jr., Representative, 2nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, McCracken Poston, Jr., who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: January 29, 1992. /s/ McCracken Poston, Jr. Representative, 2nd District
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Sworn to and subscribed before me, this 4th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. ROCKDALE COUNTYHOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 722 (House Bill No. 1479). AN ACT To provide a homestead exemption from certain Rockdale County School District ad valorem taxes for educational purposes in certain graduated amounts of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over or permanently disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for the repeal of a prior homestead exemption; 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 Rockdale County School District, but not including taxes to retire school bond indebtedness.
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(2) Homestead means homestead as defined and qualified in Code Section 48-5-40. (3) Senior citizen means a person who is 65 years of age or over. Section 2 . (a) Each resident of the Rockdale County School District who is a senior citizen or who is permanently disabled is granted an exemption on that person's homestead from all Rockdale County School District ad valorem taxes for educational purposes in the amount specified in this section. The exemption granted by this section shall not exceed the following amounts of the assessed value of the homestead for the taxable years beginning with the following dates: Taxable Years Beginning Maximum Exemption Amount (1) January 1, 1993 $ 28,000.00 (2) January 1, 1994 29,000.00 (3) January 1, 1995 30,000.00 (4) January 1, 1996 31,000.00 (5) January 1, 1997 32,000.00 (6) January 1, 1998 33,000.00 (7) January 1, 1999 34,000.00 (8) January 1, 2000, and all taxable years thereafter 35,000.00 (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
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Rockdale County giving the person's age, or if permanently disabled, the certificate or certificates required by subsection (b) of this section, 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. Section 3 . The tax commissioner of Rockdale County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemption. Section 4 . The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit and certificate or certificates, if disabled, as provided in subsections (b) and (c) of Section 2 of this Act, it shall not be necessary to make application and file such 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 person granted the homestead exemption under this Act to notify the tax commissioner of Rockdale County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Section 5 . The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to Rockdale County School District ad valorem taxes for educational purposes. Section 6 . The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1993, in the manner and in the amount specified in Section 1 of this Act. Section 7 . Any person who as of January 1, 1992, has applied for and is eligible for the $20,000.00 homestead exemption
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from Rockdale County taxes for school purposes granted by that local constitutional amendment found at Ga. L. 1980, p. 2215; Resolution Act No. 227; House Resolution No. 578-1550 shall be eligible for the exemption granted by this Act without applying therefor. Section 8 . That local constitutional amendment found at Ga. L. 1980, p. 2215; Resolution Act No. 227; House Resolution No. 578-1550, granting a $20,000.00 homestead exemption from Rockdale County taxes for school purposes, which local constitutional amendment was continued in effect as statutory law pursuant to Article VIII, Section II, Paragraph IV of the Constitution is repealed in its entirety effective at the last moment of December 31, 1992. Section 9 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Rockdale County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Rockdale County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 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 Rockdale County. The ballot shall have written or printed thereon the words:
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() YES () NO Shall the Act be approved which provides an annually increased homestead exemption from certain Rockdale County School District ad valorem taxes for educational purposes culminating in an exemption of $35,000.00 of the assessed value of that homestead for taxable years beginning on or after January 1, 2000, for that school district for certain residents of that district who are 65 years of age or over or permanently disabled and which repeals the existing $20,000.00 homestead exemption for Rockdale County taxes for school purposes? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 7 shall become of full force and effect immediately and shall be applicable to the taxable years specified in Section 1 of this Act and Section 8 shall become effective as specified in that section. If Sections 1 through 8 of this Act are 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 that election date. The expense of such election shall be borne by Rockdale County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide a homestead exemption from certain Rockdale County School District ad valorem taxes for educational purpose in certain graduated amounts of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over or permanently disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for the repeal of a prior homestead exemption; to provide for a referendum, effective dates, and automatic repeal; and for other purposes. This 24 day of January, 1992. Honorable David B. Irwin Representative, 57th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David B. Irwin, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen, which is the official organ of Rockdale County, on the following date: January 30, 1992. /s/ David B. Irwin Representative, 57th District
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Sworn to and subscribed before me, this 4th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 6, 1992. ATHENS-CLARKE COUNTYSTATE COURT; SOLICITOR; COMPENSATION. No. 723 (House Bill No. 1492). AN ACT To amend an Act establishing a City Court in the County of Clarke, now known as the State Court of Athens-Clarke County, Georgia, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4861), so as to change the compensation of the solicitor of the court; 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, now known as the State Court of Athens-Clarke County, Georgia, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4861), is amended by deleting in its entirety Section 2C and inserting in lieu thereof a new Section 2C to read as follows: Section 2C. The solicitor shall be paid an annual salary equal to the annual salary of a district attorney, as paid by the state. Such salary shall be payable in equal monthly installments
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out of the treasury of Athens-Clarke County by the officers of said consolidated government authorized to pay out the funds of the consolidated government. The salary of the solicitor shall be an expense of the court. The solicitor shall not engage in the private practice of law, but shall be a full-time solicitor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act establishing a City Court in the County of Clarke, approved September 9, 1879 (Ga. L. 1878-9, p. 291), as amended; and for other purposes. This 24th day of January, 1992. Honorable Mary Louise McBee Representative, 68th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Louise McBee, who, on oath, deposes and says that she is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Banner-Herald/Daily News, which is the official organ of Clarke County, on the following date: January 31, 1992. /s/ M. Louise McBee Representative, 68th District
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Sworn to and subscribed before me, this 4th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. CITY OF BARNESVILLECITY ADMINISTRATOR; COUNCIL; SUPERVISORS; CITY CLERK; CITY TREASURER; CITY ACCOUNTANT. No. 724 (House Bill No. 1499). 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 provisions relating to the removal of the city administrator and relating to the acting city administrator; to change provisions relating to council interference with administration; to change provisions relating to city supervisors; to change provisions relating to the city clerk, city treasurer, and city accountant; 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 Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), as amended, is amended by striking Sections 2.28 and 2.29 in their entirety and inserting in lieu thereof new Sections 2.28 and 2.29 to read as follows:
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Section 2.28. Removal of city administrator. The city council may remove the city administrator from office in accordance with the following procedures: (1) The city council shall adopt by affirmative vote of a majority of the members present a preliminary resolution which must state the reasons for removal and may suspend the city administrator from duty. A copy of the resolution shall be delivered promptly to the city administrator; (2) Within five days after receiving a copy of the resolution, the city administrator 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 city administrator may file with the city council a written reply not later than five days before the hearing; (3) If the city administrator has not requested a public hearing within the time specified in paragraph (2) of this section, 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; and (4) If the city administrator has requested a public hearing, the city council may adopt a final resolution for removal at any time after the public hearing by an affirmative vote of a majority of the members present, provided due cause is shown as outlined in Personnel System, Article V, Section 2. Section 2.29. Acting city administrator. In the event of suspension of the city administrator, or his temporary absence due to disability, the city council shall designate a qualified person to exercise the powers and perform the duties of city administrator during such suspension or temporary absence. Section 2 . Said Act is further amended by striking Section 2.31 and inserting in lieu thereof the following:
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Section 2.31. City council direction of officers and employees. Except for the purpose of inquiries and investigations under Section 2.15, and in exigent circumstances requiring direction of the city council or its members, such city council or members thereof shall deal with city officers and employees who are subject to the direction and supervision of the city administrator solely through the city administrator, and members of the city council shall not give orders to any such officer or employee, either publicly or privately. Nothing contained in this section shall prevent the city council or its members from discussing city policies and employee affairs with officers or employees of the city. Section 3 . Said Act is further amended by striking subsection (e) of Section 3.10 and inserting in lieu thereof the following: (e) All supervisors under the supervision of the city administrator shall be nominated by the city administrator with confirmation of appointment by the city council. The city administrator may suspend or remove supervisors under his or her supervision by giving written notice of such action and the reason therefor to the supervisor involved and to the city council. The supervisor involved may appeal to the city council which, after a hearing, may override the city administrator's action by a majority vote of the councilmembers present. Section 4 . Said Act is further amended by striking Section 3.13 and inserting in lieu thereof the following: Section 3.13. City clerk. The city administrator shall, with the concurrence of a majority of the members of the city council present at the next regular meeting thereof, appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. Section 5 . Said Act is further amended by striking Sections 3.14 and 3.15 and inserting in lieu thereof the following:
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Section 3.14. City treasurer. The city administrator shall act as 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 may, by majority vote of the members present, appoint a person other than the city administrator to occupy this position. Section 3.15. City accountant. The city administrator shall, with the concurrence of a majority of the members of the city council present at the next regular meeting thereof, appoint a city accountant and other related personnel to perform the duties thereof as required. 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 1992 session of the General Assembly of Georgia, a bill to ammend an act providing for a new charter for the city of Barnesville, approved March 11, 1987, (Georgia Laws 1987, page 3865, as amended); and for other purposes. This 27th day of January, 1992. 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
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Herald-Gazette, which is the official organ of Lamar County, on the following date: January 29, 1992. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. DEKALB COUNTYORDINANCE VIOLATIONS; PENALTIES. No. 725 (House Bill No. 1517). AN ACT To amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, so as to change the penalties for ordinance violations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, is amended by striking subsection (c) of Section 9 of
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said Act in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) The Commission is hereby authorized to adopt ordinances prescribing penalties and punishment for violation of any and all ordinances adopted by the Commission to carry out any of the provisions of this Section or other provisions of this Act or of any other law, and to prescribe maximum penalties and punishment for violation of same, except that the same shall in no event exceed a fine of $1,000.00, imprisonment in the county jail for 30 days, or labor on the work gang for 60 days for any single offense, or any combination thereof; provided, however, that for violations of a pre-treatment standard or requirement adopted pursuant to the federal Clean Water Act the maximum fine shall be $1,000.00 per day for each violation by an industrial user. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act revising, superceding and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended particularly by an Act establishing the form of government of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to change the maximum fine the county commission 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, Thurbert E. Baker, who, on oath, deposes and says that he is Representative from
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the 51st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era, which is the official organ of DeKalb County, on the following date: January 30, 1992. /s/ Thurbert E. Baker Representative, 51st District Sworn to and subscribed before me, this 4th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. MUSCOGEE COUNTYHOMESTEAD EXEMPTION; COUNTY AND SCHOOL DISTRICT TAXES; BONDED INDEBTEDNESS; REFERENDUM. No. 726 (House Bill No. 1604). AN ACT To amend an Act providing for homestead exemptions from Muscogee County ad valorem taxes and from Muscogee County School District ad valorem taxes for educational purposes for certain residents of that county and school district, approved April 4, 1991 (Ga. L. 1991, p. 4265), so as to provide for the application of such exemptions with respect to certain taxes to retire certain bonded indebtedness; to provide for effective dates; to provide for applicability; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1 . An Act providing for homestead exemptions from Muscogee County ad valorem taxes and from Muscogee County School District ad valorem taxes for educational purposes for certain residents of that county and school district, approved April 4, 1991 (Ga. L. 1991, p. 4265), is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows: Section 1. For purposes of this Act, the term: (1) `Homestead' means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (2) `Income' means net income from all sources but shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system except such income which is in excess of the maximum amount authorized to be paid to an individual and that person's spouse under the federal Social Security Act. Section 2 . Said Act is further amended by striking Sections 2, 3, 4, and 5 and inserting in their place new Sections 2, 3, 4, and 5, respectively, to read as follows: 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. For purposes of this section, `ad valorem taxes for county purposes' means all ad valorem taxes for county purposes levied by, for, or on behalf of Muscogee County, except for taxes to retire bonded indebtedness and except for county school district ad valorem taxes for educational purposes. 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
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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. For purposes of this section, `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. 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. For purposes of this section, `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 except for taxes to retire school bond indebtedness. 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. For purposes of this section, `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. 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 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
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of Muscogee 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, other than taxes to retire bonded indebtedness, in the amount of $13,500.00 for qualified residents; (2) Muscogee County ad valorem taxes for county purposes, including taxes to retire bonded indebtedness, 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, other than taxes to retire school bond indebtedness, in the amount of $13,500.00 for qualified residents; and (4) Muscogee County School District ad valorem taxes for educational purposes, including taxes to retire school bond indebtedness, 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 and 2 of this Act, then Sections 1 and 2 of this Act shall become of full force and effect on January 1, 1993, and shall be applicable to all taxable years beginning on or after January 1, 1993; otherwise this Act
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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, 1992, 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 4 . Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act providing for homestead exemptions from Muscogee County ad valorem taxes and from Muscogee County School District ad valorem taxes for educational purposes for certain residents of that county and school district, approved April 4, 1991 (Ga. L. 1991, p. 4265); and for other purposes. This 3rd day of February, 1992. THOMAS B. BUCK, III Honorable Thomas B. Buck, III Representative, 95th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus
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Ledger-Enquirer, which is the official organ of Muscogee County, on the following date: February 3, 1992. /s/ Thomas B. Buck Representative, 95th District Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. PEACHTREE CITYMAYOR AND COUNCIL; TERMS; ELECTION DATES. No. 727 (House Bill No. 1605). AN ACT To amend an Act incorporating Peachtree City, approved March 9, 1959 (Ga. L. 1959, p. 2409), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2821), and by an Act approved March 13, 1990 (Ga. L. 1990, p. 3891), so as to provide for the terms of office of the mayor and city council; to provide for election dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act incorporating Peachtree City, approved March 9, 1959 (Ga. L. 1959, p. 2409), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2821), and by an Act approved March 13, 1990 (Ga. L. 1990, p. 3891), is
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amended by striking the first paragraph of Section 9, which reads as follows: The municipal general election shall be conducted on the first Tuesday of December of each year except that after January 1, 1993, municipal general elections shall be held on the Tuesday next following the first Monday in November of each year. For the purposes of electing councilmen, positions on the council shall be numbered as Posts 1 through 4, respectively. Successors to those councilmen from Posts 1 and 2 whose terms of office expire on the date of the first scheduled meeting of the council in 1991, shall be elected at the municipal general election in 1990, shall take office on the date of that first scheduled meeting of the council which is held in 1991, and shall serve for terms of office of two years each. Successors to the mayor and to those councilmen from Posts 3 and 4 whose terms of office expire on the date of the first scheduled meeting of the council in 1992 shall be elected at the municipal general election in 1991, shall take office on the date of that first scheduled meeting of the council which is held in 1992, and shall serve for terms of office of two years each. Thereafter, successors to the mayor and each councilman whose term of office is to expire shall be elected at the municipal general election immediately preceding the expiration of such term, shall take office at the first scheduled meeting of the council held in January following their election, and shall serve for terms of office of two years each. Each person elected as mayor or councilman shall serve the terms specified in this paragraph and until the election and qualification of such person's respective successor. The candidate for each respective office who shall receive the highest number of votes cast for such office by the electors of said city shall be elected to such office. This paragraph is enacted pursuant to the authority of Code Section 21-3-64 of the O.C.G.A., and inserting in lieu thereof a new first paragraph of Section 9 to read as follows: The municipal general election shall be conducted on the first Tuesday of December of each year except that after January 1, 1993, municipal general elections shall be held on
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the Tuesday next following the first Monday in November of each year. For the purposes of electing councilmen, positions on the council shall be numbered as Posts 1 through 4, respectively. Successors to those councilmen from Posts 1 and 2 whose terms of office expire on the date of the first scheduled meeting of the council in 1993, shall be elected at the municipal general election in 1992, shall take office on the date of that first scheduled meeting of the council which is held in 1993, and shall serve for terms of office of three years each. Successors to the mayor and to those councilmen from Posts 3 and 4 whose terms of office expire on the date of the first scheduled meeting of the council in 1994 shall be elected at the municipal general election in 1993, shall take office on the date of that first scheduled meeting of the council which is held in 1994, and shall serve for terms of office of four years each. Thereafter, successors to the mayor and each councilman whose term of office is to expire shall be elected at the municipal general election immediately preceding the expiration of such term, shall take office at the first scheduled meeting of the council held in January following their election, and shall serve for terms of office of four years each. Each person elected as mayor or councilman shall serve the terms specified in this paragraph and until the election and qualification of such person's respective successor. After January 1, 1993, any mayor or councilman who has been elected for two consecutive four-year terms under the provisions of this charter shall not be eligible to be elected for the succeeding term. The candidate for each respective office who shall receive the majority of votes cast for such office by the electors of said city shall be elected to such office. This paragraph is enacted pursuant to the authority of Code Section 21-3-64 of the O.C.G.A. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia, a bill to amend an Act incorporating Peachtree City, approved
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March 9, 1959 (Ga. L. 1959 P. 2409), as amended, particularly by an Act approved March 13, 1990 (Ga. L. 1990, P. 8891), so as to provide for the terms of office; the manner of electing the Mayor and City Council; the date of elections and for other purposes. Frances Meadors City Clerk GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Heard, Jr., who, on oath, deposes and says that he is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News, which is the official organ of Fayette County, on the following date: February 5, 1992. /s/ Paul W. Heard, Jr. Representative, 43rd District Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992.
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CITY OF FAYETTEVILLEMAYOR AND COUNCIL; ELECTIONS; TERMS. No. 728 (House Bill No. 1606). AN ACT To amend an Act creating a new charter for the City of Fayetteville, approved March 4, 1970 (Ga. L. 1970, p. 2243), as amended, so as to provide for the manner of electing members of the city council and the mayor; to provide for terms and election dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a new charter for the City of Fayetteville, approved March 4, 1970 (Ga. L. 1970, p. 2243), as amended, is amended by striking Section 2.04 thereof and inserting in its place a new Section 2.04 to read as follows: Section 2.04. Terms of office. (a) Those persons serving as mayor or as councilmen from Post No. 1 and Post No. 2 immediately prior to the date this Act becomes effective shall serve out their terms of office, which expire December 31, 1992, and until the election and qualification of their respective successors. Those successors shall be elected at the regular municipal election in November, 1992; shall take office the first day of January, 1993; and shall serve for terms of office which expire December 31, 1995, and upon the election and qualification of their respective successors. After January 1, 1993, successors to the mayor and to the councilmen from Post No. 1 and Post No. 2 whose terms of office are to expire shall be elected at the regular municipal election in November, immediately prior to such expiration of terms, and shall take office the first day of January immediately following such election for terms of office of four years each and until their respective successors are elected and qualified. (b) Those persons serving as councilmen from Post No. 3, Post No. 4, and Post No. 5 immediately prior to the date
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this Act becomes effective shall serve out their terms of office, which expire December 31, 1993, and until the election and qualification of their respective successors. Those successors shall be elected at the regular municipal election in November, 1993; shall take office the first day of January, 1994; and shall serve for terms of office which expire December 31, 1997, and upon the election and qualification of their respective successors. After January 1, 1994, successors to the councilmen from Post No. 3, Post No. 4, and Post No. 5 whose terms of office are to expire shall be elected at the regular municipal election in November, immediately prior to such expiration of terms, and shall take office the first day of January immediately following that election for terms of office of four years each and until their respective successors are elected and qualified. Section 2 . Said Act is further amended by striking Section 5.01 and inserting in its place a new section to read as follows: Section 5.01. Regular elections. Time for holding and taking office. The regular municipal election shall be held on Tuesday next following the first Monday in November of each odd-numbered year, and persons elected at such election shall take office the first day of January following that election. 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 1992 Session of the General Assembly of Georgia a bill, pursuant to O.C.G.A. #21-3-64, to amend an Act establishing a charter for the City of Fayetteville, approved 1970 (Ga. L. 1970, p. 2243) as amended, to provide for the terms of Mayor and City Council; and for other purposes.
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This the 31st day of January, 1992. Mayor and Council of the City of Fayetteville, Georgia By: David P. Winkle City Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Heard, Jr., who, on oath, deposes and says that he is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News, which is the official organ of Fayette County, on the following date: February 5, 1992. /s/ Paul W. Heard, Jr. Representative, 43rd District Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. EMANUEL COUNTYBOARD OF EDUCATION; VACANCIES. No. 729 (House Bill No. 1659). AN ACT To amend an Act providing for the election of members to the Emanuel County Board of Education, approved April 12,
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1982 (Ga. L. 1982, p. 4049), as amended, so as to change the method of filling vacancies on the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the election of members to the Emanuel County Board of Education, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, is amended by striking Section 6 of said Act and inserting in lieu thereof a new Section 6 to read as follows: Section 6. (a) In the event any vacancy occurs on the Board of Education of Emanuel County, such vacancy shall be filled as follows: (1) If the vacancy occurs more than one year prior to the expiration of the term, such vacancy shall be filled at a special election to be held not less than 90 nor more than 120 days after said vacancy occurs; or (2) If the vacancy occurs less than one year prior to the expiration of the term, the remaining members of the board shall, by majority vote, select a qualified person to fill such vacancy for the remainder of the unexpired term and until a successor elected and qualified at the next general election takes office. (b) The Board of Education of Emanuel County created by this Act shall be the successor to all the rights, powers, duties, and obligations of the old Board of Education of Emanuel County and shall be subject to all constitutional and statutory provisions relating to county boards of education not in conflict with this Act. Section 2 . All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO APPLY FOR PASSAGE OF LOCAL LEGISLATION Notice is hereby given that at the regular 1992 session of the General Assembly of Georgia, an application will be made to introduce legislation relative to the election of members to the Emanuel County Board of Education; and for other purposes. This 15th day of January, 1992. Emanuel County Board of Education 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 The Blade, which is the official organ of Emanuel County, on the following date: January 29, 1992. /s/ Larry J. Parrish Representative, 109th District Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992.
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CRISP COUNTYMAGISTRATE COURT; LAW LIBRARY FEES. No. 730 (House Bill No. 1695). AN ACT To provide for the imposition, collection, and disposition of county law library fees as part of the court costs in the Magistrate Court of Crisp County; to provide for practices and procedures connected therewith; to provide for applicability of certain laws; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . For the purpose of providing funds for those uses specified in Code Section 36-15-7 of the Official Code of Georgia Annotated, there is imposed a county law library fee upon all cases in the Magistrate Court of Crisp 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 Crisp County for law library fees in the Superior Court of Crisp 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 Crisp 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that, at the request of the Judges of the Superior Courts and the Magistrate Court of Crisp County, there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide for law library fees for the Magistrate Court of Crisp County; and for other purposes. This 13th day of January, 1992. Honorable Johnny Floyd Representative, 135th District Jan. 16, 1992 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny W. Floyd, who, on oath, deposes and says that he is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch, which is the official organ of Crisp County, on the following date: January 16, 1992. /s/ Johnny Floyd Representative, 135th District Sworn to and subscribed before me, this 13th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 6, 1992.
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ECHOLS COUNTYBOARD OF COMMISSIONERS; COMPENSATION. No. 731 (House Bill No. 1699). AN ACT To amend an Act amending, revising, superseding, and consolidating the laws creating and governing the Board of Commissioners of Echols County, approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2054), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4274), so as to change the compensation of members of the Board of Commissioners of Echols 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 amending, revising, superseding, and consolidating the laws creating and governing the Board of Commissioners of Echols County, approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2054), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4274), is amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows: Section 5. Said commissioners shall pay themselves the sum of $300.00 per month each, which shall be in lieu of all salary or other compensation for their respective services. They shall pay to themselves their actual expenses incurred in performing their duties that require their presence outside the County of Echols, but not otherwise. 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 hereby given that the county commissioners law of Echols County (Ga. L. 1953, Jan.-Feb. Sess., P. 2054), as amended, is being amended at the regular 1992 Session of the General Assembly of Georgia to increase the salary of the Echols County Commission from $200.00 to $300.00 per month. Dated: This 9th day of January 1992. J. Lamar Raulerson Chairman Echols Commission GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves, who, on oath, deposes and says that he is Representative from the 147th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times, which is the official organ of Lowndes County, on the following date: January 28, 1992. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 11th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992.
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FLOYD COUNTYHOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 732 (House Bill No. 1704). AN ACT To provide a homestead exemption from Floyd County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of that homestead for certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to repeal a certain prior homestead exemption; to provide for a referendum, 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 county purposes means all ad valorem taxes for county purposes levied by, for, or on behalf of Floyd County. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., except that the exemption provided for under this Act shall only apply to the homestead residence and not more than one acre of the land included in that homestead. Section 2 . Each resident of Floyd County is granted an exemption on that person's homestead from all Floyd County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of that homestead. Section 3 . The tax commissioner of Floyd 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.
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Section 4 . Any person who, as of January 1, 1993, has applied for and is eligible for the exemption provided for in Code Section 48-5-44 of the O.C.G.A. or the homestead exemption provided pursuant to a local Act approved March 28, 1986 (Ga. L. 1986, p. 5511) shall be eligible for the exemption granted by this Act without further application. Section 5 . The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Floyd County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Section 6 . (a) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. (b) The exemption granted by this Act shall be in lieu of any other homestead exemption from Floyd County ad valorem taxes for county purposes. Section 7 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1992. Section 8 . An Act providing a $4,000.00 homestead exemption from Floyd County ad valorem taxes for certain residents of that county who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over, approved March 28, 1986 (Ga. L. 1986, p. 5511), is repealed effective at the last moment of December 31, 1992. Section 9 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Floyd County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Floyd County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 1992, and shall issue the call therefor not less than 30 nor more than
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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 Floyd County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from Floyd County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of that homestead for certain residents of that 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 8 of this Act shall become of full force and effect immediately. If Sections 1 through 8 of this Act are not so approved or if the election is not conducted as provided in this section, then 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 that election date. The expense of such election shall be borne by Floyd County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 10 . Except as otherwise specified 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide a homestead exemption from Floyd County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of that homestead for certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to repeal a certain prior homestead exemption; to provide for a referendum, effective dates, and automatic repeal; and for other purposes. This 31st day of January, 1992. E. M. Buddy Childers Honorable E. M. Childers Representative, 15th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers, who, on oath, deposes and says that he is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune, which is the official organ of Floyd County, on the following date: February 6, 1992. /s/ E. M. Childers Representative, 15th District
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Sworn to and subscribed before me, this 13th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. STEPHENS COUNTYMAGISTRATE COURT; LAW LIBRARY FEES. No. 733 (House Bill No. 1724). AN ACT To require that law library fees be charged and collected in each civil action or case filed in the Magistrate Court of Stephens County in addition to all other legal costs, and that such fees be remitted montly to the secretary-treasurer of the Board of Trustees of the Stephens County Law Library; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . In addition to all other legal costs, the sum of $3.00 shall be charged and collected as law library fees in each civil action or case filed in the Magistrate Court of Stephens County. The clerk of said court shall collect such fees and remit the same to the secretary-treasurer of the Board of Trustees of the Stephens 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 matter which is docketed upon the official docket of the Magistrate Court of Stephens County and to which a number is assigned, whether such matter is contested or not.
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Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide that law library fees be charged and collected in each civil action or case filed in the Magistrate Court of Stephens County in addition to other legal costs. This 27th day of January, 1992. Alton M. Adams Trustee, Stephens County Law Library GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who, on oath, deposes and says that she is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Toccoa Record, which is the official organ of Stephens County, on the following date: January 30, 1992. /s/ Jeanette Jamieson Representative, 11th District
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Sworn to and subscribed before me, this 13th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 6, 1992. JONES COUNTYHOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 734 (House Bill No. 1727). AN ACT To increase the amount of the homestead exemption from Jones County ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of Jones County actually occupied by the owner as a residence and homestead; to provide for a statement of authority; to provide for a definition; to provide for applicability; to provide for exceptions; to provide for practices and procedures connected with such exemption; to provide for conditions for the granting of such exemption; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . This Act is passed pursuant to Article VII, Section II, Paragraph II of the Constitution, authorizing the grant of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions. Section 2 . For purposes of this Act, the term homestead means homestead as defined and qualified in Code Section 48-5-40 of the Official Code of Georgia Annotated.
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Section 3 . (a) The homestead of each resident of Jones County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is exempted from Jones County ad valorem taxes for county purposes, except taxes levied to pay interest on and to retire bonded indebtedness of the county, subject to the limits and conditions contained in this section and elsewhere in this Act. The exemption granted by this section shall not exceed the following amounts of the assessed value of the homestead for the tax years beginning in the following dates: Tax Years Beginning Maximum Amount of Exemption January 1, 1993 $4,000.00 January 1, 1994 5,000.00 January 1, 1995 and thereafter 6,000.00 (b) The exemption granted by subsection (a) of this section shall be in lieu of and not in addition to any exemption from Jones County ad valorem taxes for county purposes which is lower in amount for any taxable year and which is granted by the provisions of the Constitution and laws of this state. If the amount of any other exemption applicable to any resident is greater than or is increased to an amount greater than the amount of the exemption granted by subsection (a) of this section, then such exemption shall apply rather than the exemption granted by subsection (a) of this section. (c) The exemption granted by subsection (a) of this section shall not apply to or affect any taxes levied to pay interest on or retire bonded indebtedness, state taxes, municipal taxes, or taxes levied on behalf of the Board of Education of Jones County. (d) The value of any homestead in excess of the amount exempted by subsection (a) of this section shall remain subject to taxation. Section 4 . Any person who as of January 1, 1993, has applied for and is eligible for the $2,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state shall be eligible for the
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exemption granted by Section 3 of this Act without applying therefor. Thereafter, the exemption granted by Section 3 of this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the Official Code of Georgia Annotated. It shall be the duty of any person to notify the tax commissioner in the event such person becomes ineligible for the exemption granted by this Act. Section 5 . The exemptions granted by Section 3 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 6 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Jones County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Jones County for approval or rejection. The election superintendent shall conduct the referendum election on the date of the July, 1992, general primaries and shall issue the call therefor not less than 30 nor more than 60 days prior to the date of such referendum election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Jones 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 Jones County ad valorem taxes? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, and the conditions imposed by Section 5 of this Act are met, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, or if the conditions imposed by Section 5 of this Act are not met, the remaining sections of this Act shall not become effective and
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this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Jones County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 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 1992 session of the General Assembly of Georgia a bill to provide for an increase in the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Jones County; and for other purposes. This 8th day of February, 1992. Kenneth Birdsong 104th Curtis Jenkins 80th GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jones County News, which is the official organ of Jones County, on the following date: February 13, 1992. /s/ Kenneth W. Birdsong Representative, 104th District
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Sworn to and subscribed before me, this 17th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. TOWN OF CLERMONTMAYOR AND COUNCIL; TERMS; ELECTIONS. No. 735 (House Bill No. 1728). AN ACT To amend an Act incorporating the Town of Clermont in the County of Hall, approved August 11, 1913 (Ga. L. 1913, p. 674), as amended, particularly by an Act approved April 12, 1968 (Ga. L. 1968, p. 3693), so as to provide terms for the mayor and councilmen; to provide for elections; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act incorporating the Town of Clermont in the County of Hall, approved August 11, 1913 (Ga. L. 1913, p. 674), as amended, particularly by an Act approved April 12, 1968 (Ga. L. 1968, p. 3693), is amended by striking in its entirety Section 4 and inserting in lieu thereof the following: Section 4. Except as otherwise provided in this section, the mayor and councilmen shall serve terms of four years and until their successors are duly elected and qualified. The mayor and two councilmen receiving the highest and next highest vote total at the general municipal election held on the first Wednesday in December, 1992, shall take office at
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the first organizational meeting in January, 1993, and serve until December 31, 1997, and until their successors are duly elected and qualified. The remaining three councilmen elected at such election shall take office at the first organizational meeting in January, 1993, and serve until December 31, 1995, and until their successors are duly elected and qualified. Thereafter, the mayor and councilmen shall be elected at general municipal elections held on the Tuesday next following the first Monday in November immediately preceding expiration of their terms. Except as provided in this section, all elections shall be conducted as provided by general law. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE IS given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Clermont, approved August 11, 1913 (Ga. L. 1913, p. 674), as amended, particularly by an Act approved April 9, 1963 (Ga. L. 1963, p. 3232), so as to change certain provisions relative to the election and terms of office of the Mayor and members of the Town Council; to stagger the terms of office of the Mayor and members of the Town Council, and for other purposes. THIS 28th day of January, 1992. JULIUS M. HULSEY, City Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wyc Orr, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times, which is the official
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organ of Hall County, on the following date: January 28, 1992. /s/ Wyc Orr Representative, 9th District Sworn to and subscribed before me, this 12th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. JONES COUNTYBOARD OF COMMISSIONERS; COMPENSATION; EXPENSES. No. 736 (House Bill No. 1744). AN ACT To amend an Act creating the Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, so as to change the compensation of the chairman and other members of the board of commissioners; to change the provisions relating to travel 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 . An Act creating the Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, is amended by striking Section 8 of said Act and inserting in lieu thereof a new Section 8 to read as follows:
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Section 8. The chairman of the board shall receive as compensation the sum of $550.00 per month, and the remaining members of the board shall receive as compensation the sum of $450.00 per month. Said members when traveling outside the county on county business shall also receive travel expenses, computed at 21 per mile traveled and actual expenses for lodging and meals upon submitting an itemized, verified account to the board and upon approval by a majority of the members of the board. In addition, each member of the board, including the chairman, shall receive a monthly expense allowance of $150.00. All of such amounts shall be paid from funds of Jones County. Section 2 . This Act shall become effective on January 1, 1993. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162) as amended; and for other purposes. This 8th day of February, 1992. Kenneth Birdsong 104th Curtis S. Jenkins 80th GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jones County News, which is the official organ of Jones County, on the following date: February 13, 1992.
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/s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 17th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. CITY OF ACWORTHMUNICIPAL COURT; PROBATION OFFICE. No. 737 (House Bill No. 1768). AN ACT To amend an Act reincorporating and providing a new charter for the City of Acworth in Cobb County, Georgia, approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, so as to provide that the municipal court shall be authorized to create a probation office under the supervision of the chief judge of said court; to provide for a monthly fee; 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 in Cobb County, Georgia, approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, is amended by adding at the end of Section 4.13 a new subsection (k) to read as follows: (k) The municipal court shall have the authority to create a probation office which shall be under the supervision
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of the judge of the municipal court. The probation office shall have the duty of supervising persons convicted in the municipal court when so directed by the judge of the municipal court. The probation office shall have such other duties as may be given to it by the judge of the municipal court or by ordinance. All matters relating to the operation of the probation office shall be as directed by ordinance. The probation office may collect a monthly probation fee from any individual on probation as is set by the judge of the municipal court not to exceed $10.00. Section 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 1992 session of the General Assembly of Georgia a bill to amend an Act reincorporating and providing a new charter for the City of Acworth in Cobb County, Georgia, approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, so as to provide for the creation of a probation office under the supervision of the chief judge of the municipal court; and for other purposes. This 12th day of February, 1992. 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 14, 1992. /s/ Eugene T. Clark Representative, 20th District
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Sworn to and subscribed before me, this 18th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. OCONEE COUNTYCOUNTY SURVEYOR; ELECTED OFFICE ABOLISHED. No. 738 (House Bill No. 1746). AN ACT To abolish the office of elected county surveyor of Oconee County; to provide for the appointment of a county surveyor by the governing authority of the county; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) Pursuant to the authority of Code Section 36-7-2.1 of the Official Code of Georgia Annotated, the office of elected county surveyor of Oconee County is abolished. The governing authority of Oconee County shall appoint a qualified person to hold the office of county surveyor for a term of one year from the date of appointment. Successors shall also be appointed for terms of one year. Any person appointed county surveyor shall possess the qualifications specified by paragraph (1) of subsection (b) of Code Section 36-7-2 of the Official Code of Georgia Annotated. (b) Subsection (a) of this section shall be effective to abolish the office of elected county surveyor of Oconee County
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only if on the date this Act becomes effective the office of county surveyor of Oconee County 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 1992 session of the General Assembly of Georgia a bill to abolish the elected office of County surveyor in Oconee County and to establish the term of office of an appointed surveyor pursuant to O.C.G.A. Section 36-7-2.1; to provide an effective date; to repeal conflicting laws; and for other purposes. This 11th day of February, 1992. PAUL C. BROUN Senator District 46 FRANK E. STANCIL Representative District 66 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank E. Stancil, who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oconee Enterprise, which is the official organ of Oconee County, on the following date: February 13, 1992. /s/ Frank E. Stancil Representative, 66th District
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Sworn to and subscribed before me, this 17th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. WALKER COUNTYPROBATE COURT; PERSONNEL. No. 739 (House Bill No. 1770). 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 April 4, 1991 (Ga. L. 1991, p. 4430), so as to change the provisions relating to 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 April 4, 1991 (Ga. L. 1991, p. 4430), 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,
Page 5402
clerks, assistants, or other personnel appointed by said officer shall not exceed the total sum budgeted or made available for such purpose by the governing authority of Walker County. 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 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, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4430); and for other purposes. This 31st day of January, 1992. MICHAEL M. SNOW GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger, which is the official organ of Walker County, on the following date: February 12, 1992. /s/ Michael M. Snow Representative, 1st District
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Sworn to and subscribed before me, this 14th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. WALKER COUNTYSUPERIOR COURT; CLERK; PERSONNEL. No. 740 (House Bill No. 1771). 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 April 4, 1991 (Ga. L. 1991, p. 4434), so as to change the provisions relating to 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 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 April 4, 1991 (Ga. L. 1991, p. 4434), is amended by striking subsection (a) of Section 4 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The above-named officer shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said clerk shall have the authority to set the salary of his deputies, clerks, assistants, and other personnel. The combined
Page 5404
salaries of said deputies, clerks, assistants, and other personnel appointed by said officer shall not exceed the total sum budgeted or made available for such purpose by the governing authority of Walker County. 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 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, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4434); and for other purposes. This 31st day of January, 1992. MICHAEL M. SNOW GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger, which is the official organ of Walker County, on the following date: February 12, 1992. /s/ Michael M. Snow Representative, 1st District
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Sworn to and subscribed before me, this 14th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. WALKER COUNTYTAX COMMISSIONER; PERSONNEL. No. 741 (House Bill No. 1773). AN ACT To amend an Act creating the office of tax commissioner of Walker County, approved January 27, 1964 (Ga. L. 1964, p. 2018), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4432), so as to change the provisions relating to 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 April 4, 1991 (Ga. L. 1991, p. 4432), is amended by striking subsection (a) of Section 5 in its entirety and inserting 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.
Page 5406
The combined salaries of said deputies, clerks, assistants, or other personnel appointed by said official shall not exceed the total sum budgeted or made available for such purpose by the governing authority of Walker County. 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. 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating the office of tax commissioner of Walker County, approved January 27, 1964 (Ga. L. 1964, p. 2018), as amended; particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4432); and for other purposes. This 31st day of January, 1992. HONORABLE MICHAEL SNOW REPRESENTATIVE, 1ST DISTRICT GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County
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Messenger, which is the official organ of Walker County, on the following date: February 12, 1992. /s/ Michael M. Snow Representative, 1st District Sworn to and subscribed before me, this 14th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. TAYLOR COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; COMPENSATION; JUDGE OF THE PROBATE COURT. No. 742 (House Bill No. 1799). AN ACT To amend an Act providing that the judge of the Probate Court of Taylor County shall serve as chief magistrate of the Magistrate Court of Taylor County, approved March 19, 1987 (Ga. L. 1987, p. 3991), so as to change the compensation of the chief magistrate; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing that the judge of the Probate Court of Taylor County shall serve as chief magistrate of the Magistrate Court of Taylor County, approved March 19, 1987 (Ga. L. 1987, p. 3991), is amended by striking subsection
Page 5408
(b) of Section 2 and inserting in lieu thereof a new subsection (b) to read as follows: (b) The probate judge, for his services as chief magistrate, shall be compensated in the amount of $4,800.00 per year by the governing authority of Taylor County, payable from the funds of the county. The governing authority may supplement the compensation of the chief magistrate, but no such supplement shall be decreased during a term of office. Section 2 . All laws and parts of laws in conflict with this Act are repealed. THE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be a bill introduced in the 1992 session of the Georgia General Assembly to change the compensation of the Chief Magistrate Judge and for the other purposes. The compensation will change from $3,950 to $4,800 annually. The Taylor County Board of Commissioners, at the regular meeting held December 3, 1991, voted to request this bill be introduced with an effective date of 7-1-92. 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: January 30, 1992. /s/ Ward Edwards Representative, 112th District
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Sworn to and subscribed before me, this 19th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. CLAYTON JUDICIAL CIRCUITDISTRICT ATTORNEY; SALARY SUPPLEMENT. No. 743 (Senate Bill No. 663). AN ACT To amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4037), so as to change the amount of said supplement; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4037), is amended by striking from Section 1 the following: $12,000.00, and inserting in lieu thereof the following:
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$15,000.00, so that when so amended Section 1 shall read as follows: Section 1. In addition to the salary payable from state funds, the district attorney of the Clayton Judicial Circuit shall receive a county supplement of $15,000.00 per annum payable in equal monthly installments out of the funds of Clayton County. The governing authority of Clayton County is authorized and directed to pay to the district attorney the additional compensation provided for herein. Section 2 . This Act shall become effective on July 1, 1992. Section 3 . All laws and parts of laws in conflict with this Act are repealed. MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill amend an Act providing for a county supplement to the state salary of the district attorney for the Clayton Judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4037); and for other purposes. This 4th day of Feb., 1992. Honorable Terrell A. Starr Senator, 44th District 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
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which is the official organ of Clayton County, on the following date: February 6, 1992. /s/ Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 6, 1992. CHATHAM COUNTYBOARD OF COMMISSIONERS; COUNTY EMPLOYEES; CITATIONS FOR VIOLATIONS OF CODES, ORDINANCES, REGULATIONS, RULES, OR ORDERS. No. 745 (Senate Bill No. 708). AN ACT To amend an Act revising the laws relative to the governing authority of Chatham County, approved March 24, 1984 (Ga. L. 1984, p. 5050), as amended, so as to provide that the board of commissioners may authorize county employees to issue citations for violations of county codes, ordinances, regulations, rules, or other orders; to provide for the effect of failure to respond to citations; 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 revising the laws relative to the governing authority of Chatham County, approved March 24, 1984 (Ga. L. 1984, p. 5050), as amended, is amended by striking Section
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26 and inserting in lieu thereof a new Section 26 to read as follows: Section 26. Penalties. (a) The board of commissioners is authorized to adopt ordinances prescribing penalties and punishment for violation of any and all ordinances or resolutions adopted by the board to carry out any of the provisions of this Act or of any other law and to prescribe maximum penalties and punishment for violation of same, except that the same shall in no event exceed a fine of $500.00, imprisonment in the county jail for 30 days, or labor on the work gang for 60 days for any single offense, or any combination thereof. (b) The board of commissioners may authorize any employee of the county to enforce any county code, ordinance, regulation, rule, or other order, including such related ordinances, codes, and regulations as drainage regulations, soil erosion and sedimentation control regulations, subdivision and zoning regulations, water and sewer regulations, and any other land development or construction regulations of the county. Such employee may be authorized to issue citations to any person who shall violate any such county code, ordinance, regulation, or order which is in effect in the county. Such citation shall command the appearance of such person at a designated regular session of the Magistrate Court of Chatham County. At such time and place, the magistrate court shall act as a court of inquiry with all the powers and authorities specified in Article 2 of Chapter 7 of Title 17 of the O.C.G.A. In the event that any such person shall fail to appear in response to a citation, a warrant shall be issued for the arrest of the person for violation of such county code, ordinance, regulation, rule, or order without the necessity of any further action. Section 2 . All laws and parts of laws in conflict with this Act are repealed. State of Georgia County of Chatham
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia, a bill to amend an Act completely revising the Laws relative to the governing authority of Chatham County, approved March 24, 1984 (Ga. L. 1984, p. 5050), as amended, so as to authorize the governing authority of Chatham County to issue citations for violations of County codes and ordinances; and for other purposes. Robert L. McCorkle, Chairman Chatham County Commission GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Tom Coleman, Jr., who, on oath, deposes and says that he is Senator from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County, on the following date: February 6, 1992. /s/ J. Tom Coleman, Jr. Senator, 1st District Sworn to and subscribed before me, this 12th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 6, 1992.
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HALL COUNTYSTATE COURT; ASSOCIATE JUDGE. No. 746 (Senate Bill No. 726). AN ACT To amend an Act creating the State Court of Hall County, approved August 14, 1891 (Ga. L. 1890-91, Vol. II, p. 939), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3773), so as to provide for the appointment and compensation of an associate state court judge; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of Hall County, approved August 14, 1891 (Ga. L. 1890-91, Vol. II, p. 939), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3773), is amended by adding a new Section 2B to read as follows: Section 2B. The state court judge may appoint one person to serve at the pleasure of the judge as an associate state court judge on a part-time basis. An associate state court judge shall be a member of the State Bar of Georgia and meet the requirements for a full-time state court judge. The compensation of the associate state court judge shall be fixed by the state court judge with the approval of the governing authority of the county and shall be set at no greater than 50 percent of the full-time state court judge's salary. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE IS given that there will be introduced at the regular session of the 1992 General Assembly of Georgia a bill to amend an Act creating the State Court of Hall County, approved
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August 14, 1891 (Ga. L. 1890-91, Vol. II, p. 939, as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3773), so as to provide for the appointment and compensation of an associate state court judge; to provide for related matters; to repeal conflicting laws; and for other purposes. THIS 3rd day of February, 1992. HALL COUNTY BOARD OF COMMISSIONERS By: CURTIS SEGARS GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Nathan Deal, who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times, which is the official organ of Hall County, on the following date: February 7, 1992. /s/ J. Nathan Deal Senator, 49th District Sworn to and subscribed before me, this 19th day of February, 1992. /s/ Susan Bowers Notary Public Approved April 6, 1992.
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COBB COUNTYCIVIL SERVICE SYSTEM; BOARD MEMBERS; TERMS; EXPIRATION DATES. No. 747 (Senate Bill No. 709). AN ACT To amend an Act to authorize the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, approved March 10, 1964 (Ga. L. 1964, p. 2502), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3869), so as to change the dates of expiration of the terms of office of board members; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act to authorize the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, approved March 10, 1964 (Ga. L. 1964, p. 2502), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3869), is amended by striking subsections (c) and (d) of Section 3 of said Act and inserting in lieu thereof the following: (c) The expiration of the term of office and of the term of the person currently holding post number 1 is extended from April 1, 1995, to April 1, 1996; the expiration of the term of office and of the term of the person currently holding post number 5 is April 1, 1993. Upon said expiration, the terms of office for post numbers 1 and 5 shall thereafter be for four years, beginning April 1 of the year of expiration of the preceding term of office for each post. Post numbers 1 and 5 shall be filled by secret ballot election by all the employees of Cobb County who are at that time under the Cobb County Civil Service System. Any person desiring to appear as a candidate on the ballot for such election shall announce his candidacy in writing to the chairman of the Board of Commissioners of Cobb County by February 1 preceding the date of expiration of the term of office of the post subject to
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election. The chairman of the Board of Commissioners of Cobb County shall cause notice of such candidacy to be given to all department heads, who shall post such notice in a conspicuous place for examination by all department employees. The election shall be administered by the chairman of the Board of Commissioners of Cobb County or his designee. The ballot shall provide voters the choice to reject the entire slate of candidates appearing on the ballot. A voter may vote affirmatively in favor of an individual or he may reject the entire slate, but he may not do both. If no person receives the majority of votes cast, then a run-off election between the two top candidates shall be held two weeks from the date of the first election. The candidate receiving the majority of votes cast in the run-off election shall be the new member of the board. Notice of the time, date, and place of the run-off election, together with the names of the candidates, shall be given in the manner provided in this subsection. (d) Prior to March 1, 1989, persons were to be appointed by the board of commissioners to hold post number 3 through February, 1993, and to hold post number 4 through April, 1990. The expiration of the term of office and of the term of the person appointed by the Board of Commissioners of Cobb County under prior law to fill post number 3 is extended from April 1, 1993, to April 1, 1994; the expiration of the term of office and of the term of the person appointed to fill post number 4 is April 1, 1995. Upon said expiration, the terms of office for post numbers 3 and 4 shall thereafter be for four years beginning April 1 of the year of expiration of the preceding term of office for each post. The governing authority shall appoint the persons to hold post numbers 3 and 4 for the terms of office set forth in this subsection. 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 1992 session of the General Assembly of Georgia a bill to amend an Act relating to the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, approved March 10, 1964 (Ga. L. 1964, p. 2502), as amended; and for other purposes. This 16th day of January, 1992. Jack Vaughan Delegation Secretary Honorable Fred Aiken Representative, 21st District Honorable Bill Atkins Representative, 21st District Honorable Eugene T. Clark Representative, 20th District Honorable Tom Cauthorn Representative, 20th District Honorable Lynda Coker Representative, 21st District Honorable John W. Hammond Representative, 20th District Honorable Kip Klein Representative, 21st District Honorable Debra A. Mills Representative, 20th District Honorable Jack Vaughan Representative, 20th District Honorable Tom Wilder Representative, 21st District Honorable Charles C. Clay Senator, 37th District Honorable Sallie Newbill Senator, 56th District Honorable Hugh A. Ragan Senator, 32nd District Honorable Steve Thompson Senator, 33rd District
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh A. Ragan, who, on oath, deposes and says that he is Senator from the 32nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 17, 1992. /s/ Hugh A. Ragan Senator, 32nd District Sworn to and subscribed before me, this 12th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 6, 1992. CHARLTON COUNTYBOARD OF EDUCATION; DISTRICTS. No. 748 (House Bill No. 2170). AN ACT To amend an Act providing for the election of the members of the Board of Education of Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3691), so as to change provisions relating to education districts; to provide for definitions and insertions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to provide for related matters; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the election of the members of the Board of Education of Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3691), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) For the purpose of electing members of the board of education, Charlton County shall be divided into five education districts as follows: Education District: 1 CHARLTON COUNTY VTD: 0001 1 VTD: 0002 2 (Part) Tract: 9901. Block(s): 413A, 414, 415, 428, 429, 438, 439, 440, 441, 445, 449, 455 Education District: 2 CHARLTON COUNTY VTD: 0002 2 (Part) Tract: 9901. Block(s): 287A, 287B, 287E, 306A, 307A, 308, 314, 341, 353, 354, 356, 357, 358A, 358B, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369A, 369B, 370, 371A, 371B, 372, 373, 374, 375, 376A, 377, 378, 379, 380A, 381A, 382A, 383, 386, 388, 389, 390, 391, 393A, 394A, 421, 422, 423, 432, 433, 434, 435, 442, 443, 444, 446, 447, 448, 450, 451, 452, 453, 457, 458, 459, 460, 461, 462, 463, 464, 465A, 466, 467, 468, 469A, 471A, 472 VTD: 0004 4 (Part) Tract: 9901. Block(s): 287C, 287D, 287F, 376B, 376D VTD: 0005 5 (Part)
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Tract: 9901. Block(s): 345, 346, 347, 349, 350, 351, 352, 355, 387 Education District: 3 CHARLTON COUNTY VTD: 0003 3 (Part) Tract: 9902. Block(s): That part of Block 135 which lies south of Traders Hill Road Block(s): 136, 137, 142, 143, 144, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 Education District: 4 CHARLTON COUNTY VTD: 0002 2 (Part) Tract: 9901. Block(s): 222A, 222D, 306C, 376C VTD: 0003 3 (Part) Tract: 9901. Block(s): 380B, 381B, 382B, 384, 385, 392, 393B, 394B, 395, 396, 397, 465B, 479, 480, 481 Tract: 9902. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 113, 114, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134 Block(s): That part of Block 135 which lies north of
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Traders Hill Road Block(s): 138, 139, 140, 141, 145 VTD: 0004 4 (Part) Tract: 9901. Block(s): 172, 173, 180B, 180C, 181B, 181C, 182B, 222B, 222C, 222E, 223A, 223B, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 283, 284, 285, 286, 288, 303A, 303B, 304, 305B, 305C, 306B, 306D, 307B, 311B, 311C, 376E Tract: 9902. Block(s): 101, 110, 111, 112, 115, 116 VTD: 0005 5 (Part) Tract: 9901. Block(s): 152C Education District: 5 CHARLTON COUNTY VTD: 0002 2 (Part) Tract: 9901. Block(s): 335, 339, 340 VTD: 0005 5 (Part) Tract: 9901. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 152D, 152E, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 174, 175, 176, 177, 178, 179, 180A, 181A, 182A, 183, 184, 185, 187, 196A, 196B, 196C, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 278, 279, 280, 281, 282, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302, 305A, 309, 310, 311A, 312, 313, 315, 316,
Page 5423
323, 324, 325, 326, 336, 337, 338, 348, 401, 402, 403, 404, 405, 406, 407, 410, 411, 412, 482, 483 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Charlton County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Charlton County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
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Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Charlton County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an Act providing for the election of members of the Board of Education of Charlton County, approved April 17, 1975 (Ga. L. 1975, P. 3952), as amended, to provide for districts from which members of the board of education are elected; and for other purposes. This 16th day of March, 1992. Honorable Harry D. Dixon Representative, 151st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Charlton County Herald, which is the official organ of Charlton County, on the following date: March 18, 1992. /s/ Harry D. Dixon Representative, 151st District
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Sworn to and subscribed before me, this 18th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. JOHNSON COUNTYBOARD OF EDUCATION; COMPENSATION. No. 749 (House Bill No. 1944). AN ACT To fix the compensation of the members of the Board of Education of Johnson County; 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 Johnson County shall receive a per diem of $100.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the county school superintendent. Section 2 . All laws and parts of laws in conflict with this Act are repealed.
Page 5426
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide for compensation of the members of the Board of Education of Johnson County; and for other purposes. This 17 day of February, 1992. Honorable Jimmy Lord Representative, 107th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord, who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wrightsville Headlight, which is the official organ of Johnson County, on the following date: February 20, 1992. /s/ Jimmy Lord Representative, 107th District Sworn to and subscribed before me, this 27th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992.
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EAST POINT BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITYMEMBERSHIP. No. 750 (House Bill No. 1936). AN ACT To amend an Act to create the East Point Business and Industrial Development Authority, approved March 26, 1980 (Ga. L. 1980, p. 4080), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4435), and an Act approved March 25, 1986 (Ga. L. 1986, p. 4464), so as to change the composition and appointment of membership on the 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 to create the East Point Business and Industrial Development Authority, approved March 26, 1980 (Ga. L. 1980, p. 4080), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4435), and an Act approved March 25, 1986 (Ga. L. 1986, p. 4464), is amended by striking Section 2 in its entirety and inserting in lieu thereof the following: Section 2. (a) Membership. The authority shall consist of nine members, one of whom shall be the Mayor of the City of East Point, Georgia, or his designated nominee. (b) Qualifications. All persons who have resided within the limits of the City of East Point for at least six months shall be eligible for nomination and appointment to membership on the authority. (c) Composition and appointment. The remaining eight positions for membership on the authority shall be filled by members of the city council with each member of the city council being entitled to appoint in open meeting one person to the authority. Upon the enactment of this Act, the existing members shall continue to serve for the terms for
Page 5428
which they were appointed; provided, however, that the initial two new appointments shall be appointed for terms to expire December 31, 1995. Thereafter, upon completion of a term of appointment, each successor shall be appointed for a four-year term and until their successors have been selected and appointed. Any member of the authority may be selected and appointed to succeed himself. All appointments shall be for a term commencing on January 1 and ending December 31. The members of the authority shall enter upon their duties immediately after such appointment. The authority shall elect one of its members to serve as vice chairman who shall be elected for a term of one year or until his successor is elected and qualified and annually thereafter the authority shall elect one of its members in the same manner for a one-year term. The authority shall also select a secretary-treasurer which secretary-treasurer need not necessarily be a member of the authority and, if not a member, he or she shall have no voting rights and said secretary-treasurer shall be selected to serve at the pleasure of the authority. No member of the authority shall hold more than one office except that of secretary-treasurer. Five members of the authority shall constitute a quorum. A majority of the members shall be empowered to exercise the rights and perform all the duties of the authority and no vacancies on the authority shall impair the right of the quorum to act. In the event of a vacancy on the authority through death, resignation, or otherwise, the same shall be filled for the unexpired term of the member ceasing to be a member of such authority for any reason by the mayor or that member of council who was entitled to originally make such appointment. The authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event that the number of members of the authority, the qualifications of the membership, or the manner in which the members of the authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly of Georgia. (d) Compensation. Each member of the authority shall be compensated by the city at the rate of $50.00 per month; provided, however, that the member must attend at least one meeting per month to receive such compensation.
Page 5429
Section 2 . This Act shall become effective upon its approval by the Governor. The provisions of Section 1 of this Act shall in no manner affect existing contracts and obligations. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that the City of East Point, Georgia, intends to apply for the passage of local legislation in the 1992 Regular Session of the General Assembly of Georgia, which convenes in January, 1992. The title of the Bill to be introduced shall be as follows: An Act to amend an Act establishing the East Point Business and Industrial Development Authority, established by that Resolution for an Amendment of the Constitution of the State of Georgia (Ga. L. 1985, p. 1807) ratified at the 1976 General Election, and the Several Acts amendatory thereof including that Act approved March 26, 1980 (Ga. L. 1980, p. 4080) and as more particularly amended by that Act approved April 12, 1982 (Ga. L. 1982, p. 4435); and further amended by that Act approved March 25, 1986 (Ga. L. 1986, p. 4464); and for other purposes. This 7th day of February, 1992. By Frank E. Coggin, as Attorney for the City of East Point, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dick Lane, who, on oath, deposes and says that he is Representative from the 27th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: February 19, 1992.
Page 5430
/s/ Dick Lane Representative, 27th District Sworn to and subscribed before me, this 27th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. EAST POINT BUILDING AUTHORITYMEMBERSHIP. No. 751 (House Bill No. 1935). AN ACT To amend an Act to create and establish the East Point Building Authority, approved March 18, 1983 (Ga. L. 1983, p. 4302), so as to change the composition and appointment of membership on the 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 to create and establish the East Point Building Authority, approved March 18, 1983 (Ga. L. 1983, p. 4302), is amended by striking Section 2 in its entirety and inserting in lieu thereof the following: Section 2. (a) Membership. The authority shall consist of nine members, one of whom shall be the Mayor of the City of East Point, Georgia, or his designated nominee. (b) Qualifications. All persons who have resided within the limits of the City of East Point for at least six months
Page 5431
shall be eligible for nomination and appointment to membership on the authority. (c) Composition and appointment. The remaining eight positions for membership on the authority shall be filled by members of the city council with each member of the city council being entitled to appoint in open meeting one person to the authority. Upon the enactment of this Act, the existing members shall continue to serve for the terms for which they were appointed; provided, however, that the initial two new appointments shall be appointed for terms to expire December 31, 1995. Thereafter, upon completion of a term of appointment, each successor shall be appointed for a four-year term and until their successors have been selected and appointed. Any member of the authority may be selected and appointed to succeed himself. All appointments shall be for a term commencing on January 1 and ending December 31. The members of the authority shall enter upon their duties immediately after such appointment. The authority shall elect one of its members to serve as vice chairman who shall be elected for a term of one year or until his successor is elected and qualified and annually thereafter the authority shall elect one of its members in the same manner for a one-year term. The authority shall also select a secretary-treasurer which secretary-treasurer need not necessarily be a member of the authority and, if not a member, he or she shall have no voting rights and said secretary-treasurer shall be selected to serve at the pleasure of the authority. No member of the authority shall hold more than one office except that of secretary-treasurer. Five members of the authority shall constitute a quorum. A majority of the members shall be empowered to exercise the rights and perform all the duties of the authority and no vacancies on the authority shall impair the right of the quorum to act. In the event of a vacancy on the authority through death, resignation, or otherwise, the same shall be filled for the unexpired term of the member ceasing to be a member of such authority for any reason by the mayor or that member of council who was entitled to originally make such appointment. The authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event that the number of members of the authority, the qualifications of the membership,
Page 5432
or the manner in which the members of the authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly of Georgia. (d) Compensation. Each member of the authority shall be compensated by the city at the rate of $50.00 per month; provided, however, that the member must attend at least one meeting per month to receive such compensation. Section 2 . This Act shall become effective upon its approval by the Governor. The provisions of Section 1 of this Act shall in no manner affect existing contracts and obligations. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that the City of East Point, Georgia, intends to apply for the passage of local legislation in the 1992 Regular Session of the General Assembly of Georgia, which convenes in January, 1992. The title of the Bill to be introduced shall be as follows: An Act to amend an Act establishing the East Point Building Authority, established by that certain Resolution of the City of East Point, Georgia for that Act approved March 18, 1983, (Ga. L. 1983, p. 4302); and for other purposes. This 7th day of February, 1992. By Frank E. Coggin, as Attorney for the City of East Point, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dick Lane, who, on oath, deposes and says that he is Representative from the 27th
Page 5433
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 19, 1992. /s/ Dick Lane Representative, 27th District Sworn to and subscribed before me, this 27th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. ROME-FLOYD COUNTY COMMISSION ON CHILDREN AND YOUTHMEMBERSHIP. No. 752 (House Bill No. 1928). 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), as amended by an Act approved April 4, 1991 (Ga. L. 1991, p. 3737), so as to provide for changes in the membership of such commission; 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), as amended by an Act approved April 4, 1991 (Ga. L. 1991, p. 3737), is amended by striking paragraphs
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(9) and (12) of subsection (a) of Section 1 and inserting in lieu thereof new paragraphs (9) and (12) to read as follows: (9) The district medical director, District 1, Unit 1 of the Department of Human Resources, the juvenile court judge of Floyd County, the director of Family and Children Services, and the director of the City of Rome Housing Authority or their designees; (12) One representative each from the Rome City school system and the Floyd County school system, to be named by the respective school superintendents. Section 2 . Said Act is further amended by redesignating Sections 7 and 8 as Sections 8 and 9, respectively, and by adding a new Section 7 to read as follows: Section 7. The local legislative delegation of the General Assembly shall be authorized to add or delete any member of the Rome-Floyd County Commission on Children and Youth upon the request of the chairman of said commission. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 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), as amended, by an Act approved April 4, 1991 (Ga. L. 1991, p. 3737); and for other purposes.
Page 5435
This 14th day of February, 1992. Honorable Paul E. Smith Representative, 16th District Honorable E. M. Buddy Childers Representative, 15th District Honorable Forrest L. McKelvey Representative, 15th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers, who, on oath, deposes and says that he is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune, which is the official organ of Floyd County, on the following date: February 16, 1992. /s/ E. M. Childers Representative, 15th District Sworn to and subscribed before me, this 20th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992.
Page 5436
DOUGLAS COUNTYBOARD OF EDUCATION; DISTRICTS. No. 753 (House Bill No. 1921). AN ACT To amend an Act providing for election districts for election to the board of education of Douglas County, approved April 13, 1982 (Ga. L. 1982, p. 4786), so as to change the composition of the education districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for election districts for election to the board of education of Douglas County, approved April 13, 1982 (Ga. L. 1982, p. 4786), is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows: Section 1. (a) For the purpose of electing members of the board of education of Douglas County, the Douglas County School District is divided into five education districts as follows: Education District: 1 DOUGLAS COUNTY VTD: 0001 DOUGLASVILLE (Part) Tract: 0803. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344A, 344B, 345, 346, 347, 348, 349, 350, 514, 515, 517, 518, 519A, 519B, 519C,
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520, 521, 522, 523, 524, 525, 526, 527A, 527B, 529, 530, 531, 532, 534, 535, 536, 537A, 537B, 540, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 625, 701A, 701B, 707A, 707B, 707C Tract: 0805.03 Block(s): 701 Tract: 0806.01 Block(s): 101A, 101B, 101C, 101D, 101E, 103A, 103B, 103C, 104A, 104B, 105, 106, 107, 108, 109A, 109B, 110, 304A, 304B, 304C, 304D, 305A, 305B, 305C, 305D, 305E, 306G, 305H, 305J, 306, 310A, 310B, 310C, 311A, 311B, 311C, 312, 313A, 313B, 314, 315A, 315B, 315C, 316, 317, 318A, 318B, 318C, 318D VTD: 0003 STEWART (Part) Tract: 0803. Block(s): 102A, 102B, 102C, 103A, 103B, 103C, 201, 202A, 202B, 202C, 203, 204, 205A, 205B, 206, 207A, 207B, 208, 209, 210, 211, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 404A, 404B, 404C, 405A, 405B, 405C, 411, 412 Tract: 0807.98 Block(s): 216B, 217B, 218B, 219, 220, 221C, 222C, 413B, 413C, 414C, 415, 416, 417, 418, 419, 425 VTD: 0007 MOUNT CARMEL (Part) Tract: 0802. Block(s): 504, 505, 506, 507, 508, 509, 510 Tract: 0806.01 Block(s): 102A, 102B, 204, 205, 301, 302A, 302B, 303, 305F, 305K, 307, 308, 309 Education District: 2 DOUGLAS COUNTY VTD: 0002 BEULAH (Part) Tract: 0802. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 202, 203, 210, 211, 212, 214,
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215, 216, 220, 225, 226, 227, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417 Tract: 0803. Block(s): 101, 110, 401A, 401B, 402A, 402B, 403, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 516A, 516B, 528, 547 Tract: 0807.98 Block(s): 212B VTD: 0012 TURNER-LITHIA SPRINGS (Part) Tract: 0802. Block(s): 101, 201, 204, 205, 206, 207, 208, 209, 213, 217, 218, 219, 221, 222, 223, 224, 228, 301, 302, 303, 304, 305, 306, 307, 308, 310, 312, 313, 314, 315, 316, 319, 320, 321, 322, 324, 326, 327, 328, 331, 332, 333, 334, 335, 336, 337, 339, 340, 342, 343, 344, 345, 401, 402, 403B VTD: 0013 COMMERCIAL BANK (Part) Tract: 0801.98 Block(s): 101A, 101B, 102, 103, 104, 105A, 105B, 106, 107A, 107B, 108, 109A, 109B, 110, 111, 112, 113A, 113B, 114, 115, 116, 123, 124, 125, 126, 128, 129, 130, 131, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210A, 210B, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 320, 321 Tract: 0807.97 Block(s): 418C VTD: 0014 LEE ROAD-LITHIA HIGH (Part) Tract: 0801.98 Block(s): 401, 402, 403, 404, 405, 408, 409, 410, 411, 412, 415, 501, 502, 505, 506, 507 Education District: 3 DOUGLAS COUNTY VTD: 0006 CHAPEL HILL (Part) Tract: 0805.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 801 Tract: 0805.04
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Block(s): 301, 302, 303, 304, 305, 323, 324, 325, 326, 327, 328, 329, 330, 331, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412 VTD: 0007 MOUNT CARMEL (Part) Tract: 0802. Block(s): 517, 518, 519 Tract: 0806.01 Block(s): 201, 202, 203, 206, 207, 208, 209, 210, 211, 212, 213, 214, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501, 502, 503, 504, 601, 602, 603, 604 Tract: 0806.02 Block(s): 102, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 401, 402 VTD: 0014 LEE ROAD-LITHIA HIGH (Part) Tract: 0801.98 Block(s): 406, 407, 413, 414, 503, 504, 508, 509, 510, 511, 601, 602, 603, 604, 605, 606, 607, 608, 610, 611 Tract: 0802. Block(s): 501, 502, 503, 511, 512, 513, 514, 515, 516, 520 Tract: 0806.02 Block(s): 101, 201, 202, 203, 204, 205, 206, 207, 208, 209 Education District: 4 DOUGLAS COUNTY VTD: 0001 DOUGLASVILLE (Part) Tract: 0804. Block(s): 122A VTD: 0003 STEWART (Part) Tract: 0804. Block(s): 110A VTD: 0004 ARBOR STATION (Part) Tract: 0805.01 Block(s): 101A, 101B, 101C, 107, 108, 109, 110, 111, 112 Tract: 0805.03 Block(s): 201, 202, 203, 204, 301, 401, 402A, 402B, 403, 404, 405, 406, 407, 408, 409, 501A, 501B, 501C, 502, 503, 601A, 601B, 601C, 602, 603, 604,
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605, 606, 607, 608, 609, 610A, 610B, 610C, 610D, 611, 612, 613A, 613B, 614, 615, 616A, 616B Tract: 0805.04 Block(s): 306, 307, 308, 309, 313, 314 VTD: 0008 WINSTON (Part) Tract: 0804. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110B, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122B, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 218B, 219A, 219B, 220, 221A, 221B, 222, 223A, 223B, 223C, 224A, 224B, 225, 226, 227, 228A, 228B, 229, 230, 231, 301, 302, 303, 304, 305, 306, 307A, 307B, 307C, 307D, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326A, 326B, 326C, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339A, 339B, 340A, 340B, 341, 342, 343, 344, 345, 346, 347, 348A, 348B, 349, 350A, 350B, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374 Tract: 0805.01 Block(s): 102, 103, 104, 105, 106, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215 Tract: 0807.98 Block(s): 404, 409B, 420B, 421B, 422, 424B Education District: 5 DOUGLAS COUNTY VTD: 0005 DORSETT SHOALS (Part) Tract: 0805.01 Block(s): 113, 114, 115, 116, 117, 118, 401, 402, 403, 404, 405, 406, 407, 408, 409, 411, 412, 417, 418, 419, 420, 421 Tract: 0805.04 Block(s): 310, 311, 312, 315, 316, 317 VTD: 0009 FAIRPLAY (Part) Tract: 0804.
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Block(s): 506, 507, 510, 512, 513, 515, 517, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662 VTD: 0010 MIDDLE (Part) Tract: 0804. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 501, 502, 503, 504, 505, 508, 509, 511, 514, 516, 518, 519, 520, 521 Tract: 0805.01 Block(s): 311, 312, 313, 314 VTD: 0011 BILL ARP (Part) Tract: 0805.01 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 315, 316, 317, 413, 414, 415, 416, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615 Tract: 0805.04 Block(s): 318, 319, 320, 321, 322, 332, 333 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
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(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Douglas County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Douglas County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Education Districts 1, 2, 3, 4, and 5 as they existed on January 1, 1992, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section. (d) The members of the board of education in office on January 1, 1992, representing former Education Districts 1, 2, 3, 4, and 5, shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, members of the board shall be elected from Education Districts 1, 2, 3, 4, and 5 pursuant to this Act and
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shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. (e) All primaries and elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the board of education attorney of Douglas County School District to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3 . 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 1992 session of the General Assembly of Georgia a bill to amend an Act providing for election districts for election to the Board of Education of Douglas County, approved April 13, 1982 (Ga. L. 1982, p. 4786); and for other purposes. This 16th day of January, 1992. 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
Page 5444
County Sentinel, which is the official organ of Douglas County, on the following date: January 17, 1992. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 24th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. DOUGLAS COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 754 (House Bill No. 1920). AN ACT To amend an Act creating the board of commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; 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.
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2703), as amended, is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. (a) For the purpose of electing members of the board of commissioners, Douglas County is divided into four commissioner districts as follows: Commissioner District: 1 DOUGLAS COUNTY VTD: 0005 DORSETT SHOALS VTD: 0006 CHAPEL HILL VTD: 0007 MOUNT CARMEL (Part) Tract: 0806.01 Block(s): 211, 212, 213, 214, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501, 502, 503, 504, 601, 602, 603, 604 Tract: 0806.02 Block(s): 102, 301, 302, 303, 304, 305, 306, 307, 401, 402 VTD: 0011 BILL ARP Commissioner District: 2 DOUGLAS COUNTY VTD: 0004 ARBOR STATION VTD: 0008 WINSTON VTD: 0009 FAIRPLAY VTD: 0010 MIDDLE Commissioner District: 3 DOUGLAS COUNTY VTD: 0002 BEULAH VTD: 0003 STEWART VTD: 0012 TURNER-LITHIA SPRINGS VTD: 0013 COMMERCIAL BANK Commissioner District: 4 DOUGLAS COUNTY VTD: 0001 DOUGLASVILLE
Page 5446
VTD: 0007 MOUNT CARMEL (Part) Tract: 0802. Block(s): 504, 505, 506, 507, 508, 509, 510, 517, 518, 519 Tract: 0806.01 Block(s): 102A, 102B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302A, 302B, 303, 305F, 305K, 307, 308, 309 Tract: 0806.02 Block(s): 210, 211, 212, 213 VTD: 0014 LEE ROAD-LITHIA HIGH (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Douglas County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
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(5) Any part of Douglas County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Commissioner Districts 1, 2, 3, and 4 as they existed on January 1, 1992, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section. Section 2 . Said Act is further amended by striking Section 4 and inserting in its place a new Section 4 to read as follows: Section 4. (a) The chairman of the board of commissioners in office on January 1, 1992, shall serve out the remainder of the term to which he was elected, such term expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, the chairman shall be elected pursuant to this Act and shall serve for a term of four years and until his successor is elected and qualified and shall take office on January 1 immediately following his election. (b) The member of the board of commissioners in office on January 1, 1992, representing former Commissioner District No. 2, shall serve out the remainder of the term to which he was elected, such term expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, a member of the board shall be elected from Commissioner District No. 2 pursuant to this Act and shall serve for a term of four years and until his successor is
Page 5448
elected and qualified and shall take office on January 1 immediately following his election. (c) The member of the board of commissioners in office on January 1, 1992, representing former Commissioner District No. 1, shall serve out the remainder of the term to which he was elected, such term expiring on December 31, 1992. At the general election in 1992, a member of the board shall be elected from Commissioner District No. 1 pursuant to this Act and shall serve for a term of two years and until his successor is elected and qualified and shall take office on January 1 immediately following his election. At the general election in 1994 and every four years thereafter, a member of the board shall be elected from Commissioner District No. 1 pursuant to this Act and shall serve for a term of four years and until his successor is elected and qualified and shall take office on January 1 immediately following his election. (d) At the general election in 1992, a member of the board shall be elected from Commissioner District No. 3 pursuant to this Act and a member of the board shall be elected from Commissioner District No. 4 pursuant to this Act. Such members shall serve for terms of two years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. At the general election in 1994, and every four years thereafter, a member of the board shall be elected from Commissioner District No. 3 pursuant to this Act and a member of the board shall be elected from Commissioner District No. 4 pursuant to this Act. Such members shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. (e) All primaries and elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Douglas County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general
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primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 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; and for other purposes. This 16th day of January, 1992. 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: January 17, 1992. /s/ Thomas M. Kilgore Representative, 42nd District
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Sworn to and subscribed before me, this 24th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. CITY OF PALMETTOSPECIAL ELECTIONS; MAYOR AND COUNCIL; VACANCIES. No. 755 (House Bill No. 1919). AN ACT To amend an Act providing a new charter for the City of Palmetto, approved March 2, 1966 (Ga. L. 1966, p. 2771), as amended, so as to revise and change the manner in which and the purpose for which special elections are called; to provide for vacancies in office; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a new charter for the City of Palmetto, approved March 2, 1966 (Ga. L. 1966, p. 2771), as amended, is amended by striking Section 11.1 and inserting in its place a new Section 11.1 to read as follows: Section 11.1. 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.
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(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 two years 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 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that the City of Palmetto, Georgia intends to apply for the passage of local legislation at the 1992 session of the General Assembly of Georgia, convening in January, 1992 to amend the Charter of the city of Palmetto, Georgia (Georgia Laws 1966, page 271, et. seg.), and as thereafter amended, to provide for changes in the special elections provision of the charter; and for other purposes. This 20th day of February, 1992. William R. McNally City Attorney for the City of Palmetto
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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 20, 1992. /s/ Helen Selman Representative, 32nd District Sworn to and subscribed before me, this 26th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. JACKSON COUNTYHOMESTEAD EXEMPTION; COUNTY AND SCHOOL DISTRICT TAXES; REFERENDUM. No. 756 (House Bill No. 1911). AN ACT To provide a homestead exemption from all Jackson County and Jackson County School District ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that county and school district who have annual earned family incomes not exceeding $18,000.00 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
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provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . For purposes of this Act, the term: (1) Ad valorem taxes means all ad valorem taxes levied by, for, or on behalf of Jackson County and the Jackson County School District, including but not limited to taxes to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. Section 2 . Each resident of the Jackson County and the Jackson County School District who is 62 years of age or over is granted an exemption on that person's homestead from all Jackson County and Jackson County School District ad valorem taxes for educational purposes for $10,000.00 of the value of that homestead, if that person's earned income from all sources, expressly excluding social security and retirement benefits, together with the income of the spouse and family members of such person who reside within such homestead, does not exceed $18,000.00 for the immediately preceding taxable year. Section 3 . The tax commissioner of Jackson 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.
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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 Jackson County and the Jackson 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. Section 6 . The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Jackson County and Jackson County School District ad valorem taxes. Section 7 . The exemption granted by this Act shall not apply to or affect any state taxes or municipal taxes. 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 Jackson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Jackson County for approval or rejection. The election superintendent shall conduct that election at the time of the statewide general primary 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
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Jackson 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 county and school ad valorem taxes levied for Jackson County and the Jackson County School District for residents of that district who are 62 years of age or over and whose annual earned family income does not exceed $18,000.00? 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. The expense of such election shall be borne by Jackson 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.
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Notice NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide a homestead exemption from all Jackson County and Jackson County School District ad valorem taxes for $10,000.00 of the value of the homestead for residents of Jackson County who are 62 years of age and whose earned family income does not exceed $18,000.00; and for other purposes. This 19th day of February, 1992. Honorable Michael A. Beatty, Representative, 12th District 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 Jackson Herald, which is the official organ of Jackson County, on the following date: February 19, 1992. /s/ Mike Beatty Representative, 12th District Sworn to and subscribed before me, this 24th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992.
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FLOYD COUNTYBOARD OF COMMISSIONERS; COUNTY MANAGER; DEPARTMENT HEADS. No. 757 (House Bill No. 1876). AN ACT To amend an Act creating the Board of Commissioners of Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4525), so as to provide that the county manager shall make recommendations to the board relating to the appointment of future heads of county departments; 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 Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4525), is amended by striking in its entirety paragraph (1) of Section 6D and inserting a new paragraph (1) to read as follows: (1) Except as otherwise provided by law, to make recommendations to the board of commissioners relating to the appointment of future heads of all departments of the county and to remove such officers and employees, with the exception of the county attorney, the county auditor, and the county physician; provided, however, that nothing in this paragraph shall prohibit the appointment of future heads of the departments of the county by the board of commissioners in the absence of a recommendation by the county manager;. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend the 1983 local legislation establishing the duties of the County Manager of Floyd County and other matters relating to County Government. This 6th day of February, 1992. Honorable E. M. Childers Representative, 19th District Forest McKelvey Representative, 15th District Paul E. Smith Representative, 16th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Smith, who, on oath, deposes and says that he is Representative from the 16th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune, which is the official organ of Floyd County, on the following date: February 11, 1992. /s/ Paul E. Smith Representative, 16th District
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Sworn to and subscribed before me, this 20th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. TROUP COUNTYHOMESTEAD EXEMPTION; COUNTY AND SCHOOL DISTRICT TAXES; REFERENDUM. No. 758 (House Bill No. 1865). AN ACT To provide for homestead exemptions from Troup County ad valorem taxes for county purposes, excluding taxes to retire bonded indebtedness, and from Troup County School District ad valorem taxes for educational purposes, excluding taxes to retire bonded indebtedness, 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 a referendum; 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 Troup County, but not including taxes to retire bonded indebtedness or county school district ad valorem taxes for educational purposes.
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(2) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Troup County School District, but not including taxes to retire school bond indebtedness. (3) Disabled means any person who has been determined to be blind or disabled for purposes of receiving supplemental security income benefits under Title XVI of the Social Security Act (42 U.S.C.A. Sections 1381 et seq.), upon furnishing a proper copy of such determination. (4) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. Section 2 . Each resident of Troup County who is 65 years of age or older or who is disabled is granted an exemption on that person's homestead from all Troup County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of that homestead. Section 3 . Each resident of the Troup County School District who is 65 years of age or older or who is disabled is granted an exemption on that person's homestead from all Troup County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead. Section 4 . The tax commissioner of Troup County or the designee thereof shall provide application and affidavit forms for the exemptions granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemptions. Section 5 . The exemptions shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemptions shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemptions under this Act to notify the tax commissioner of Troup
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County or the designee thereof in the event that person for any reason becomes ineligible for such exemptions. Section 6 . The exemptions granted by this Act shall not apply to or affect any state taxes. Section 7 . The exemptions granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Troup County ad valorem taxes for county purposes or Troup County School District ad valorem taxes for educational purposes. Section 8 . The exemptions 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 Troup County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Troup County and the Troup County School District for approval or rejection. The election superintendent shall conduct that election on the date of 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 Troup County. The ballot shall have written or printed thereon the words:
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() YES () NO Shall the Act be approved which provides for the following homestead exemptions: (1) Troup County ad valorem taxes for county purposes, excluding taxes to retire bonded indebtedness, in the amount of $10,000.00 for qualified residents who are 65 or older or who are disabled and (2) Troup County School District ad valorem taxes for educational purposes, excluding taxes to retire bonded indebtedness, in the amount of $10,000.00 for qualified residents who are 65 or over or who are disabled? 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 8 of this Act, then Sections 1 through 8 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, 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. In the event the election provided for in this section is not conducted on or before the Tuesday after the first Monday in November, 1992, this Act shall stand repealed in its entirety on December 31, 1992. The expense of such election shall be borne by Troup 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.
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Section 11 . 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 1992 session of the General Assembly of Georgia, a bill to provide for homestead exemptions from Troup County ad valorem taxes for county purposes and from Troup County School District ad valorem taxes for educational purposes for certain residents of that county and school district; to provide for definitions, terms and conditions, and procedures; to provide for a referendum; and for other purposes. This 22nd day of February, 1992. Wade Milam State Representative District 81 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: February 22, 1992. /s/ Wade Milam Representative, 81st District
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Sworn to and subscribed before me, this 24th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 6, 1992. HARRIS COUNTYBOARD OF EDUCATION; PURCHASES; COMPETITIVE BIDDING. No. 759 (House Bill No. 1864). AN ACT To amend an Act entitled An Act to require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a current list of the members and all employees of the Board of Education of Harris County, together with their individual salaries, supplements, expenses and other emoluments; to provide that said list shall be available for public examination; to provide that copies of said list shall be available to the public upon request for the cost of reproduction; to provide for competitive bidding on the purchase of all materials, equipment, and supplies in excess of $500.00 by the Board of Education of Harris County; to provide that all expenditures for the purchase of materials, equipment, and supplies in excess of $500.00 shall be first authorized by a majority of the Board of Education of Harris County; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes., approved March 23, 1977 (Ga. L. 1977, p. 3970), as amended, so as to repeal the requirement for competitive bidding on all materials, equipment, and supplies purchased by the Board of Education of Harris County; 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 entitled An Act to require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a current list of the members and all employees of the Board of Education of Harris County, together with their individual salaries, supplements, expenses and other emoluments; to provide that said list shall be available for public examination; to provide that copies of said list shall be available to the public upon request for the cost of reproduction; to provide for competitive bidding on the purchase of all materials, equipment, and supplies in excess of $500.00 by the Board of Education of Harris County; to provide that all expenditures for the purchase of materials, equipment, and supplies in excess of $500.00 shall be first authorized by a majority of the Board of Education of Harris County; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes., approved March 23, 1977 (Ga. L. 1977, p. 3970), as amended, is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. All expenditures for the purchase of materials, equipment, and supplies in excess of $1,500.00 must be first authorized by a majority of the Board of Education of Harris 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 1992 session of the General Assembly of Georgia a bill to amend an Act approved March 19, 1984 (Ga. L. 1984, p. 4349), so as to change requirements for purchases by bid and providing for matters relating thereto; and for other purposes.
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This 14th day of February, 1992. TOMMY R. LEE 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 20, 1992. /s/ Roy D. Moultrie Representative, 93rd District Sworn to and subscribed before me, this 24th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. FLOYD COUNTYBOARD OF COMMISSIONERS; TERMS; REFERENDUM. No. 760 (House Bill No. 1862). AN ACT To amend an Act creating the Board of Commissioners of Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, particularly by an Act approved February 27, 1981 (Ga. L. 1981, p. 3023), so as to change the terms of the members of the board from staggered to concurrent; to provide that the
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terms of members elected in 1992 shall be two years rather than four; to provide for a referendum; 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 Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, particularly by an Act approved February 27, 1981 (Ga. L. 1981, p. 3023), is amended by striking Section 4 in its entirety and inserting a new section to read as follows: Section 4. (a) The Board of Commissioners of Floyd County composed of five members shall continue as the governing authority of Floyd County. Members for Posts 1 and 2 shall reside in Floyd County inside the corporate limits of the City of Rome. Members for Posts 3, 4, and 5 shall reside in Floyd County but outside the corporate limits of the City of Rome. Any person offering for election as a member of the board shall designate the post for which such person is offering at the time of so offering and shall not offer for election for more than one post on the board. (b) Members of the board shall be elected on the Tuesday following the first Monday in November next preceding the expiration of the term of office for the respective post on the board of commissioners and shall take office on the first day of January following their election. (c) Subject to voter approval by referendum and clearance by the Attorney General of the United States, the terms of the members of the board, which were staggered in accordance with an Act approved February 27, 1981 (Ga. L. 1981, p. 3023), shall become concurrent terms in the following manner: (1) The members elected to Posts 2, 4, and 5 in 1992 shall serve for terms of two years and until their successors are elected and qualified.
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(2) The members who were elected to Posts 1 and 3 in 1990 shall complete the four-year terms for which they were elected. (3) Members elected to all posts in 1994 shall serve for terms of four years and until their successors are elected and qualified. Their successors shall be elected in 1998, and subsequently, all members shall be elected for four years and until their successors are elected and qualified. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Floyd County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Floyd County for approval or rejection. The election superintendent shall conduct that election on the earliest of the following dates in 1992 which is acceptable to the Attorney General of the United States: the date of the general primary; the third Tuesday in Septermber; or the Tuesday after the first Monday in November. The election superintendent shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Floyd County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which changes the terms of members of the Board of Commissioners of Floyd County from staggered terms and shortens the term for members elected in 1992 from four years to two years? 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
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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 Floyd 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 1992 Session of the General Assembly of Georgia a bill to amend an Act abolishing the Board of Commissioners of Floyd County and providing for their successors, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended; and for other purposes. This 14th day of February, 1992. Honorable Paul E. Smith Representative, 16th District Honorable, E.M. Buddy Childers Representative, 15th District Honorable, Forrest L. McKelvey Representative, 15th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Smith, who, on oath, deposes and says that he is Representative from the 16th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune,
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which is the official organ of Floyd County, on the following date: February 16, 1992. /s/ Paul E. Smith Representative, 16th District Sworn to and subscribed before me, this 20th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. SUMTER COUNTYBOARD OF COMMISSIONERS; COMPENSATION. No. 761 (House Bill No. 1859). AN ACT To amend an Act creating a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, approved December 13, 1871 (Ga. L. 1871-72, p. 225), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2534), so as to change the salaries of the chairman and members of the Board of Commissioners of Sumter 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 Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, approved December 13, 1871 (Ga. L. 1871-72, p. 225), as amended, particularly by an Act
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approved March 30, 1971 (Ga. L. 1971, p. 2534), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following: Section 1. The chairman of the board of commissioners of roads and revenues for Sumter County, Georgia, shall be paid a salary of $3,700.00 per annum and each of the other commissioners shall be paid a salary of $2,800.00 per annum from the treasury of said county for their services as such commissioners of roads and revenues. The salary shall be paid each member in monthly installments. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION At the request of the Board of Commissioners of Sumter County, notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia certain bills to amend an Act creating a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Green, approved December 31, 1871 (Ga. L. 1871-72, p. 225), as amended; and for other purposes. This 30th day of January, 1992. 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: February 1, 1992. /s/ Jimmy Skipper Representative, 116th District
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Sworn to and subscribed before me, this 11th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. RABUN COUNTYHOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 762 (House Bill No. 1849). AN ACT To provide a homestead exemption from all Rabun County ad valorem taxes in the amount of $12,500.00 of the assessed value of the homestead for certain residents of Rabun County who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . For purposes of this Act, the term: (1) Ad valorem taxes means all Rabun County ad valorem taxes except for ad valorem taxes for educational purposes levied by, for, or on behalf of the Rabun County School District. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.
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(3) Income means net income from all sources but shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system except such income which is in excess of the maximum amount authorized to be paid to an individual and that person's spouse under the federal Social Security Act. (4) Senior citizen means a person who is 65 years of age or over. Section 2 . (a) Each resident of Rabun County who is a senior citizen is granted an exemption on that person's homestead from all Rabun County ad valorem taxes in the amount of $12,500.00 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. (b) The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Rabun County ad valorem taxes levied for county purposes. Section 3 . The tax commissioner of Rabun County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemption. Section 4 . The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Rabun County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Section 5 . The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes.
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Section 6 . The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1993. Section 7 . 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 section for the purpose of submitting this Act to the electors of Rabun County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjection with the state-wide general election in November, 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 Rabun County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from certain Rabun County ad valorem taxes in the amount of $12,500.00 of the assessed value of such homestead for certain residents of that district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 6 of this Act shall become of full force and effect immediately. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
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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 8 . Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide for an additional homestead exemption for persons 65 years or older who own real property in Rabun County, Georgia, and whose gross income does not exceed $10,000.00 per year, said homestead exemption being for $12,500.00, to provide for a referendum at which such legislation may be voted upon, and for other purposes. This 2nd day of January, 1992. N. William Pettys, Jr. Attorney for Rabun County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune, which is the official organ of Rabun County, on the following date: January 9, 1992. /s/ Ralph Twiggs Representative, 4th District
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Sworn to and subscribed before me, this 20th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. CITY OF HARTWELLNEW CHARTER. No. 764 (House Bill No. 1774). AN ACT To provide a new charter for the City of Hartwell; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to provide for an effective
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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 . Name. This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style City of Hartwell, 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 mayor of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Hartwell, Georgia. Photographic, typed, or other copies of such map or description certified by the city manager shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. Section 1.12 . Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law or by the Constitution of the State of Georgia.
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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. Section 1.13 . Municipal powers. 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 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
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such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary 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
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city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such 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,
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or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, cable television, 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;
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(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 distribuances; (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
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to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city, for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location, and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service 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;
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(34) Solid waste disposal. To provide for the collection and disposal or 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, carboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and 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, plamistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and
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(41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.14 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE Section 2.10 . City council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter. Section 2.11 . City council terms and qualifications for office. The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as councilmember unless such person shall be 21 years of age on or before the date of the election and such person shall have been a resident of the city for 12 months immediately prior to the date of the election
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of mayor or members of the city council; and each shall continue to reside in the city during such councilmember's period of service and be registered and qualified to vote in municipal elections of this city. Section 2.12 . Vacancies in office. (a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, removal of residence from the city, missing four consecutive city council meetings without leave from the council, forfeiture of office, or removal from office in any manner authorized by this charter or general law 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. (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. 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 . Conflicts of interest; holding other offices. (a) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of such person's official duties or which would tend to impair the independence of judgment or action in the performance of such person's 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
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of such person's official duties or would tend to impair the independence of judgment or action in the performance of such person's official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which such person is engaged without the proper legal authorization or use such information to advance the financial or the private interest of such person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to such person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which such person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign. Valuables are defined as gifts worth over $50.00; (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 such person has financial interest. (b) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and the mayor or councilmember shall be disqualified 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,
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directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which 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 elected. (f) Political activities of certain officers and employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (g) Penalties for violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited such office or position. (2) Any officer or employee of the city who shall forfeit such 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.
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Section 2.15 . Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and, for this purpose, may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. Section 2.16 . General power and authority of the city council. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. Section 2.17 . Eminent domain. The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, cable television systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city and to regulate the use thereof and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. Section 2.18 . Oath of office. The oath of office shall be administered by the city manager 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.
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(b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting without unanimous consent of such councilmembers present. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made as required by law. Section 2.20 . Rules of procedure. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping 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 . Quorum; voting. (a) 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 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 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 Hartwell 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 as provided in Section 2.24. Upon introduction of any ordinance, the city manager shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the city manager and at such other public places as the city council may designate. Section 2.23 . Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. All other matters of business shall be considered in the form of a 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 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
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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 a majority of the councilmembers present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.25 . Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of 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 city manager pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city manager for distribution or for purchase at a reasonable price. Section 2.26 . Signing; authenticating; recording; codification; printing of ordinances. (a) The city manager shall authenticate by signing and recording in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published
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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 Code of Ordinances, City of Hartwell, 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 2.27 . City manager; appointment; qualifications; compensation. The city council shall employ a city manager for an indefinite term and shall fix the compensation of the city manager. The city manager shall be employed solely on the basis of the city manager's executive and administrative qualifications. Any contract for the employment of a city manager shall provide for review of the city manager's performance at regular intervals to ensure the adequate performance of the city manager to the satisfaction of the city council. Section 2.28 . Removal of city manager. (a) The city council may remove the city manager from office in accordance with the following procedures: (1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed
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45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, the city manager 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 city manager may file with the council a written reply not later than five days before the hearing; and (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) 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 city 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 city manager shall continue to receive the same salary until the effective date of a final resolution of removal. Section 2.29 . Acting city manager. By letter filed with the city council, 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 city manager during the city manager's 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 the city manager's disability shall cease. Section 2.30 . Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. The city manager shall have the following powers and duties:
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(1) The city manager shall employ and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager employs, except as otherwise provided by law, in this charter, or in personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the direction and supervision of the city manager 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 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 at the regularly held monthly meeting of the city council; (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 the city manager's direction and supervision; (8) The city manager shall keep the city council fully advised as to the financial condition and future
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needs of the city and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (9) The city manager shall perform other such duties as are specified in this charter or as may be required by the city council. Section 2.31 . Council interference with administration. Except for the purpose of inquiries and investigations under Section 2.15, the mayor and 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 mayor nor the city council or its members shall give orders to any such officer or employee, either publicly or privately. Section 2.32 . Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city, shall be 21 years of age on or before the date of election, and shall have been a resident of the city for at least 12 months immediately preceding such election. The mayor shall continue to reside in this city during the period of service as mayor. The mayor shall forfeit office on the same grounds and under the same procedures as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. Section 2.33 . Mayor pro tem; election. By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. Section 2.34 . 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 spokesperson for the city and the chief advocate of policy;
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(3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote at city council meetings only in the event of a tie vote by councilmembers; and (6) Have veto power to be exercised in the manner set out in Section 2.36. Section 2.35 . Mayor pro tem; power and duties. During the absence or disability of the mayor for any cause, the mayor pro tem, or in the absence or disability of the mayor pro tem 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 2.36 . Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented promptly by the city manager to the mayor. (b) The mayor, within five calendar days of receipt of an ordinance, shall return it to the city manager with or without approval or with disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city manager; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council a written statement of the reasons for the veto. The city manager 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 manager to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance
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by an affirmative vote of two-thirds of its members, it shall become law. (d) The mayor may disapprove or reduce any item or items or 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 subsection (c) of this section. The reduced part or parts shall be presented to the city council as though disapproved and shall become law unless overridden by the city council as provided in subsection (c) of this section. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10 . Administrative and service departments. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers 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 that department or agency. (e) All directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. The city manager may suspend or remove directors under the city manager's supervision, which suspension shall be effective immediately following the
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city manager's giving written notice of such action and the reasons therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the city manager's action by a vote of four councilmembers. Section 3.11 . Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by this charter or by law, no member of any board, commission, or authority created pursuant to subsection (c) of this section 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 in this charter 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 the member has executed and filed with the city manager an oath obligating such member to faithfully and impartially perform the duties of 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 four members of the city council. (h) Except as otherwise provided by this charter or by law, no member of any board, commission, or authority of the city shall elect one of its members as chairman and one member as vice chairman, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city manager. 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 the city attorney by virtue of the position as city attorney. The city attorney shall serve at the discretion of the city council. Section 3.13 . City clerk. The city manager may employ 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 or delegated by the city manager. Section 3.14 . City treasurer. The city manager may employ a financial officer 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 deliquent taxes and
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sale or foreclosure for nonpayment of taxes. The financial officer shall also be responsible for the general duties of a treasurer and fiscal officer. Section 3.15 . City accountant. The city council shall appoint a city accountant to perform the duties of an accountant. The city accountant shall serve at the discretion of the city council. Section 3.16 . 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 3.17 . Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods 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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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 Hartwell. 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. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless such person shall have attained the age of 21 years. All jduges shall be appointed by the city council and shall serve at the discretion of 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 a majority of the members present of the city council. (e) Before assuming office, each judge shall take an oath given by the mayor that such judge will honestly and faithfully discharge the duties of the office to the best of such judge's 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 $300.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $3,500.00 or
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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. 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 appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and the sureties on the bond 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.
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(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 Hart 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 manager, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS AND REMOVAL Section 5.10 . Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended.
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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. (b) 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 . Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within three months of the expiration of the term of that office, the city council or those 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 5.14 . 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 5.15 . Removal of officers. (a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude;
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(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; (6) Failure for any other cause to perform the duties of office as required by this charter or by state law; or (7) Knowingly violating Section 2.31 of this charter dealing with council interference with administration. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of a majority of councilmembers present 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 Hart 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 Hart County following a hearing on a complaint seeking such removal brought by any resident of the City of Hartwell. 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
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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 date; payment methods. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13 . Licenses; permits; fees. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and 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.
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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, streets 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 manager in a registration book kept by the city manager. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15 . Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16 . Special assessments. The city council by ordinance shall have the power to assess and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.17 . Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city
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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 . General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20 . Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21 . Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22 Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. Section 6.23 . Preparation of budget. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.24 . Submission of operating budget to city council. On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the
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city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the city manager may deem pertinent. The operating budget, the capital improvements budget provided for in this charter, the budget message, and all supporting documents shall be filed in the office of the city manager 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 city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the fifteenth of December of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
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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 vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing 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 city manager shall submit to the city council a proposed capital improvements budget with the city manager's recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the fifteenth day of December of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by the city manager's recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.
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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. 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 by 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 city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council
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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. ARTICLE VII GENERAL PROVISIONS Section 7.10 . Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11 . Prior ordinances; 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 next following the first Monday in November, 1993, at which time the positions held by Joan Saliba, George Rooks, Herbert Maret, and Ed Weaver shall be filled. 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 60 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.
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Section 7.14 . Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.15 . 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 of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. Section 7.17 . Effective date. This charter shall become of full force and effect on June 1, 1992. Section 7.18 . Specific repealer. An Act incorporating the City of Hartwell in the County of Hart, approved April 3, 1972 (Ga. L. 1972, p. 3743), is repealed in its entirety June 1, 1992, and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.19 . Repealer. All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the Regular 1991 Session of the General Assembly of Georgia a Bill to amend an Act creating a new charter for the City of Hartwell, approved April 3, 1972 (Ga. L. 1972, p. 3743) as amended; and for other purposes. This 9th day of December, 1991. /s/ JOANNA B. HANNAH Attorney For City of Hartwell State of Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan T. Powell, who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun, which is the official organ of Hart County, on the following date: December 11, 1991. /s/ Alan Powell Representative, 13th District Sworn to and subscribed before me, this 11th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992.
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CITY OF SAVANNAH AND CHATHAM COUNTYBOARD OF PUBLIC EDUCATION; DISTRICTS. No. 774 (Senate Bill No. 763). AN ACT To amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to change the composition of the education districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows: Section 1. (a) The Board of Public Education for the City of Savannah and the County of Chatham shall be composed of a president and eight other members, to be elected as provided in this Act. For the purpose of electing members of the board of education, Chatham County is divided into eight education districts as follows: Education District: 1 CHATHAM COUNTY VTD: 0001 1-1 VTD: 0002 1-2 VTD: 0003 1-3 VTD: 0005 1-5 VTD: 0006 1-6 VTD: 0007 1-7
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VTD: 0009 1-9 VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 601, 602, 603, 604, 605, 606, 607, 608, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713 VTD: 0011 1-11 VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 303, 304, 305, 306, 307, 315, 316 VTD: 0044 4-11 VTD: 0045 4-12 VTD: 0056 6-1 Education District: 2 CHATHAM COUNTY VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0018 2-5 VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0022 2-9 VTD: 0026 3-3 VTD: 0027 3-4 (Part) Tract: 0036.02 Block(s): 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229 VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 401, 406, 409, 410, 419, 420, 421, 433 VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 101, 102A, 104, 105, 106, 107, 110, 111, 112, 113, 114, 117, 118, 119, 306B, 401A
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Block(s): That part of Block 401B which lies west of Moorings Drive and Moorings Drive extended to a tributary of the Wilmington River Block(s): 402, 404A, 404B, 405, 406, 407, 408, 409 Tract: 0101.01 Block(s): 314A, 318A, 321A, 329A Education District: 3 CHATHAM COUNTY VTD: 0012 1-12 VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 101, 102, 103, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 308, 309, 310, 311, 312D, 314 VTD: 0024 3-1 (Part) Tract: 0008. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 218, 219, 225, 227, 228, 229, 231, 232, 233 Tract: 0013. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 VTD: 0025 3-2 (Part) Tract: 0003. Block(s): 101B, 102, 103, 104, 105, 106, 115, 116, 117, 118, 119, 120, 122, 123, 124, 125, 126, 130, 131, 132, 137, 140, 141, 142, 151, 153, 157, 158, 159, 160, 163, 164, 165, 166, 170, 171, 172, 173, 174, 175, 176, 188, 189, 190, 191, 192, 193, 201, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 222, 225, 240, 241, 244, 301B Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 110, 111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 218, 219, 222, 223, 224, 225, 228, 229, 230, 231, 232
Page 5519
Tract: 0101.01 Block(s): 201, 202, 203B, 204, 205, 304A, 304B, 305A, 305B, 306, 307, 308, 309, 310, 311, 312, 313, 328 Tract: 0106.05 Block(s): 105, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 VTD: 0027 3-4 (Part) Tract: 0022. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328 Tract: 0037. Block(s): 114, 115, 116, 117, 121, 122, 123, 124, 125, 126, 127 VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 101C, 230, 231, 232, 233, 234, 235, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 402, 403, 404, 405, 407, 408, 411, 412, 413, 414, 415, 416, 417, 418, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 501A, 501B, 502, 503, 504A, 504B, 505A, 505B VTD: 0029 3-6 VTD: 0030 3-7 VTD: 0031 3-8 VTD: 0032 3-9 VTD: 0033 3-10 VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 102B Block(s): That part of Block 401B which lies east of Moorings Drive and Moorings Drive extended to a tributary of the Wilmington River Block(s): 403 Tract: 0036.02 Block(s): 101D, 312B Tract: 0101.01 Block(s): 301, 302, 303, 314B, 314C, 315, 316, 317, 318B, 319, 320, 321B, 321C, 321D, 322, 329B
Page 5520
VTD: 0035 4-2 VTD: 0043 4-10 (Part) Tract: 0038. Block(s): 204B, 307B, 312B, 313B Tract: 0039. Block(s): 201B, 202B Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 407, 408, 409, 410, 411, 412, 413 Education District: 4 CHATHAM COUNTY VTD: 0036 4-3 VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 VTD: 0043 4-10 (Part) Tract: 0110.02 Block(s): 103 Tract: 0110.04 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331 Education District: 5 CHATHAM COUNTY VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 (Part) Tract: 0045. Block(s): 202, 205, 207, 208, 209, 210, 214A, 214B, 214C, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308,
Page 5521
309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414A, 414B VTD: 0053 5-8 VTD: 0054 5-9 VTD: 0055 5-10 VTD: 0061 6-6 VTD: 0062 6-7 (Part) Tract: 0109.01 Block(s): That part of Block 101 which lies north of Tibet Avenue extended to its intersection with Hunter Army Airfield VTD: 0074 7-10 VTD: 0086 5-11 Education District: 6 CHATHAM COUNTY VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): 801 VTD: 0057 6-2 VTD: 0059 6-4 VTD: 0060 6-5 VTD: 0062 6-7 (Part) Tract: 0042.03 Block(s): 301, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 413, 415, 416, 419, 420, 421, 422 Tract: 0042.05 Block(s): 403A, 501, 507 Tract: 0109.01 Block(s): That part of Block 101 which lies south of Tibet Avenue extended to its intersection with Hunter Army Airfield Block(s): 102, 103, 104, 201, 202, 203, 204, 301, 302, 303, 304 VTD: 0063 6-8 VTD: 0064 6-9 VTD: 0072 7-8 (Part)
Page 5522
Tract: 0108.98 Block(s): That part of Block 233 which lies southeast of Bush Road extended to its intersection with the Ogeechee River Block(s): 241, 242, 243 Education District: 7 CHATHAM COUNTY VTD: 0065 7-1 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0069 7-5 VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0072 7-8 (Part) Tract: 0108.04 Block(s): 101B, 101E Tract: 0108.97 Block(s): 108A, 109, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 250A, 251B, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275A, 275B, 276, 277, 278B, 280, 281, 282, 283, 284A, 284B Tract: 0108.98 Block(s): 105A, 105B, 106A, 106B, 107, 108B, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 123, 124, 125, 126, 139, 142, 143, 144, 145, 149, 150, 201B, 202B, 203B, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232 Block(s): That part of Block 233 which lies northwest
Page 5523
of Bush Road extended to its intersection with the Ogeechee River Block(s): 234, 235, 236, 237, 238, 244, 245, 246, 247, 248, 249 VTD: 0073 7-9 Education District: 8 CHATHAM COUNTY VTD: 0024 3-1 (Part) Tract: 0003. Block(s): 101A, 107, 108, 109, 110, 111, 112, 113, 114, 121, 127, 128, 129, 133, 134, 135, 136, 138, 139, 143, 144, 145, 146, 147, 148, 149, 150, 152, 154, 155, 156, 161, 162, 167, 168, 169, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 194, 195, 196, 197, 202, 226, 227, 230, 237, 245 VTD: 0046 5-1 VTD: 0047 5-2 VTD: 0052 5-7 (Part) Tract: 0012. Block(s): 112 Tract: 0033.02 Block(s): 201, 206, 207 Tract: 0045. Block(s): 101A, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 134C, 201, 203, 204, 206A, 206B, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 401A VTD: 0075 7-11 VTD: 0076 8-1 VTD: 0077 8-2 VTD: 0078 8-3 VTD: 0079 8-4 VTD: 0080 8-5 VTD: 0081 8-6 VTD: 0082 8-7 VTD: 0083 8-8 VTD: 0084 8-9 VTD: 0085 8-10
Page 5524
(b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia: (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designatiions are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Chatham County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Chatham County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Education Districts 1, 2, 3, 4, 5, 6, 7, and 8 as they existed on January 1, 1992, shall continue to be designated
Page 5525
as Education Districts 1, 2, 3, 4, 5, 6, 7, and 8 respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section. Section 2 . Said Act is further amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. (a) The president of the board of education in office on January 1, 1992, shall serve out the remainder of the term to which he was elected, such term expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, the president shall be elected pursuant to this Act and shall serve for a term of four years and until his successor is elected and qualified and shall take office on January 1 immediately following his election. No president may succeed himself in office more than twice. (b) The members of the board of education in office on January 1, 1992, representing former Education Districts 1, 2, 3, and 7 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, members of the board shall be elected from Education Districts 1, 2, 3, and 7 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. (c) The members of the board of education in office on January 1, 1992, representing former Education Districts 4, 5, 6, and 8 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, members of the board shall be elected from Education Districts No. 4, 5, 6, and 8 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election.
Page 5526
(d) All primaries and elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education for the City of Savannah and Chatham County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 Session of the General Assembly of Georgia a bill to amend an ACT relating to the SCHOOL SYSTEM of the Board of Education for the City of Savannah and the County of Chatham, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4139) so as to provide new and different districts for the election of members of the Board of Education; to provide for other related matters; and for other purposes. This 21st day of January, 1992. Leamon R. Holliday, III School Board Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Tom Coleman, Jr., who, on oath, deposes and says that he is Senator from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah
Page 5527
Morning News, which is the official organ of Chatham County, on the following date: January 21, 1992. /s/ J. Tom Coleman, Jr. Senator, 1st District Sworn to and subscribed before me, this 21st day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 6, 1992. ATHENS-CLARKE COUNTYCOMMISSION; DISTRICTS; AUDITOR'S REPORTS. No. 789 (House Bill No. 1491). AN ACT To amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, so as to change the composition of the districts from which the members of the Commission of Athens-Clarke County are elected; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to provide for monthly reports of the auditor to the commission; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Page 5528
Section 1 . An Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, is amended by striking subsection (a) of Section 2-102 in its entirety and inserting in lieu thereof the following: (a) The terms of office of all members of the commission shall be four years and until their successors are elected and qualified, except that a commissioner appointed to fill a vacancy shall serve only for the balance of the unexpired term as provided in Section 2-106 of this charter. Those members of the commission elected from District 2, District 4, District 6, District 8, and District 10 who are serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected, ending on December 31, 1992. Those members of the commission elected from District 1, District 3, District 5, District 7, and District 9 who are serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected, ending on December 31, 1994. At the general election immediately preceding the expiration of their terms of office, the commissioners shall be elected from the commissioner districts set forth in Appendix A for terms of office for four years and until their successors are elected and qualified. All terms of office shall commence at the first regular meeting in January next following the election. Section 2 . Said Act is further amended by striking Section 6-201 in its entirety and inserting in lieu thereof the following: Section 6-201. Number of Districts; Boundaries. The territory of the unified government of Athens-Clarke County shall consist of ten commissioner districts. The boundaries of such districts shall be as specifically described and set forth in Appendix A of this charter which is incorporated in this charter by reference.
Page 5529
Section 3 . Said Act is further amended by striking Appendix A in its entirety and inserting in lieu thereof the following: Appendix A (a) For the purpose of electing the ten members of the commission, the territory of Athens-Clarke County shall be divided into the following commissioner districts: Commissioner District: 1 CLARKE COUNTY VTD: 001A PRECINCT 216-1A (Part) Tract: 0014.02 Block(s): 720A Tract: 0015.01 Block(s): 301A VTD: 0217 PRECINCT 0217 (Part) Tract: 0015.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217 VTD: 0218 PRECINCT 0218 (Part) Tract: 0015.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 130, 201, 218, 219, 220, 221 VTD: 0219 PRECINCT 0219 (Part) Tract: 0003. Block(s): 101, 107 Tract: 0014.01 Block(s): 111, 112, 113, 114, 115, 117, 118, 144 Tract: 0014.02 Block(s): 201A, 203, 204, 208, 209, 210, 211, 212, 213, 214, 301, 302, 303, 304, 306, 307, 308, 404, 406, 407, 408, 414, 415, 416, 417 VTD: 0220 PRECINCT 0220 (Part) Tract: 0014.02 Block(s): 101, 102, 103, 104A, 104B, 105, 106A, 106B, 107, 108, 109, 110A, 110B, 111, 112, 113, 114, 115, 116, 118, 119, 201B, 202, 205, 206, 207,
Page 5530
216, 217, 218, 219, 401, 402, 403, 405, 409, 410, 411, 412, 413, 418B, 419B, 420, 501, 502, 503A, 503B, 504A, 504B, 505, 506A, 506B, 507, 508, 509A, 509B, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 601, 602, 603, 604, 608, 609, 612, 613, 614, 616, 617, 618, 701, 702, 703, 704, 705 VTD: 1899 PRECINCT 1899 (Part) Tract: 0014.02 Block(s): 605, 606, 607, 610, 611, 615, 707, 708, 711, 720B, 722, 723B, 726, 727, 728, 729, 731, 732 Tract: 0015.01 Block(s): 203, 204, 205, 207, 208, 217, 218, 219, 301B, 302 Commissioner District: 2 CLARKE COUNTY VTD: 001A PRECINCT 216-1A (Part) Tract: 0003. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 355, 356, 357, 361 Tract: 0014.02 Block(s): 419A, 706A, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719A VTD: 001B PRECINCT 216-2B (Part) Tract: 0003. Block(s): 102A, 103A, 104, 105, 106A, 108, 109, 112, 113, 114A, 115A, 117A, 117B, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 331 Tract: 0014.02 Block(s): 418A VTD: 0219 PRECINCT 0219 (Part) Tract: 0003. Block(s): 102B, 102C, 103B, 106B, 114B, 115B Tract: 0014.01
Page 5531
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 116, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 145, 146, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253 VTD: 0220 PRECINCT 0220 (Part) Tract: 0014.02 Block(s): 706B, 706C, 719B, 723A VTD: 1347 PRECINCT 1347 (Part) Tract: 0014.01 Block(s): 211, 212 Commissioner District: 3 CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0001. Block(s): 106, 108, 109, 110, 111, 112, 113, 114, 115, 122, 123, 141 Tract: 0002. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138 Tract: 0005. Block(s): 102 Tract: 0006. Block(s): 110, 125, 126, 127, 128, 142, 143, 201, 202, 203, 217, 218, 219 VTD: 003B PRECINCT 216-3B (Part) Tract: 0005. Block(s): 103 Tract: 0006. Block(s): 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229 Tract: 0009.
Page 5532
Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243 VTD: 005A PRECINCT 216-5A (Part) Tract: 0006. Block(s): 118, 119, 120, 121, 122, 123, 124 Tract: 0009. Block(s): 114, 115, 220 VTD: 005B PRECINCT 216-5B (Part) Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113 Commissioner District: 4 CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0001. Block(s): 118, 119, 120, 121, 124, 125, 126, 127, 136, 137, 138, 139, 140, 142, 143 Tract: 0004. Block(s): 102, 103, 104, 105, 106, 107, 108, 109 Tract: 0005. Block(s): 101 VTD: 001A PRECINCT 216-1A (Part) Tract: 0001. Block(s): 128, 129, 130, 131, 132, 133, 134, 135 Tract: 0003. Block(s): 346, 347, 348, 349, 350, 351, 352, 353, 354, 358, 359, 360 Tract: 0004. Block(s): 101, 110, 201, 202, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214A, 215, 217 Tract: 0015.01 Block(s): 303A VTD: 001B PRECINCT 216-2B (Part) Tract: 0001. Block(s): 101, 102, 103, 104, 105, 107, 116, 117 VTD: 002A PRECINCT 216-2A (Part) Tract: 0005.
Page 5533
Block(s): 104, 105 VTD: 002B PRECINCT 216-2B (Part) Tract: 0004. Block(s): 218, 219, 220, 221 Tract: 0010. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228 Tract: 0011. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 301, 302, 304, 305, 306, 307, 308, 309, 310, 311 VTD: 0217 PRECINCT 0217 (Part) Tract: 0004. Block(s): 216, 222 VTD: 1899 PRECINCT 1899 (Part) Tract: 0004. Block(s): 203B, 214B Tract: 0015.01 Block(s): 303B, 304, 305, 306 Commissioner District: 5 CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0002. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222 Tract: 0007. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125 Tract: 0008. Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 126, 127, 128, 129 Tract: 0013.02 Block(s): 108A, 108B, 108C, 108D, 108E, 117A, 117B, 118A, 118B, 119A, 120A, 120B, 120C, 120D, 120E, 120F, 121A, 121B, 121C, 121D, 121E, 125, 130A, 130B, 132A, 133A, 133B, 134,
Page 5534
135 VTD: 005A PRECINCT 216-5A (Part) Tract: 0006. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 111, 112, 113, 114, 115, 116, 117 Tract: 0007. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 901, 902, 903, 904, 905, 906, 907 Tract: 0008. Block(s): 201 VTD: 005B PRECINCT 216-5B (Part) Tract: 0008. Block(s): 124, 125, 130, 131, 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227 VTD: 0219 PRECINCT 0219 (Part) Tract: 0013.02 Block(s): 104, 128, 131, 133C VTD: 1347 PRECINCT 1347 (Part) Tract: 0013.02 Block(s): 101, 102, 103, 105, 106, 107, 108F, 109, 110, 111, 112, 113, 114, 115, 116, 117C, 118C, 119B, 120G, 123, 124, 126, 127, 129, 130C, 130D, 132B VTD: 144A PRECINCT 144B (Part) Tract: 0013.98 Block(s): 101, 102, 103, 104, 106, 107 Commissioner District: 6 CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0008. Block(s): 102 Tract: 0013.02 Block(s): 201A, 205A, 206A, 209A, 210A, 210B, 211A, 318A VTD: 005B PRECINCT 216-5B (Part)
Page 5535
Tract: 0008. Block(s): 209 Tract: 0013.02 Block(s): 320, 321, 322, 328A, 329, 330 VTD: 1347 PRECINCT 1347 (Part) Tract: 0013.02 Block(s): 122, 201B, 202, 203, 204, 205B, 206B, 207, 208, 209B, 210C, 211B, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318B, 319, 323, 324, 325, 326, 327, 328B VTD: 144A PRECINCT 144B (Part) Tract: 0013.98 Block(s): 105, 108, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 210, 501B VTD: 144B PRECINCT 144A (Part) Tract: 0013.98 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315, 316, 317A, 317B, 318A, 318B, 319, 401, 402, 403A, 403B, 404A, 404B, 405A, 405B, 406, 407A, 407B, 408, 409, 410, 411, 412, 501C, 502, 503, 504, 505, 506, 507, 508, 509 Tract: 0016.98 Block(s): 201B, 301C, 307B, 308B, 308D, 315B, 317B, 318B, 325B, 325D Commissioner District: 7 CLARKE COUNTY VTD: 002A PRECINCT 216-2A (Part) Tract: 0010. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 111, 112, 113, 114, 115, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 214 Tract: 0011. Block(s): 111, 112, 113, 114, 115, 201, 202, 203, 204 Tract: 0012. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223
Page 5536
Tract: 0015.02 Block(s): 306A, 418A, 419A VTD: 002B PRECINCT 216-2B (Part) Tract: 0011. Block(s): 303, 313, 314, 316 Tract: 0015.02 Block(s): 303A, 306B VTD: 003A PRECINCT 216-3A (Part) Tract: 0010. Block(s): 109, 110 Tract: 0011. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 116, 117 Tract: 0012. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117 VTD: 0217 PRECINCT 0217 (Part) Tract: 0011. Block(s): 317A, 317B, 317C Tract: 0015.02 Block(s): 301A, 301B, 302, 303B, 304, 305, 306C VTD: 144A PRECINCT 144B (Part) Tract: 0013.98 Block(s): 109, 110, 111 Tract: 0015.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418B, 419B Commissioner District: 8 CLARKE COUNTY VTD: 001A PRECINCT 216-1A (Part) Tract: 0015.01 Block(s): 307A VTD: 0217 PRECINCT 0217 (Part) Tract: 0015.01 Block(s): 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 516, 517, 518, 519, 520 Tract: 0015.02 Block(s): 216 VTD: 0218 PRECINCT 0218 (Part)
Page 5537
Tract: 0015.01 Block(s): 106, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 514, 515 VTD: 1899 PRECINCT 1899 (Part) Tract: 0015.01 Block(s): 101, 102, 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 201, 202, 206, 209, 210, 211, 212, 213, 214, 215, 216, 220, 221, 307B, 308, 309, 310, 311, 312, 401, 402, 403 Commissioner District: 9 This district shall be composed of Districts 1, 2, 3, and 4 combined. Commissioner District: 10 This district shall be composed of Districts 5, 6, 7, and 8 combined. (b) For purposes of this appendix: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
Page 5538
(4) Any part of Athens-Clarke County which is not included in any commissioner district described in this appendix shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Athens-Clarke County which is described in this appendix as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 4 . Said Act is further amended by striking Section 7-410 in its entirety and inserting in lieu thereof the following: Section 7-410. Continuing audit. The auditor shall conduct a continuing internal audit of the fiscal affairs and operations of every department, office, and agency of the unified government. The auditor shall present a monthly report of such continuing audit to the members of the commission and be prepared to respond to questions of the commission regarding such report. Section 5 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Athens-Clarke County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 6 . All laws and parts of laws in conflict with this Act are repealed.
Page 5539
PUBLIC NOTICE Notice is hereby given that the CEO and Commission of Athens Clarke County, Georgia intends to apply to the General Assembly of Georgia at the 1992 regular session thereof, for a passage of an amendment to the Charter of the Unified Government of Athens-Clarke County so as to reapportion the election districts of Athens-Clarke County. This notice is given pursuant to Section 28-1-14 OCGA and Article VI, Chapter 2 of the Charter of the Unified Government of Athens-Clarke County. Denny C. Galis Attorney for Athens-Clarke County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Louise McBee, who, on oath, deposes and says that she is Representative from the 68th 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 10, 1992. /s/ Mary Louise McBee Representative, 68th District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992.
Page 5540
CLARKE COUNTYBOARD OF EDUCATION; DISTRICTS; TITLES; AUDITS. No. 790 (House Bill No. 1493). AN ACT To amend an Act providing for the merger of the existing independent school system of the Mayor and council of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, so as to change the composition of the districts from which the members of the Board of Education of Clarke County are elected; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to change certain titles of members of the board; to provide for intent; to provide for a continuing internal audit and monthly report and an annual independent audit of the Clarke County School District and the board of education; to provide that the annual audit shall be available to the public; 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 merger of the existing independent school system of the Mayor and council of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, is amended by striking Section 5 in its entirety and inserting in lieu thereof the following: Section 5. (a) The Board of Education of Clarke County shall be composed of eight members to be elected as provided in this Act. For the purpose of electing members of the Board of Education of Clarke County, the Clarke County School District shall be divided into eight education districts as follows:
Page 5541
Education District: 1 CLARKE COUNTY VTD: 001A PRECINCT 216-1A (Part) Tract: 0014.02 Block(s): 720A Tract: 0015.01 Block(s): 301A VTD: 0217 PRECINCT 0217 (Part) Tract: 0015.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217 VTD: 0218 PRECINCT 0218 (Part) Tract: 0015.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 130, 201, 218, 219, 220, 221 VTD: 0219 PRECINCT 0219 (Part) Tract: 0003. Block(s): 101, 107 Tract: 0014.01 Block(s): 111, 112, 113, 114, 115, 117, 118, 144 Tract: 0014.02 Block(s): 201A, 203, 204, 208, 209, 210, 211, 212, 213, 214, 301, 302, 303, 304, 306, 307, 308, 404, 406, 407, 408, 414, 415, 416, 417 VTD: 0220 PRECINCT 0220 (Part) Tract: 0014.02 Block(s): 101, 102, 103, 104A, 104B, 105, 106A, 106B, 107, 108, 109, 110A, 110B, 111, 112, 113, 114, 115, 116, 118, 119, 201B, 202, 205, 206, 207, 216, 217, 218, 219, 401, 402, 403, 405, 409, 410, 411, 412, 413, 418B, 419B, 420, 501, 502, 503A, 503B, 504A, 504B, 505, 506A, 506B, 507, 508, 509A, 509B, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 601, 602, 603, 604, 608, 609, 612, 613, 614, 616, 617, 618, 701, 702, 703, 704, 705 VTD: 1899 PRECINCT 1899 (Part) Tract: 0014.02
Page 5542
Block(s): 605, 606, 607, 610, 611, 615, 707, 708, 711, 720B, 722, 723B, 726, 727, 728, 729, 731, 732 Tract: 0015.01 Block(s): 203, 204, 205, 207, 208, 217, 218, 219, 301B, 302 Education District: 2 CLARKE COUNTY VTD: 001A PRECINCT 216-1A (Part) Tract: 0003. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 355, 356, 357, 361 Tract: 0014.02 Block(s): 419A, 706A, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719A VTD: 001B PRECINCT 216-2B (Part) Tract: 0003. Block(s): 102A, 103A, 104, 105, 106A, 108, 109, 112, 113, 114A, 115A, 117A, 117B, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 331 Tract: 0014.02 Block(s): 418A VTD: 0219 PRECINCT 0219 (Part) Tract: 0003. Block(s): 102B, 102C, 103B, 106B, 114B, 115B Tract: 0014.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 116, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 145, 146, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253 VTD: 0020 PRECINCT 0220 (Part)
Page 5543
Tract: 0014.02 Block(s): 706B, 706C, 719B, 723A VTD: 1347 PRECINCT 1347 (Part) Tract: 0014.01 Block(s): 211, 212 Education District: 3 CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0001. Block(s): 106, 108, 109, 110, 111, 112, 113, 114, 115, 122, 123, 141 Tract: 0002. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138 Tract: 0005. Block(s): 102 Tract: 0006. Block(s): 110, 125, 126, 127, 128, 142, 143, 201, 202, 203, 217, 218, 219 VTD: 003B PRECINCT 216-3B (Part) Tract: 0005. Block(s): 103 Tract: 0006. Block(s): 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229 Tract: 0009. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243 VTD: 005A PRECINCT 216-5A (Part) Tract: 0006. Block(s): 118, 119, 120, 121, 122, 123, 124 Tract: 0009. Block(s): 114, 115, 220
Page 5544
VTD: 005B PRECINCT 216-5B (Part) Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113 Education District: 4 CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0001. Block(s): 118, 119, 120, 121, 124, 125, 126, 127, 136, 137, 138, 139, 140, 142, 143 Tract: 0004. Block(s): 102, 103, 104, 105, 106, 107, 108, 109 Tract: 0005. Block(s): 101 VTD: 001A PRECINCT 216-1A (Part) Tract: 0001. Block(s): 128, 129, 130, 131, 132, 133, 134, 135 Tract: 0003. Block(s): 346, 347, 348, 349, 350, 351, 352, 353, 354, 358, 359, 360 Tract: 0004. Block(s): 101, 110, 201, 202, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214A, 215, 217 Tract: 0015.01 Block(s): 303A VTD: 001B PRECINCT 216-2B (Part) Tract: 0001. Block(s): 101, 102, 103, 104, 105, 107, 116, 117 VTD: 002A PRECINCT 216-2A (Part) Tract: 0005. Block(s): 104, 105 VTD: 002B PRECINCT 216-2B (Part) Tract: 0004. Block(s): 218, 219, 220, 221 Tract: 0010. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228 Tract: 0011. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213,
Page 5545
214, 215, 216, 217, 218, 219, 301, 302, 304, 305, 306, 307, 308, 309, 310, 311 VTD: 0217 PRECINCT 0217 (Part) Tract: 0004. Block(s): 216, 222 VTD: 1899 PRECINCT 1899 (Part) Tract: 0004. Block(s): 203B, 214B Tract: 0015.01 Block(s): 303B, 304, 305, 306 Education District: 5 CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0002. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222 Tract: 0007. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125 Tract: 0008. Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 126, 127, 128, 129 Tract: 0013.02 Block(s): 108A, 108B, 108C, 108D, 108E, 117A, 117B, 118A, 118B, 119A, 120A, 120B, 120C, 120D, 120E, 120F, 121A, 121B, 121C, 121D, 121E, 125, 130A, 130B, 132A, 133A, 133B, 134, 135 VTD: 005A PRECINCT 216-5A (Part) Tract: 0006. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 111, 112, 113, 114, 115, 116, 117 Tract: 0007. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324,
Page 5546
325, 326, 327, 328, 901, 902, 903, 904, 905, 906, 907 Tract: 0008. Block(s): 201 VTD: 005B PRECINCT 216-5B (Part) Tract: 0008. Block(s): 124, 125, 130, 131, 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227 VTD: 0219 PRECINCT 0219 (Part) Tract: 0013.02 Block(s): 104, 128, 131, 133C VTD: 1347 PRECINCT 1347 (Part) Tract: 0013.02 Block(s): 101, 102, 103, 105, 106, 107, 108F, 109, 110, 111, 112, 113, 114, 115, 116, 117C, 118C, 119B, 120G, 123, 124, 126, 127, 129, 130C, 130D, 132B VTD: 144A PRECINCT 144B (Part) Tract: 0013.98 Block(s): 101, 102, 103, 104, 106, 107 Education District: 6 CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0008. Block(s): 102 Tract: 0013.02 Block(s): 201A, 205A, 206A, 209A, 210A, 210B, 211A, 318A VTD: 005B PRECINCT 216-5B (Part) Tract: 0008. Block(s): 209 Tract: 0013.02 Block(s): 320, 321, 322, 328A, 329, 330 VTD: 1347 PRECINCT 1347 (Part) Tract: 0013.02 Block(s): 122, 201B, 202, 203, 204, 205B, 206B, 207, 208, 209B, 210C, 211B, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318B, 319, 323, 324, 325, 326, 327,
Page 5547
328B VTD: 144A PRECINCT 144B (Part) Tract: 0013.98 Block(s): 105, 108, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 210, 501B VTD: 144B PRECINCT 144A (Part) Tract: 0013.98 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315, 316, 317A, 317B, 318A, 318B, 319, 401, 402, 403A, 403B, 404A, 404B, 405A, 405B, 406, 407A, 407B, 408, 409, 410, 411, 412, 501C, 502, 503, 504, 505, 506, 507, 508, 509 Tract: 0016.98 Block(s): 201B, 301C, 307B, 308B, 308D, 315B, 317B, 318B, 325B, 325D Education District: 7 CLARKE COUNTY VTD: 002A PRECINCT 216-2A (Part) Tract: 0010. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 111, 112, 113, 114, 115, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 214 Tract: 0011. Block(s): 111, 112, 113, 114, 115, 201, 202, 203, 204 Tract: 0012. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223 Tract: 0015.02 Block(s): 306A, 418A, 419A VTD: 002B PRECINCT 216-2B (Part) Tract: 0011. Block(s): 303, 313, 314, 316 Tract: 0015.02 Block(s): 303A, 306B VTD: 003A PRECINCT 216-3A (Part) Tract: 0010. Block(s): 109, 110
Page 5548
Tract: 0011. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 116, 117 Tract: 0012. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117 VTD: 0217 PRECINCT 0217 (Part) Tract: 0011. Block(s): 317A, 317B, 317C Tract: 0015.02 Block(s): 301A, 301B, 302, 303B, 304, 305, 306C VTD: 144A PRECINCT 144B (Part) Tract: 0013.98 Block(s): 109, 110, 111 Tract: 0015.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418B, 419B Education District: 8 CLARKE COUNTY VTD: 001A PRECINCT 216-1A (Part) Tract: 0015.01 Block(s): 307A VTD: 0217 PRECINCT 0217 (Part) Tract: 0015.01 Block(s): 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 516, 517, 518, 519, 520 Tract: 0015.02 Block(s): 216 VTD: 0218 PRECINCT 0218 (Part) Tract: 0015.01 Block(s): 106, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 514, 515 VTD: 1899 PRECINCT 1899 (Part) Tract: 0015.01 Block(s): 101, 102, 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 201, 202, 206, 209, 210, 211, 212, 213, 214, 215, 216, 220, 221, 307B, 308, 309, 310, 311, 312, 401, 402, 403
Page 5549
(b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Clarke County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Clarke County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Candidates offering for election to said board of education shall designate the education district for which they
Page 5550
are offering. There shall be elected one member from each of said districts. No person shall be eligible as a candidate for election to said board of education unless such person shall have been a bona fide resident of the education district for which such person is offering for at least one year immediately preceding the date of the election. If members of the board move their residence from the respective education districts which they represent, their respective positions on the board shall thereby become vacant, and such vacancies shall be filled as provided in subsection (g) of this section. Candidates shall be elected by a majority vote of the qualified voters voting within their respective education districts as provided in subsection (d) of this section. (d) The members of the board of education shall be nominated and elected in nonpartisan primaries and elections as provided for in Code Section 21-2-139 of the O.C.G.A. The primaries shall be held on the same date as the general primary in the years during which general primaries are held and the elections shall be held on the same date as the general election in the years during which general elections are held. Except for being elected from education districts as provided for in this section, each member of the board of education shall be nominated and elected at said nonpartisan primaries and elections as provided in the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.' (e) The initial members of the Board of Education of Clarke County provided for by this section shall be elected at the general election in November, 1992, and shall take office on the first day of January next following their election. In order to provide for staggered terms, the members elected to represent Education Districts No. 1, No. 2, No. 3, and No. 4 shall serve for initial terms of four years each and until their respective successors are elected and qualified. The members elected to represent Education Districts No. 5, No. 6, No. 7, and No. 8 shall serve for initial terms of two years each and until their respective successors are elected and qualified. All board of education members elected in subsequent elections after the general election of 1992 shall serve for terms of four years each and until their respective successors
Page 5551
are elected and qualified, so that four members of the board of education shall be elected at the general election held every two years. (f) In the event of a vacancy on the board of education for any reason, such vacancy shall be filled as follows: (1) If the vacancy occurs during the first 20 months of a term of office, the vacancy shall be filled for the unexpired term of office by the election of a successor at a special election in the education district wherein the vacancy occurred. Such special election shall be held on the same date as the election for school board members which is first held immediately following the occurrence of the vacancy. The remaining members of the board shall appoint a qualified resident of the education district wherein the vacancy exists to fill such vacancy until it is filled by election as provided in this paragraph. The special elections provided for in this paragraph and any run-off elections that may be necessary to determine a winner by majority vote of the voters voting within the applicable education district shall be held and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.' A person elected to fill a vacancy as provided in this paragraph shall take office on the first day of January immediately following the election to serve for the remainder of the unexpired term; or (2) If the vacancy occurs during the last 28 months of a term of office, the remaining members of the board shall appoint a qualified resident of the education district wherein the vacancy occurred to serve for the remainder of the unexpired term. (g) The president and vice-president of the Board of Education of Clarke County shall be elected from the membership of the board by a majority vote of the members. The president and vice-president shall be elected at the first regular meeting of the board held during January of each odd-numbered year and each shall serve until a successor is elected by the board as herein provided. The president shall
Page 5552
be compensated in the amount of $75.00 per meeting not to exceed $375.00 per month, and each of the other members shall be compensated in the amount of $50.00 per meeting not to exceed $250.00 per month. (h) Each member of the board of education, upon assuming office, shall take an oath faithfully to perform the duties of his office; said oath to be administered by the judge of the Superior Court of Clarke County or by the clerk of the same. The board of education shall hold regular monthly meetings on a date fixed by said board but may, by resolution, dispense with such meetings during June, July, and August of each year. The president may call special meetings upon 24 hours' written notice to the board members or shall call a special meeting upon written request of two-thirds of the board members. At all meetings a majority of the entire membership of said board shall constitute a quorum for the transaction of business. Section 2 . Said Act is further amended by striking the second paragraph of Section 24 in its entirety and inserting in lieu thereof a new second paragraph to read as follows: The auditor of the Clarke County School System shall conduct a continuing internal audit of the fiscal affairs and operations of the school system. The auditor shall present a monthly report to the members of the board on the fiscal affairs of the school system and shall be prepared to respond to questions of the board concerning such report. Annually, and at such other times as the board of education shall deem advisable, the board shall cause a full and complete audit to be made by a certified public accountant independent of the board, of the books and affairs of said school system. Copies of said audit shall be made available to the board of commissioners and shall be made available for public inspection at the offices of the board of education during regular business hours. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Clarke County to submit this Act to the United States Attorney General for approval. If, as of
Page 5553
the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. In the event that implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, the members of the board of education in office on the effective date of this Act shall continue to hold office until their successors are appointed and qualified or until enactment and approval of legislation and election and qualification of their successors thereunder. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION STATE OF GEORGIA ATHENS-CLARKE COUNTY Notice is hereby given that there will be introduced at the regular 1992 Session of the General Assembly of Georgia a bill to adjust the boundaries of the education districts of the Clarke County Board of Education, according to 1990 Census data; to provide for related matters including the designation of a President and a Vice-President of the Board of Education; and for other purposes. This 20th day of January, 1992. Edward D. Tolley President, Clarke County Board of Education GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Louise McBee, who, on oath, deposes and says that she is Representative from the 68th District, and that the attached copy of Notice of Intention
Page 5554
to Introduce Local Legislation was published in the Athens Daily News, which is the official organ of Clarke County, on the following date: January 24, 1992. /s/ Mary Louise McBee Representative, 68th District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. TALBOT COUNTYSUPERIOR COURT; CLERK; COMPENSATION. No. 795 (House Bill No. 1430). AN ACT To amend an Act placing the clerk of the Superior Court of Talbot County on an annual salary in lieu of the fee system of compensation, approved February 18, 1977 (Ga. L. 1977, p. 2744), so as to change the compensation of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the clerk of the Superior Court of Talbot County on an annual salary in lieu of the fee system of compensation, approved February 18, 1977 (Ga. L. 1977, p. 2744), is amended by striking Section 2 of said Act and inserting in lieu thereof a new Section 2 to read as follows:
Page 5555
Section 2. The clerk of the superior court shall receive an annual salary of $35,000.00, payable in equal monthly installments from county funds. Section 2 . This Act shall become effective on January 1, 1993. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act placing the clerk of the Superior Court of Talbot County on an annual salary in lieu of the fee system of compensation, approved February 18, 1977 (Ga. L. 1977, p. 2744); and for other purposes. This 28th day of January, 1992. LEONARD R. MEADOWS GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Leonard R. Meadows, who, on oath, deposes and says that he is Representative from the 91st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Talbotton New Era, which is the official organ of Talbot County, on the following date: January 30, 1992. /s/ Leonard R. Meadows Representative, 91st District
Page 5556
Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 6, 1992. ATLANTA JUDICIAL CIRCUITASSISTANT DISTRICT ATTORNEYS; COMPENSATION. No. 796 (House Bill No. 1398). AN ACT To amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor general of said circuit, approved August 11, 1924 (Ga. L. 1924, p. 255), as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 378), by an Act approved April 17, 1973 (Ga. L. 1973, p. 787), by an Act approved April 17, 1975 (Ga. L. 1975, p. 526), and by an Act approved April 10, 1978 (Ga. L. 1978, p. 2170), so as to provide that the salaries of assistant district attorneys in the Atlanta Judicial Circuit shall be fixed by the district attorney at not less than $10,000.00 nor more than $63,000.00 and the said maximum shall not be exceeded without the concurrence of the Board of Commissioners of Fulton County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor general of said circuit, approved August 11, 1924 (Ga. L. 1924, p. 255), as amended, particularly by an Act
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approved March 23, 1972 (Ga. L. 1972, p. 378), by an Act approved April 17, 1973 (Ga. L. 1973, p. 787), by an Act approved April 17, 1975 (Ga. L. 1975, p. 526), and by an Act approved April 10, 1978 (Ga. L. 1978, p. 2170), is amended by striking the second paragraph in Section 5 in its entirety and substituting in lieu thereof the following: The salaries of all of the assistant district attorneys shall be fixed by and in the discretion of the district attorney of the Atlanta Judicial Circuit at not less than $10,000.00 nor more than $63,000.00 per annum and said maximum amount shall not be exceeded without the concurrence of the Board of Commissioners of Fulton County. All such salaries so fixed shall be paid in equal monthly installments out of the treasury of Fulton County as part of the operating expenses of the court, the funds therefor to be provided in the same manner as the other operating expenses of said court. The district attorney may in writing designate any assistant district attorney compensated in whole or in part by Fulton County as first assistant district attorney, who shall, when and while so designated and acting for the district attorney, have the same powers as the district attorney. 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 1992 session of the General Assembly of Georgia a bill to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor general of said circuit, approved August 11, 1924 (Ga. L. 1924, p. 255), as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 378), by an Act approved April 17, 1975 (Ga. L. 1975, p. 526), and by an Act approved April 10, 1978, (Ga. L. 1978, p. 2170); and for other pruposes.
Page 5558
This 13th day of January, 1992. Honorable Mable Thomas Representative 31st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mable Thomas, who, on oath, deposes and says that she is Representative from the 31st 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 17, 1992. /s/ Mable Thomas Representative, 31st District Sworn to and subscribed before me, this 31st day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. TROUP COUNTYBOARD OF EDUCATION; DISTRICTS. No. 798 (Senate Bill No. 856). AN ACT To amend an Act providing a board of education of Troup County, approved January 22, 1986 (Ga. L. 1986, p. 3515), as amended, so as to reapportion the education districts;
Page 5559
to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; 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 board of education of Troup County, approved January 22, 1986 (Ga. L. 1986, p. 3515), as amended, is amended by striking Section 1 and inserting the following: Section 1. The board of education of Troup County shall be composed of six members who shall be elected as provided in this Act. For the purpose of electing members of the board, Troup County shall be divided into six education districts described as follows: Education District: 1 TROUP COUNTY VTD: 0005 WEST POINT (Part) Tract: 9610. Block(s): 138, 145, 286, 287, 301A, 302, 303, 304, 306, 307, 308, 309A, 309B, 310A, 310B, 311A, 311B, 312A, 312B, 313, 314, 315, 316, 317, 318, 319, 320A, 325A, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449 VTD: 0008 ROUGH EDGE (Part) Tract: 9611. Block(s): 102, 105, 106, 107, 108, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152,
Page 5560
153, 154, 208, 209, 210, 220, 221, 222, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269 VTD: 0011 LONG CANE (Part) Tract: 9609. Block(s): 521, 522, 523, 540, 729, 730, 735, 736 Tract: 9610. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 111, 112, 113, 114, 115, 133, 134, 135, 136, 137, 139, 144 VTD: 0013 GRAY HILL (Part) Tract: 9610. Block(s): 101, 119, 126, 142, 143, 154, 155, 156, 157, 158, 159, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 301B, 320B, 321, 322, 323, 324, 325B, 326 Tract: 9612.98 Block(s): 308C, 309B Education District: 2 TROUP COUNTY VTD: 0008 ROUGH EDGE (Part) Tract: 9606. Block(s): 128, 129, 130, 131, 132, 133, 139, 140, 142, 145, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157 Tract: 9607. Block(s): 335, 336, 421, 422, 423, 424, 425, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546 Tract: 9611. Block(s): 103, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 155, 156, 157, 158, 159, 160, 161, 162, 163, 201, 202, 203, 204, 205, 206, 207, 211, 212,
Page 5561
213, 214, 215, 216, 217, 218, 219, 223, 224, 225 VTD: 0009 MOUNTVILLE (Part) Tract: 9606. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 127, 134, 135, 136, 137, 138, 141, 162, 163 Tract: 9611. Block(s): 101, 104 VTD: 0013 GRAY HILL (Part) Tract: 9609. Block(s): 539, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558 Tract: 9610. Block(s): 116, 117, 118, 120, 121, 122, 123, 124, 125, 127, 128, 129, 130, 131, 132, 140, 141, 147, 148, 149, 150, 151, 152, 153, 160 Education District: 3 TROUP COUNTY VTD: 0006 HOGANSVILLE (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111B, 112, 113, 114, 115, 116B, 117B, 118B, 118C, 119B, 119C, 120, 121B, 122, 123, 124B, 126B, 127B, 127C, 128B, 128C, 131B, 133B, 133C, 135B, 135C, 137B, 138, 139B, 140B, 140C, 141A, 141B, 142B, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 201, 203, 204, 205, 206, 207B, 208, 209A, 209B, 209C, 210, 211, 212, 213A, 213B, 214B, 215, 216, 217B, 217C, 218, 219B, 220B, 221B, 221C, 221D, 503, 504, 519, 520, 521, 522, 523, 525A, 525B, 525C, 526B, 526C, 527, 546, 547, 548B, 549, 550B, 553B, 554B, 555, 556B, 557, 558, 559, 560, 561, 562, 564, 565, 566, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 591, 592 VTD: 0009 MOUNTVILLE (Part) Tract: 9605. Block(s): 101, 102, 103, 104, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184,
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185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195 Tract: 9606. Block(s): 160, 161 VTD: 0010 MCLENDON (Part) Tract: 9601. Block(s): 202, 501, 502, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 563, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 589, 590, 593, 594, 595, 596, 597 Tract: 9602. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130B, 132, 133, 134, 141, 142, 143, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 242, 243, 244, 268, 269, 270, 271, 272, 273, 274 Education District: 4 TROUP COUNTY VTD: 0001 LAGRANGE ONE (Part) Tract: 9604. Block(s): 107B, 109B, 110B, 110C, 110D VTD: 0007 EAST VERNON (Part) Tract: 9603. Block(s): 201B, 201C, 202B, 203, 204, 205B, 206, 207, 208C, 211B, 212, 213, 214C, 226B, 227B, 228B, 234, 235, 236, 301, 302, 303, 304, 305, 306B, 307B, 312B, 312C, 312D, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331 Tract: 9609. Block(s): 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423B, 423C, 424B, 425D, 425E, 425F, 425G, 427, 428, 430D, 430E, 430F, 433, 434, 515, 516, 517, 601, 602, 603, 604, 605, 606, 613, 614, 615 VTD: 0010 MCLENDON (Part)
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Tract: 9602. Block(s): 135B, 136, 137, 138, 275, 276, 277, 278, 279 VTD: 0012 WEST VERNON (Part) Tract: 9602. Block(s): 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 Tract: 9610. Block(s): 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227 Education District: 5 TROUP COUNTY VTD: 0001 LAGRANGE ONE (Part) Tract: 9604. Block(s): 102, 103, 104C, 105B, 106B, 114B, 121 VTD: 0002 LAGRANGE TWO (Part) Tract: 9609. Block(s): 203C, 204, 205B, 313B, 313C, 314B, 513C VTD: 0003 LAGRANGE THREE (Part) Tract: 9604. Block(s): 101, 120, 122, 123 Tract: 9605. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114B, 115, 116, 117, 118, 119, 120, 121, 122, 133, 134, 135, 136, 137, 138B, 139, 140, 141B, 142, 143, 144B, 164A, 196B, 196C, 197, 201, 202, 203B, 204, 205B, 205C, 205D, 205E, 206B, 206C, 208B, 209, 210, 211, 220B, 221, 301D, 301E, 301F, 301G, 301H, 301J, 303B, 307, 308 VTD: 0004 LAGRANGE FOUR (Part) Tract: 9607. Block(s): 310B VTD: 0007 EAST VERNON (Part) Tract: 9609. Block(s): 203D, 426B, 429B, 429C, 513D, 518B,
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524B, 524C, 526B, 527, 528, 529B, 530C, 530D, 531, 532, 533B, 561B, 564B VTD: 0008 ROUGH EDGE (Part) Tract: 9606. Block(s): 146, 147 VTD: 0009 MOUNTVILLE (Part) Tract: 9605. Block(s): 164B, 165, 166, 167, 168, 169 Tract: 9606. Block(s): 109, 110, 111, 112B, 113, 120, 121, 122, 123, 124, 125, 126, 143, 144, 158, 159 VTD: 0010 MCLENDON (Part) Tract: 9602. Block(s): 144, 145 VTD: 0011 LONG CANE (Part) Tract: 9609. Block(s): 520 VTD: 0013 GRAY HILL (Part) Tract: 9609. Block(s): 534, 535, 536, 537, 538 VTD: 0014 SUNNYSIDE (Part) Tract: 9605. Block(s): 153D, 153E, 153F, 154, 159, 160, 161B Tract: 9606. Block(s): 114B, 116B, 117B, 118, 119A, 119B, 201B, 214B, 215B VTD: 0015 HIGHLANDS (Part) Tract: 9607. Block(s): 301, 302, 303, 304, 305, 306, 307A, 307B, 308C, 315B, 316B, 316C, 317D, 318, 320B, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332B, 333, 334, 415C, 417, 418, 419, 420B, 420C, 501 Education District: 6 TROUP COUNTY VTD: 0005 WEST POINT (Part) Tract: 9610. Block(s): 146, 243, 244, 245, 261A, 261B, 262, 263, 264, 265, 267, 268, 269, 270, 271, 272A, 272B, 273A, 273B, 273C, 274, 275A, 275B, 276A, 276B,
Page 5565
277A, 277B, 278, 279, 280, 281, 282, 283, 284, 285, 288, 289, 292, 293, 305, 501, 502, 503, 504, 505A, 505B, 506A, 506B, 507, 508A, 508B, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593 VTD: 0007 EAST VERNON (Part) Tract: 9609. Block(s): 607, 608, 609, 610, 611, 612, 701, 702, 703, 704, 705, 707, 708, 709, 710, 711, 712, 713, 715, 737, 738, 739, 740 VTD: 0011 LONG CANE (Part) Tract: 9609. Block(s): 706, 714, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 731, 732, 733, 734 Tract: 9610. Block(s): 110, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 229, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 266, 290 VTD: 0012 WEST VERNON (Part) Tract: 9610. Block(s): 228, 230, 231, 291 For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the
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O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Troup County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Troup County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act providing for a Board of Education of Troup County, approved January 22, 1986 and designated as Act No. 772 of the regular 1986 session of the General Assembly (House Bill No. 1207), as amended by an Act approved March 5, 1986 and designated as Act 794 of the regular 1986 session of the
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General Assembly (House Bill 1899) so as to define the Troup County School District and to define the Troup County Board of Education Districts and other matters relative thereto; and for other purposes. This 4th day of March, 1992 /s/ A. Quillian Baldwin Jr. Honorable A. Quillian Baldwin Senator, 29th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Quillian Baldwin Jr., who, on oath, deposes and says that he is Senator from the 29th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News, which is the official organ of Troup County, on the following date: March 6, 1992. /s/ A. Quillian Baldwin, Jr. Senator, 29th District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 Approved April 6, 1992.
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MONROE COUNTYPROBATE COURT; JURISDICTION. No. 800 (House Bill No. 1045). AN ACT To amend an Act placing the judge of the Probate Court of Monroe County on an annual salary, approved March 30, 1977 (Ga. L. 1977, p. 4388), as amended, so as to provide that the probate court judge shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the judge of the Probate Court of Monroe County on an annual salary, approved March 30, 1977 (Ga. L. 1977, p. 4388), as amended, is amended by adding a new Section 3A to read as follows: Section 3A. The probate court judge of Monroe County shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty. 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 placing the judge of the Probate Court of Monroe County on an annual salary, approved March 30, 1977 (Ga. L. 1977, p. 4388), as amended; particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4032), so as to expand the jurisdiction of the Probate Court of Monroe County to include all
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misdemeanor cases where the defendant waives a jury trial and pleads guilty; and for other related purposes. This 25th day of February, 1991. /s/ Curtis S. Jenkins Representative, 80th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Curtis S. Jenkins, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County, on the following date: February 27, 1991. /s/ Curtis S. Jenkins Representative, 80th 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 6, 1992.
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RICHMOND COUNTYJUDGE EMERITUS OF THE CIVIL AND MAGISTRATE COURT OF RICHMOND COUNTY. No. 801 (House Bill No. 914). AN ACT To amend an Act providing for procedures whereby a Judge of the Municipal Court, City of Augusta, Richmond County, and the Civil Court of Richmond County shall be eligible to become a Judge Emeritus of such courts, approved April 10, 1971 (Ga. L. 1971, p. 3872), so as to substantially revise such Act; to provide for eligibility for the office of Judge Emeritus of the Civil and Magistrate Court of Richmond County; to provide procedures for electing such office; to provide for the filling of vacancies in such office; to provide for duties of such office; to provide certain restrictions; to provide for compensation; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for procedures whereby a Judge of the Municipal Court, City of Augusta, Richmond County, and the Civil Court of Richmond County shall be eligible to become a Judge Emeritus of such courts, approved April 10, 1971 (Ga. L. 1971, p. 3872), is amended by striking in their entirety Section 1 through Section 7 and inserting in lieu thereof the following: Section 1. Any judge of the Civil and Magistrate Court of Richmond County, formerly known as the Municipal Court, City of Augusta, Richmond County, whether appointed or elected or both, who has at least ten years of service as judge of such court and who is still in service as judge of such court shall be eligible to become Judge Emeritus at his discretion at any time. Any such judge may elect to and become a Judge Emeritus of such court by presenting to the Board of Commissioners of Richmond County satisfactory
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evidence of eligibility. More than one judge may hold the position of Judge Emeritus simultaneously, provided that each such judge meets all requirements of holding said position. Section 2. When a judge becomes Judge Emeritus during his term of office, he shall notify in writing the Governor of his election, who shall fill such office by appointment for the unexpired term. If a judge elects to become Judge Emeritus upon the expiration of his then present term of office, the vacancy shall be filled by election as provided by law. Section 3. A Judge Emeritus of the Civil and Magistrate Court of Richmond County shall be empowered, qualified, and authorized to hold court for the State Court of Richmond County, whenever the Chief Judge of such court considers the condition of the docket congested to the extent that the services of an extra judge are needed; when said Chief Judge feels that the needs of justice will be best met by a Judge Emeritus presiding; or when said Chief Judge is disqualified by law. The Judge Emeritus may be called into service in the State Court of Richmond County by order passed by the Chief Judge of said court. Section 4. By order of the Chief Judge of the Civil and Magistrate Court of Richmond County, a Judge Emeritus may be called into trial service in such court by way of request. If the Chief Judge is so incapacitated that he cannot issue such request order, then the Presiding Judge of such court shall be empowered to issue such order. If the Presiding Judge is so incapacitated that he cannot issue such request order, the Chief Judge of the Superior Court of Richmond County is empowered to issue an order requesting the services of a Judge Emeritus. Section 5. A Judge Emeritus shall not hold any compensating position with the State of Georgia, the United States of America, Richmond County, or the City of Augusta or any agencies thereof, except upon taking a leave of absence as Judge Emeritus and waiving and relinquishing compensation during such leave of absence. A Judge Emeritus shall be disqualified from engaging in the practice of law in the State Court of Richmond County and the Civil and Magistrate
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Court of Richmond County unless he takes a permanent leave of absence as Judge Emeritus and waives and relinquishes compensation during such permanent leave of absence. For the purpose of this section, the term `compensating position' shall not include receipt of any deferred compensation, pension, annuity, or retirement benefit which may accrue to the Judge Emeritus. Section 6. A Judge Emeritus of the Civil and Magistrate Court of Richmond County shall receive as compensation for his position 40 percent of the total amount received for services as a regular judge computed on the 12 month period immediately preceding his declaration as Judge Emeritus based upon total remuneration received by such judge, including salary for services in the civil court as well as any salary supplement for services in the magistrate court and any other supplement authorized and paid by the Board of Commissioners of Richmond County. Additional compensation shall accrue to such Judge Emeritus at the rate of 1.333 percent of said salary per year for each year of service in addition to the first ten years, the total remuneration not to exceed 60 percent of his salary as a regular judge. Remuneration for a Judge Emeritus shall be paid out of the treasury of Richmond County. Any period of time served as a judge of the Civil and Magistrate Court of Richmond County prior to July 1, 1992, shall be deemed creditable service for purposes of computing term of service and salary pursuant to this Act. Section 2 . This Act shall become effective on July 1, 1992, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1992, as required by subsection (a) of Code Section 47-20-50. 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 hereby given that there will be introduced at the regular 1991 Session of the General Assembly of Georgia a Bill to amend the Act pertaining to the Civil and Magistrate Court of Richmond County, Georgia, formerly known as the Municipal Court, City of Augusta, Richmond County, Georgia, as found in Ga. Laws 1971, p. 3872-3875, to provide for changes in regard to the procedures whereby a Judge of the Civil and Magistrate Court of Richmond County, Georgia, formerly known as the Municipal Court, City of Augusta, Richmond County, Georgia, shall be eligible to become a Judge Emeritus of such court; to provide for the powers, duties and responsibilities of such judges emeritus; to provide for the compensation of such judges emeritus; to repeal conflicting laws, to provide for an effective date; and for other purposes. This 7th day of February, 1991. ROBERT C. DANIEL, JR., County Attorney for Richmond County, Georgia February 14, 1991 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Connell, who, on oath, deposes and says that he is Representative from the 87th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following date: February 14, 1991. /s/ Jack Connell Representative, 87th District
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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 6, 1992. HART COUNTYHOMESTEAD EXEMPTION; COUNTY AND SCHOOL DISTRICT TAXES; REFERENDUM. No. 803 (House Bill No. 1983). AN ACT To provide for homestead exemptions from Hart County ad valorem taxes for county purposes and from Hart 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 a referendum; 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 Hart County, including but not limited to taxes to retire bonded indebtedness, but not including county school district ad valorem taxes for educational purposes.
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(2) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Hart 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. Section 2 . Each resident of Hart County who is 65 years of age or older is granted an exemption on that person's homestead from all Hart County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of that homestead. Section 3 . Each resident of the Hart County School District who is 65 years of age or older is granted an exemption on that person's homestead from all Hart County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead. Section 4 . The tax commissioner of Hart County or the designee thereof shall provide application forms for the exemptions granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemptions. Section 5 . The exemptions shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemptions shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. Section 6 . The exemptions granted by this Act shall not apply to or affect any state taxes. Section 7 . The exemptions granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Hart County ad valorem taxes for county purposes or Hart County School District ad valorem taxes for educational purposes.
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Section 8 . The exemptions 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 Hart County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Hart County and the Hart County School District for approval or rejection. The election superintendent shall conduct that election on the date of 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 Hart 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) Hart County ad valorem taxes for county purposes in the amount of $10,000.00 for qualified residents who are 65 or older and (2) Hart County School District ad valorem taxes for educational purposes in the amount of $10,000.00 for qualified residents who are 65 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 Sections 1 through 8 of this Act, then Sections 1 through 8 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, 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. In the event the election provided for in this section is not conducted on or before the Tuesday after the
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first Monday in November, 1992, this Act shall stand repealed in its entirety on December 31, 1992. The expense of such election shall be borne by Hart County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. 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 1992 session of the General Assembly of Georgia a bill to provide for homestead exemptions from Hart County ad valorem taxes for county purposes and from Hart County school district ad valorem taxes for educational purposes for certain qualified residents; and for other purposes. This 17th day of February, 1992. Honorable Alan T. Powell Representative, 13th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan T. Powell, who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun, which is the official organ of Hart County, on the following date: February 19, 1992. /s/ Alan T. Powell Representative, 13th District
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Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. GLYNN COUNTYBOARD OF EDUCATION; ELECTION; TERMS; DISTRICTS; POWERS; QUALIFICATIONS; OFFICERS; SUPERINTENDENT OF SCHOOLS; COMPENSATION; AUDITS. No. 804 (House Bill No. 1980). AN ACT To amend an Act entitled An Act to consolidate and amend `An Act to regulate public instruction in the County of Glynn,' approved February 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned, approved August 12, 1914 (Ga. L. 1914, p. 275), as amended, particularly by an Act approved August 15, 1921 (Ga. L. 1921, p. 487), an Act approved August 20, 1923 (Ga. L. 1923, p. 240), an Act approved August 3, 1923 (Ga. L. 1923, p. 243), an Act approved April 8, 1965 (Ga. L. 1965, p. 3308), an Act approved April 11, 1979 (Ga. L. 1979, p. 3467), an Act approved April 9, 1981 (Ga. L. 1981, p. 4331), and an Act approved March 18, 1985 (Ga. L. 1985, p. 3860), so as to provide for the election and terms of the members of the Board of Education of Glynn County; to provide for the members in office on the effective date of this Act; to provide for election districts; to provide for the powers and authority of the board of education; to provide for qualifications of board members; to provide for a chairman and vice chairman; to provide for the election and term of the superintendent of schools; to provide for the duties and responsibilities of the superintendent of schools; to provide for compensation
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and reimbursable expenses for members of the board of education and superintendent; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act entitled An Act to consolidate and amend `An Act to regulate public instruction in the County of Glynn,' approved February 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned, approved August 12, 1914 (Ga. L. 1914, p. 275), as amended, particularly by an Act approved August 15, 1921 (Ga. L. 1921, p. 487), an Act approved August 20, 1923 (Ga. L. 1923, p. 240), an Act approved August 3, 1923 (Ga. L. 1923, p. 243), an Act approved April 8, 1965 (Ga. L. 1965, p. 3308), an Act approved April 11, 1979 (Ga. L. 1979, p. 3467), an Act approved April 9, 1981 (Ga. L. 1981, p. 4331), and an Act approved March 18, 1985 (Ga. L. 1985, p. 3860), is amended by striking Sections 1 through 13 and 15 through 18; by striking Section 14, except for the Act amending Section 14, approved March 6, 1962 (Ga. L. 1962, p. 3045), which amendment is designated as Section 5 of this Act; and inserting in their respective places new Sections 1 through 4 to read as follows: Section 1. (a) The Board of Education of Glynn County shall be composed of ten elected members. Each member shall serve for a term of four years until his or her successor is elected and qualified. The members of the board who are in office on the effective date of this Act shall serve until the expiration of the term of office for which they were elected. (b) For the purpose of electing the members of the board of education, Glynn County shall be divided into five education districts. Education Districts 1, 2, 3, 4, and 5 shall correspond to County Commissioner Districts 1, 2, 3, 4, and 5, respectively, as provided in an Act creating a Board of Commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended by an Act approved March 18, 1976 (Ga. L. 1976, p. 2949), and as may hereafter be amended. Within each education district there shall be
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two posts which shall be designated 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, and 5B, respectively, at the general election in 1992 and at the general election every fourth year thereafter. Five members of the board shall be elected to represent posts 1A, 2A, 3A, 4A, and 5A, respectively, at the general election in 1992 and at the general election every fourth year thereafter. Five members of the board shall be elected to represent posts 1B, 2B, 3B, 4B, and 5B, respectively, at the general election in 1994 and at the general election every fourth year thereafter. Each candidate for election to the board of education shall be a resident of Glynn County and the respective education district which he or she seeks to represent and shall be elected only by the qualified electors of such education district. All elections shall be conducted in accordance with Chapter 2 of title 21 of the O.C.G.A., the `Georgia Election Code,' as now or hereafter amended. (c) In the event a vacancy occurs on the board for any reason other than the expiration of a term of office, the remaining members of the board shall select a successor to fill such vacancy until the next general election and until the successor is duly elected and qualified. Individuals selected by the board to fill vacancies on the board shall be residents of Glynn County and the election districts which they represent and otherwise shall have the same qualifications as required for candidates seeking election to the board. (d) A chairman and vice chairman shall be elected by the board annually at its first meeting in January. The vice chairman shall act as chairman in the absence or disqualification of the chairman. The chairman shall preside at each meeting of the board and have the duties and authority prescribed by general law and such other duties and responsibilities as may be assigned by the board. (e) The members of the board shall receive an annual salary for their services as now or hereafter provided by law. While meeting or traveling outside of Glynn County the board shall receive reimbursement for actual expenses not to exceed a reasonable amount necessarily incurred.
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Section 2. The Board of Education of Glynn County shall have all the power and authority to manage the public schools of Glynn County as provided by the Constitution of Georgia and by general law. Section 3. The Board of Education of Glynn County shall elect the superintendent of schools of Glynn County who shall serve either at the pleasure of the board or for such term of office as the board may determine by contract with the superintendent so elected. The superintendent of schools shall have all the duties and responsibilities provided by the Constitution of Georgia and by general law and such other duties and responsibilities as specified by the board. The superintendent shall receive such compensation as the board may provide annually or by contract. Section 4. The Board of Education of Glynn County shall, by the first day of October of each year, have made and completed by an independent certified public accountant or an independent firm of certified public accountants, not a member or employee of said board, an audit of its books and financial transactions covering a period of one year preceding the previous first day of July. Such audit shall be made in accordance with generally accepted accounting principles and auditing standards. It shall be the duty of the board to immediately transmit to the governing authority of the City of Brunswick and the governing authority of Glynn County completed copies of said auditor's report and to transmit a like copy to the next grand jury of the 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 1992 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to regulate public instruction in the County of Glynn, approved February 21, 1873 (Ga. L. 1873, p. 256), as amended; and for other purposes.
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This 24th day of February, 1992. WILLOU SMITH Honorable Willou Smith Representative, 156th District 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 25, 1992. /s/ Ron Fennel Representative, 155th District Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. CITY OF DOUGLASCITY COMMISSIONERS; TERMS; ELECTIONS. No. 805 (House Bill No. 1973). AN ACT To amend an Act creating the charter for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p. 177), as amended, particularly by an Act approved February 29, 1968
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(Ga. L. 1968, p. 2085), and particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2491), so as to continue the two-year term of office for city commissioner; to conform city election dates to state law; 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 charter for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p. 177), as amended, particularly by an Act approved February 29, 1968 (Ga. L. 1968, p. 2085), and particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2491), is amended by striking Sections 5 and 6 in their entirety and inserting new sections to read as follows: Section 5. Five city commissioners shall be elected on the Tuesday next following the first Monday in November in odd-numbered years and shall take office on the first day of January in the year following their election. Notwithstanding Code Section 21-3-62 of the O.C.G.A., commissioners elected in 1991 shall complete the terms for which they were elected on December 31, 1993, and their successors shall take office on January 1, 1994, under the authority of this local Act in accordance with Code Section 21-3-64 of the O.C.G.A. Notwithstanding Code Section 21-3-63 of the O.C.G.A., the commissioners shall continue to serve two-year terms under the authority of this local Act in accordance with Code Section 21-3-64 of the O.C.G.A. Section 6. The election of the board of commissioners shall be held under the supervision and control of the board of commissioners of said city, subject to the laws of force for holding elections for commissioners for said city. In the event any candidate fails to receive a majority of the votes cast at said election, said board of commissioners shall call for a run-off election between the two candidates who received the highest number of votes at said election. Said run-off election shall be held seven days after the first election, and the candidate receiving the majority of the votes cast at said run-off election shall be declared the winner. In the
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event there is a tie vote between any two candidates at said run-off election, another election shall be called by said board of commissioners, which shall be held not more than seven days after the run-off election, for the purpose of determining between the candidates receiving the same number of votes at said run-off election. Further elections may be called and held as often as may be necessary to break a tie vote between candidates, and the members of the board of commissioners who received a majority of the votes cast at the election or at a run-off election held subsequently shall take office on the first day of January of the following year and shall constitute the board of commissioners of the City of Douglas until all members shall have been elected by a majority of the qualified electors voting at said election and run-off elections. 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 the undersigned intends to introduce local legislation for the City of Douglas so as to allow the Mayor and Commission of the City of Douglas to continue serving two (2) year terms. This legislation is required pursuant to O.C.G.A. 21-3-64. Representative Van Streat District 139 Georgia House of Representatives GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Van Streat, Sr., who, on oath, deposes and says that he is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas Enterprise, which is the official organ of Coffee County, on the following date: February 26, 1992.
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/s/ Van Streat, Sr. Representative, 139th District Sworn to and subscribed before me, this 28th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. CITY OF BUTLERMAYOR AND COUNCIL; ELECTIONS; TERMS; DISTRICTS; MUNICIPAL COURT; JUDGE'S QUALIFICATIONS; PENALTIES. No. 806 (House Bill No. 1800). AN ACT To amend an Act providing for a new charter for the City of Butler, approved March 24, 1988 (Ga. L. 1988, p. 4202), so as to change the composition of the council districts from which the members of the city council are elected; to provide for definitions and insertions; to provide for election of the mayor and council; to provide for terms; to change certain qualifications for the judge of the municipal court; to change the penalties which may be imposed by the municipal court; to provide for related matters; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a new charter for the City of Butler, approved March 24, 1988 (Ga. L. 1988, p. 4202),
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is amended by striking Section 2.03 in its entirety and inserting in lieu thereof the following: Section 2.03. Elections. (a) The mayor and councilmembers in office on the effective date of this Act shall continue to serve until the special election provided for in subsection (d) of this section is held and their successors are elected and qualified. (b) For the purpose of electing the five members of the city council, the City of Butler shall consist of two council districts. District 1 shall contain two numbered posts, designated as Post 1 and Post 2, and District 2 shall contain three numbered posts, designated as Post 3, Post 4, and Post 5. The election districts shall be as follows: Council District: 1 TAYLOR COUNTY VTD: 0001 1 (Part) Tract: 9503. Block(s): 106A, 112A, 117A, 118, 119, 120A, 126, 127, 128, 129, 130, 142, 143, 201B, 223A, 228A, 229A, 230, 231, 232A, 233, 234, 235, 245, 246A, 250A, 256, 257 Council District: 2 TAYLOR COUNTY VTD: 0001 1 (Part) Tract: 9503. Block(s): 112B, 125, 236, 237, 238, 239, 240, 242, 251A, 252, 253, 254, 255, 301, 302, 303, 304, 305, 331, 333 VTD: 0006 6 (Part) Tract: 9503. Block(s): 131A, 132, 241, 243, 244, 258, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 332, 334, 335, 336A, 337, 338, 339, 340, 341, 342, 343, 344
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(c) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any council district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of the City of Butler which is not included in any council district described in this section shall be included within that council district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of the City of Butler which is described in this section as being included in a particular council district shall nevertheless not be included within such council district if such part is not contiguous to such council district. Such noncontiguous part shall instead be included within that council district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (d) Each person seeking election to the council shall designate the post for which such person seeks election. The
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person who receives a majority of the votes cast for mayor shall be elected mayor and the person who receives a majority of the votes cast for each post shall be elected to that post. Persons so elected shall serve for terms of office of four years and until their successors are elected and qualified. In the event no candidate receives a majority of the votes cast for an office, a run-off election shall be held in accordance with Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' (e) (1) A special municipal election shall be held in 1992 for the purpose of electing a mayor and five councilmembers. The special election shall be held, unless prohibited by the federal Voting Rights Act of 1965, as amended, 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. (2) At the special election provided for in paragraph (1) of this subsection, members of the council representing Post 1, Post 2, and Post 3 shall be elected for an initial term expiring December 31, 1995, and until their successors are elected and qualified, and the mayor and members of the council representing Post 4 and Post 5 shall be elected for an initial term expiring December 31, 1993, and until their successors are elected and qualified. The mayor and members of the council elected at the special election provided for in paragraph (1) of this subsection shall take office at the first council meeting following their election. (3) Thereafter, the mayor and all members of the council shall be elected for terms of office of four years at the general election immediately preceding the expiration of their terms of office. Section 2 . Said Act is further amended by striking Section 5.01 in its entirety and inserting in lieu thereof the following: Section 5.01. Regular elections. The regular election for mayor and city council, or for councilmembers, as the
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case may be, shall be held on the first Tuesday following the first Monday in November of each odd-numbered year. Officials elected at any regular election shall take office at the first regular council meeting following such election. Section 3 . Said Act is further amended by striking subsection (a) of Section 6.02 in its entirety and inserting in lieu thereof the following: (a) No person shall be qualified or eligible to serve as judge of the municipal court unless he or she has attained the age of 21 years. The judge shall be appointed by the mayor and council and shall serve at the discretion of the mayor and council. The compensation of the judge shall be fixed by the mayor and council. Nothing contained in this charter shall disqualify the mayor or any councilmember from serving as judge or judge pro tempore. Section 4 . Said Act is further amended by striking Section 6.03 in its entirety and inserting in lieu thereof the following: Section 6.03. Jurisdiction. The judge shall have power to impose fines, costs, and forfeitures for the violation of any law or ordinance of the City of Butler passed in accordance with this charter, for each offense, in an amount not to exceed $1,000.00, to imprison offenders for a period of not more than 60 days, or to labor on the roads and streets or other public works of said city for not more than 60 days, and said judge shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said judge shall not have the authority to inflict a greater punishment for contempt than to impose a fine of $200.00 or imprisonment not exceeding 20 days, or any combination of the two. He shall be to all intents and purposes a magistrate so far as to enable him to issue warrants for offenses committed within the limits of the City of Butler, which warrants may be executed by any officer of said city and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction. The municipal court shall also have concurrent jurisdiction with that of
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magistrates over offenses against the criminal cases of the state committed within the corporate limits. Except as may be otherwise specified, the judge is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Butler. The municipal court is specifically vested with all jurisdiction and powers throughout the entire area within the corporate limits granted by state laws generally to municipal courts and particularly such laws as authorize the abatement of nuisances. Said judge is authorized to administer oaths. Section 5 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of the City of Butler to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 session of the General Assembly of Georgia a bill to amend the City Charter of the City of Butler. This 15th day of January, 1992. HONORABLE WARD EDWARDS REPRESENTATIVE 112th DISTRICT GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ward Edwards, who, on oath, deposes and says that he is Representative from the 112th
Page 5591
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: January 23, 1992. /s/ Ward Edwards Representative, 112th District Sworn to and subscribed before me, this 19th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. CITY OF ALPHARETTABOARDS, COMMISSIONS, AND AGENCIES; BYLAWS, RULES, AND REGULATIONS. No. 808 (House Bill No. 1732). AN ACT To amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, so as to provide that the mayor and city council may promulgate bylaws, rules, and regulations governing the affairs of boards, commissions, and agencies of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta,
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Georgia, in the County of Fulton and creating a new charter for said city, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, is amended by striking subsection (h) of Section 3.11 and inserting in lieu thereof a new subsection (h) to read as follows: (h) Except as otherwise provided by this charter or by general state law, each board, commission, or agency of the city shall elect one of its members as chairman and one member as vice chairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. The mayor and city council may, by resolution or ordinance, establish such bylaws, rules, and regulations, not inconsistent with this charter or general state law, governing the conduct of affairs of each board, commission, or agency of the city. 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 1992 session of the General Assembly of Georgia a bill to amend an Act consolidating, creating, revising and superseding the several acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new Charter for said City, approved April 9, 1981, (Ga. L. 1981, Page 4609), as amended, so as to provide that the Mayor and City Council may promulgate bylaws and rules and regulations governing the affairs of boards, commissions and agencies of the City. This 31st day of January, 1992. Honorable Thomas R. Campbell, Jr. Representative, 23rd District
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas R. Campbell, Jr., who, on oath, deposes and says that he is Representative from the 23rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: February 6, 1992. /s/ Thomas R. Campbell, Jr. Representative, 23rd District Sworn to and subscribed before me, this 17th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. MCINTOSH COUNTYBOARD OF ELECTIONS; CREATION. No. 810 (House Bill No. 1720). AN ACT To provide for a board of elections for McIntosh County; to define its powers and duties concerning primaries and elections; to provide that it shall be a successor to the previous board of elections; to provide a method for appointment, resignation, and removal of its members; to provide for qualifications and terms of its members; to provide that certain members appointed under the provisions of a previous Act shall complete the terms for which they were appointed; to provide for a chair, clerical assistants, and other employees; to provide for compensation
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for such persons and the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . There is created a board of elections for McIntosh County which shall have jurisdiction over the conduct of primaries and elections in McIntosh County. The board created by this Act shall be the successor to the board of elections created by an Act approved March 13, 1976 (Ga. L. 1976, p. 3636). Section 2 . The board of elections shall be composed of five members, each of whom shall be an elector and resident of the county, and who shall be appointed by the governing authority in the county as provided in this Act. The members of the board shall serve for terms of office of four years and until their successors are duly appointed and qualified. The board shall select one of their members to serve as chair at the pleasure of the board. The members appointed to the board under the provisions of an Act approved March 13, 1976 (Ga. L. 1976, p. 3636), who are in office on July 1, 1992, shall be deemed to be members of the successor board created by this Act and shall complete the terms of office for which they were appointed. Section 3 . No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member's qualifying as a candidate for elective public office. Section 4 . The appointment of each member shall be made by the board of county commissioners filing an affidavit with the clerk of the superior court, no later than 15 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such appointed member to the Secretary
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of State and provide for the issuance of appropriate commissions to the members, within the same time and in the same manner as provided by law for registrars. Section 5 . Each member of the board shall be eligible for successive terms and shall have the right to resign at any time by giving written notice of resignation to the board of county commissioners and to the clerk of the superior court, and shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars. Section 6 . In the event a vacancy occurs in the office of any appointed member before the expiration of the term for which the member was appointed, by removal, death, resignation, or otherwise, the board of county commissioners shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 2 of this Act. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members. Section 7 . Before entering upon the duties of office, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Section 8 . The board of elections shall: (1) With regard to the preparation for conduct and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the county election superintendent pursuant to Title 21 of the O.C.G.A., as now or hereafter amended, or any other provision of law, or both. (2) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and incumbent upon the county election superintendent by Title 21 of the O.C.G.A., as now or hereafter amended.
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Section 9 . The board shall be responsible for the selection, appointment, and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party. Section 10 . The chair of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Section 11 . Compensation for the members of the board of elections, clerical assistants, and other employees shall be such as may be fixed by the governing authority of the county. Said compensation shall be paid wholly from county funds. Section 12 . The governing authority of the county shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. Section 13 . The words election, elector, political party, primary, public office, special election, and special primary shall have the same meaning ascribed to those words by Code Section 21-2-2 of the O.C.G.A., as amended, unless otherwise clearly apparent from the text of this Act. Section 14 . This Act shall become effective on July 1, 1992. Section 15 . All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide for a board of elections for McIntosh County as a successor to the previous board of elections established by an Act creating a board of elections for counties having a population of not less than 7,330 nor more than 7,550 according to the United States decennial census of 1970 or any future such census, approved March 31, 1976 (Ga. L. 1976, p. 3636); and for other purposes. This 5 day of February, 1992. /s/ Willou Smith Honorable Willou Smith Representative, 156th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Willou Smith, who, on oath, deposes and says that she is Representative from the 156th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Darien News, which is the official organ of McIntosh County, on the following date: February 13, 1992. /s/ Willou Smith Representative, 156th District Sworn to and subscribed before me, this 13th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992.
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CITY OF WOODSTOCKCORPORATE LIMITS. No. 813 (House Bill No. 1603). AN ACT To amend an Act reincorporating and re-creating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, so as to deannex and exclude 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 reincorporating and re-creating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, is amended by adding a new subsection at the end of Section 1.11, to be designated subsection (e), to read as follows: (e) Notwithstanding any other provision of this section to the contrary, the following property is deannexed and excluded from the corporate limits of the City of Woodstock: ALL THAT TRACT or parcel of land lying and being in Land Lots 1218 and 1159 of the 15th District, 2nd Section, Cherokee County, Georgia, and being more particularly described as follows: BEGINNING AT AN IRON PIN FOUND AT THE INTERSECTION OF THE southwestern right-of-way of Georgia Highway #92 and the east Land Lot Line of Land Lot 1218, said District and Section; running thence south 01 degrees 31 minutes 16 seconds west along the east Land Lot Line of Land Lot 1218, 470.81 feet to an iron pin; thence north 68 degrees 08 minutes 03 seconds west 218.42 feet to an iron pin; thence north 04 degrees 01 minutes 41 seconds west 205.74 feet to an iron pin; thence North 35 degrees 55 minutes 26 seconds west 352.93 feet to a point on the south side of Georgia Highway #92; thence easterly and southeasterly along the
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southerly and southwesterly side of Georgia Highway #92, 450.0 feet to an iron pin found and the POINT OF BEGINNING. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act reincorporating and re-creating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended; and for other purposes. This 3rd day of Feb., 1992. 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: February 5, 1992. /s/ Steve Stancil Representative, 8th District
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Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. BIBB COUNTYJUVENILE COURT; INTAKE AND PROBATION SERVICES; TRANSFER. No. 814 (House Bill No. 1578). AN ACT To approve the transfer of the intake and probation services of the Juvenile Court of Bibb County to the Department of Human Resources to become a part of the state-wide juvenile intake and probation services and fully funded through the department; to provide conditions under which this Act shall become effective; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Pursuant to the authority provided under Code Section 15-11-9.1 of the Official Code of Georgia Annotated, the transfer of the intake and probation services of the Juvenile Court of Bibb County to the Department of Human Resources to become a part of the state-wide juvenile intake and probation services and to be fully funded by the department is approved. Section 2 . This Act shall become effective only when Code Section 15-11-9.1 of the Official Code of Georgia Annotated becomes effective as provided in Section 2 of the Act approved
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April 23, 1991 (Ga. L. 1991, p. 1823), but under no circumstances shall this Act become effective prior to July 1, 1992. Section 3 . All laws and parts of laws in conflict with this Act are repealed. GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that the Board of Commissioners of Bibb County, Georgia, will seek the passage of legislation at the 1992 Session of the General Assembly of Georgia of a bill entitled AN ACT OF THE GENERAL ASSEMBLY OF GEORGIA TO APPROVE THE TRANSFER OF THE INTAKE AND PROBATION SERVICES OF THE JUVENILE COURT OF BIBB COUNTY TO THE DEPARTMENT OF HUMAN RESOURCES TO BECOME A PART OF THE STATE-WIDE JUVENILE INTAKE AND PROBATION SERVICES AND FULLY FUNDED THROUGH THE DEPARTMENT OF HUMAN RESOURCES; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING LAWS AND FOR OTHER PURPOSES. Any germane amendment to such proposal may be considered and adopted by the General Assembly. This 21st day of January, 1992. BOARD OF COMMISSIONERS OF BIBB COUNTY GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover, Jr., who, on oath, deposes and says that he is Representative from the 99th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph, which is the official organ of Bibb County, on the following date: January 24, 1992.
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/s/ Denmark Groover, Jr. Representative, 99th District Sworn to and subscribed before me, this 6th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 6, 1992. CITY OF EATONTONMAYOR AND ALDERMEN; ELECTIONS; WARDS; TERMS. No. 818 (Senate Bill No. 690). 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 provide for the election of the mayor and aldermen of the City of Eatonton; to provide for the election of certain aldermen from wards; to provide for terms of office; to provide procedures; to provide for description of wards; to confirm the provisions for the election of the mayor and aldermen to the provisions of Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code; 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 Eatonton, approved August 5, 1908 (Ga. L. 1908, p. 620), as amended, is amended by striking in its entirety
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subsection (1) of Section 6 and inserting in lieu thereof a new subsection (1) to read as follows: (1) (a) (I) For the purpose of electing the aldermen of the City of Eatonton, said city is divided into four wards as follows: WARD NO. ONE: The boundary of ward one shall be a line beginning at a point where Georgia Highway #16, which is also known as Sumter Street, crosses the City limits on the East side of the City of Eatonton, Georgia and running in a Western direction along said Highway #16 to a point where Highway #16 intersects with U. S. Highway #441, which is also known as Jefferson Street, then North to a point where Imperial Mill road begins then along Imperial Mill road in a Northern direction to a point where The Old Godfrey Road begins then west along The Old Godfrey Road to a point where The Old Godfrey Road intersects The Godfrey Highway Then North along the Godfrey Road to a point where The Godfrey Road intersects the City Limits then in a Eastern and southern direction along the City Limits to a point which is the point of beginning. WARD NO. TWO: The boundary of ward two shall be a line beginning at point where Georgia Highway #16, which is also known as Sumter Street, crosses the City limits on the East side of the City of Eatonton, Georgia then along the City limits in a Southern and direction to a point where the City limits intersects with Martin Luther King Jr. Avenue, which is also known as Gholston Road then in a North Western direction along Martin Luther King Jr. Avenue, which is also known as Gholston Road to a point where Martin Luther King Jr. Avenue, which is also known as Gholston Road intersects East Street then in a southern direction along East Street to a point where East Street intersects Maple Street then North along Maple Street to a point where
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Maple Street intersects Pond Street then along Pond Street to a point where pond Street intersects Jefferson Street then in a Northern direction along Jefferson Street to a point where Jefferson Street intersects State Highway #16, which is also known as Sumter Street, then in an Eastern direction along State Highway #16, which is also known as Sumter Street to a point where said State Highway intersects the City Limits which point is the point of beginning. WARD NO. THREE: The boundary line of ward three begins at a point where State Highway #16 also known as Marion Street intersects the City Limits on the western side of the City of Eatonton, Georgia then runs in an Eastern direction along the said Highway to a point where State Highway #16 also known as Marion Street intersects U. S. Highway #441 which is also known as Jefferson Street then South along Jefferson street to a point where Jefferson Street intersects Pond Street then east along Pond Street to a point where Pond street intersects Maple Street then south along Maple Street to a point where Maple Street intersects East Steer then along East along East Street to a point where East Street intersects Martin Luther King Jr. Avenue which is also known as Gholston Road, then South along Martin Luther King Jr. Avenue which is also known as Gholston Road, to a point where the said Martin Luther King Jr. Avenue which is also known as Gholston Road, intersects the City limits then in a West and Northern direction to a point where the City Limits intersect State Highway #16 also known as Marion Street which point is the point of beginning. WARD NO. FOUR: The boundary line of ward four shall begin at a point where State Highway #16 also known as Marion Street intersects the City Limits on the western side of the City of Eatonton then in a northern and eastern direction
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along said City limits to a point where the City Limits intersect the Godfrey Highway then in a Southern direction along the Godfrey Highway to a point where the Godfrey Highway intersects the Old Godfrey Road then in an easterly direction along the Old Godfrey Road to a point where the Old Godfrey Road intersects Imperial Mill Road then in a Southern direction along Inperial Mill road to a point where Imperial Mill Road intersects Jefferson Avenue then in a Southern direction along Jefferson Avenue to a point where Jefferson Avenue intersects State Highway #16 also known as Marion Street then in a Western direction along State Highway #16 also known as Marion Street to a point where State Highway #16 also known as Marion Street intersects the City Limits on the western side of the City of Eatonton which point is the point of beginning. (II) For the purposes of this paragraph (a), boundary lines shall be the center lines of the various roads and streets mentioned in the boundary descriptions of the various wards. (b) The mayor and three aldermen elected at the general city election in 1990 shall serve for terms of office which expire December 31, 1995. At the general municipal election in 1995, the following shall be elected: (I) The mayor shall be elected at large by a majority of the qualified voters of the city voting in the election to serve for a four-year term of office which commences on January 1, 1996. The mayor shall serve until his successor is elected and qualified; (II) One alderman shall be elected by a majority of the qualified voters voting in Ward No. 1 and Ward No. 4 to serve for a four-year term of office which commences January 1, 1996. Such alderman elected shall serve until his successor is elected and qualified;
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(III) One alderman shall be elected by a majority of the qualified voters voting in Ward No. 2 and Ward No. 3 to serve for a four-year term of office which commences January 1, 1996. Such alderman elected shall serve until his successor is elected and qualified; and (IV) One alderman shall be elected at large by a majority of the qualified voters of the city voting in the election to serve for a four-year term of office which commences January 1, 1996. Such alderman elected shall serve until his successor is elected and qualified. Successors to said mayor and aldermen shall be elected at the general municipal election preceding the expiration of their terms of office to serve for terms of four years and until their successors are duly elected and qualified. (c) At the city election to be held on the first Tuesday in August, 1992, one alderman shall be elected from each of the four wards. Each such alderman elected shall be a resident of the ward from which elected and shall be elected by a majority vote of the qualified voters residing in the ward and voting in such election. Such aldermen shall serve for terms of office which expire December 31, 1997. Successors to said aldermen elected from wards shall be elected at the general municipal election preceding the expiration of their terms of office to serve for terms of four years and until their successors are duly elected and qualified. (d) The mayor and aldermen shall be elected pursuant to the provisions of Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' (e) All vacancies in the offices of mayor and aldermen shall be filled by special elections; and the person elected at such special election shall fill out the remainder of the unexpired term of the officer he succeeds.
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Section 2 . The aldermen elected at the general city election in 1988 shall hold office until their present terms expire and until their successors are elected and qualified as provided in Section 1 of this Act. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE Local legislation will be introduced in the 1992 Session of the Georgia General Assembly that will re-draw the City Council members District or Ward lines for the City of Eatonton. All interested parties are hereby notified to contact their legislators for comments. A copy of the proposed legislation will be available for inspection at City Hall during regular hours of business. MAYOR AND COUNCIL CITY OF EATONTON GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd, who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Eatonton Messenger, which is the official organ of Putnam County, on the following date: February 6, 1992. /s/ Culver Kidd Senator, 25th District
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Sworn to and subscribed before me, this 13th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 6, 1992. CITY OF CANTONGARBAGE AND TRASH; FEES. No. 822 (Senate Bill No. 851). AN ACT To amend an Act reincorporating the Town of Canton, approved July 26, 1922 (Ga. L. 1922, p. 604), as amended, so as to provide that the mayor and city council are authorized to take all necessary measures to keep the city free from garbage and similar material; to repeal conflicting laws; and for other proposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act reincorporating the Town of Canton, approved July 26, 1922 (Ga. L. 1922, p. 604), as amended, is amended by inserting immediately following Section 13A a new Section 13B to read as follows: Section 13B. The mayor and council are authorized to take all necessary and proper means for keeping the corporate limits of the city free from garbage, trash, and filth of all kinds and to charge a reasonable fee for providing or making available such service. Section 2 . All laws and parts of laws in conflict with this Act are repealed.
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NOTICE TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia, a bill to amend an act entitled An Act To Reincorporating The Town of Canton, approved July 26, 1922 (Ga. L. 1922, p. 604), as amended and for other purposes. This 2nd day of March, 1992. William G. Hasty, Sr. Senator, 51st 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 Tribuen, which is the official organ of Cherokee County, on the following date: March 4, 1992. /s/ William G. Hasty, Sr. Senator, 51st District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 6, 1992.
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GREENE COUNTYTAX COMMISSIONER; COMPENSATION. No. 824 (Senate Bill No. 860). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Greene County into the one office of tax commissioner of Greene County, approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2506), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2621), and an Act approved April 6, 1981 (Ga. L. 1981, p. 3881), so as to change the compensation provisions relating to the tax commissioner; 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 consolidating the offices of tax receiver and tax collector of Greene County into the one office of tax commissioner of Greene County, approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2506), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2621), and an Act approved April 6, 1981 (Ga. L. 1981, p. 3881), is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The compensation of the tax commissioner of Greene County is placed on a salary basis only in lieu of a fee basis. Effective January 1, 1993, the tax commissioner shall not be entitled to receive the 10 percent commission provided in paragraph (1) of subsection (c) of Code Section 48-5-180 of the O.C.G.A. If the person who is serving as tax commissioner on January 1, 1993, is reelected as tax commissioner for the term beginning January 1, 1993, and ending December 31, 1996, then, effective January 1, 1993, such tax commissioner shall be compensated in the amount of $40,000.00 per annum which shall be paid in equal monthly installments from the funds of Greene County. Any person other than the person serving as tax commissioner on January
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1, 1993, who is elected tax commissioner of Greene County for the term beginning January 1, 1993, and for all terms thereafter, shall be compensated in the amount of $25,000.00 per annum which shall be paid in equal monthly installments from the funds of Greene County plus any supplements, longevity bonuses, or state mandated cost-of-living adjustments allowed by law, except the 10 percent commission provided in paragraph (1) of subsection (c) of Code Section 48-5-180 of the O.C.G.A. Such compensation shall be in lieu of all fees, costs, percentages, fines, forfeitures, commissions, penalties, and other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by the tax commissioner, except that he shall continue to receive the fees allowed him for being tag agent in Greene County for the sale of motor vehicle license tags. All such fees, costs, percentages, fines, forfeitures, commissions, penalties, and other perquisites shall be received and collected by the tax commissioner for the sole use of Greene County and shall be the property of Greene County. Such funds shall be held as public funds belonging to Greene County and shall be accounted for and paid to the fiscal authority of Greene County on or before the last day of each month in which they are collected, accompanied by a statement, under oath, showing the collections and sources from which collected. The fiscal authority of Greene County shall not pay monthly compensation to the tax commissioner until such funds are received by said authority. Section 2 . Said Act is further amended by striking in its entirety Section 4A which reads as follows: Section 4A. In addition to the compensation provided for the tax commissioner in Section 4, or the minimum salary otherwise provided by Code Section 91A-1373, as now or hereafter amended, the governing authority of Greene County at a regularly scheduled meeting, in its discretion, may supplement said compensation of the tax commissioner in an amount not exceeding $4,000.00. Such supplement shall be paid in equal monthly installments from county funds.
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Section 3 . This Act shall become effective on January 1, 1993. 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 1992 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the tax commissioner of Greene County, approved March 6, 1961 (Ga. L. 1961 p 2180), as amended and for other purposes. This 21st day of February, 1992. Honorable G. B. Pollard, Jr. Senator, 24th District 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 Herald Journal, which is the official organ of Greene County, on the following date: March 6, 1992. /s/ G. B. Pollard, Jr. Senator, 24th District
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Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 6, 1992. COBB COUNTYCOMMUNITY IMPROVEMENT DISTRICTS; PURPOSE; LIFE OF A DISTRICT. No. 825 (Senate Bill No. 864). AN ACT To amend an Act entitled the Cobb County Community Improvement Districts Act, approved March 20, 1985 (Ga. L. 1985, p. 4009), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4256), so as to clarify the purpose of this Act; to provide for the life of a district and for procedures to extend the life of a district; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act entitled the Cobb County Community Improvement Districts Act, approved March 20, 1985 (Ga. L. 1985, p. 4009), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4256), is amended by striking the introductory language of Section 2 in its entirety and substituting in lieu thereof new introductory language to read as follows: Purpose. The purpose of this Act shall be to provide for the creation of one or more community improvement districts within Cobb County and each municipality therein, and such districts shall be created for the provision of such
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of the following governmental services and facilities as may be provided for in the resolution activating each district created hereby, or as may be adopted by resolutions of the majority of the electors and the majority of the equity electors present and voting at a meeting of electors and equity electors. A quorum shall consist of those electors and equity electors present. No proxy votes may be cast. Notice of said meeting shall be given to said electors and equity electors by publishing notice thereof in the legal organ of Cobb County at least once each week for four weeks prior to such meeting. Section 2 . Said Act is further amended by striking paragraph (1) of subsection (b) of Section 4 of said Act and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Each community improvement district created under this Act shall have a six-year life and shall automatically become inactive upon the expiration of six years after the date of activation of such district, unless extended by the adoption of resolutions of the majority of the electors and the majority of the equity electors present and voting at a meeting of electors and equity electors. A quorum shall consist of those electors and equity electors present. No proxy vote may be cast. Notice of said meeting shall be given to said electors and equity electors by publishing notice thereof in the legal organ of Cobb County at least once each week for four weeks prior to such meeting. The extension of the life of the district shall be for six more years. There is no limit on the number of extensions which may be enacted. 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 1992 session of the General Assembly of Georgia a bill to amend an Act entitled the Cobb County Community Improvement Districts Act, approved March 20, 1985 (Ga. L. 1985, p. 4009), as amended, so as to clarify the purpose of this Act; to
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provide for the life of the district and for procedures to extend the life of the district; to repeal conflicting laws; and for other purposes. This 2nd day of March, 1992. 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: March 6, 1992. /s/ Steve Thompson Senator, 33rd District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 6, 1992. CITY OF NELSONNEW CHARTER. No. 832 (House Bill No. 1903). AN ACT To provide a new charter for the City of Nelson; to provide for incorporation, boundaries, and powers of the city; to
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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 city officers and 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 Nelson in Cherokee County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the City of Nelson. References in this charter to the city or this city refer to the City of Nelson. 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
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of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Nelson, Georgia. Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. Section 1.12 . Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose 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;
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(4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof;
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(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the 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
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their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement;
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(37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
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ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL Section 2.10 . City council creation; composition; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11 . Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code.
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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 Nelson shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he seeks election. (e) On the Tuesday next following the first Monday in November, 1993, and on that day quadrennially thereafter, there shall be elected a mayor and two councilmembers. Then, on the Tuesday next following the first Monday in November, 1995, and on that day quadrennially thereafter, there shall be elected three councilmembers. It is the purpose of this section to provide a rotation system for the office of mayor and councilmembers. The terms of the offices shall begin on January 1 immediately following such 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 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
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with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 2.13 . Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 2.14 . Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected. Section 2.15 . Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A. Section 2.16 . Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his 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 2.17 . Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Cherokee
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County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Cherokee County following a hearing on a complaint seeking such removal brought by any resident of the City of Nelson. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES Section 3.10 . General power and authority. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. Section 3.11 . Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council. Section 3.12 . Inquiries and investigations. The city council may make inquiries and investigations into the affairs of
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the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 3.13 . Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. Section 3.14 . Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. 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
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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 Nelson 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,
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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 indexed book kept for that purpose all ordinances adopted by the council.
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(b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Nelson, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 3.21 . Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration. Section 3.22 . Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed;
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(2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the council a recommended annual operating budget and recommended capital budget; (5) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (6) 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.
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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 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.
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(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
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Section 4.12 . City attorney. The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. The city council shall provide for the compensation of the city attorney. Section 4.13 . City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. 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 Manager. The council may appoint a city manager. The duties and authority of the city manager shall be established by ordinance and, in so doing, the council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor. Section 4.16 . City tax collector. The council may appoint a collector to collect all taxes, licenses, fees, and other money belonging to the city, subject to the provisions of this charter and the ordinances of the city. The city tax collector shall diligently comply with and enforce all general laws of this
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state relating to the collection, sale, or foreclosure of taxes by municipalities. Section 4.17 . City accountant. The council may appoint a city accountant to perform the duties of an accountant. Section 4.18 . Consolidation of functions. The council may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions, or may assign the functions of any one or more of such positions to the holder or holders of any other positions. Section 4.19 . Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH Section 5.10 . Municipal court. There shall be a court to be known as the Municipal Court of the City of Nelson.
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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.
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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. (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.
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(j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Cherokee County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. 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
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these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13 . Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14 . Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration
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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
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charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20 . Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21 . Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22 . Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. Section 6.23 . Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A. Section 6.24 . Operating budget. On or before a date fixed by the city council but not later than 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 6.25 . 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 such date as shall be established by ordinance 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 unti, 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
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in the current operating budget at any regular meeting or special or emergency meeting called for such purposes. Section 6.28 . Capital improvements. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than such date as shall be established by ordinance 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:
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(1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter. Section 6.31 . Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.32 . Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
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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 . Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13 . Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14 . Specific repealer. An Act incorporating the Town of Nelson, approved February 25, 1949 (Ga. L. 1949, p. 1536), 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the Regular 1992 Session of the General Assembly of Georgia a bill to grant a new charter to the City of Nelson and to repeal the existing charter and amendments thereto. This 10th day of February 1992. STEVEN L. STANCIL GARLAND PINHOLSTER 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 19, 1992. /s/ Steve Stancil Representative, 8th District Sworn to and subscribed before me, this 25th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the Regular 1992 Session of the General Assembly of Georgia a bill to grant a new charter to the City of Nelson and to repeal the existing charter and amendments thereto.
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This 10th day of February, 1992. Steven L. Stancil Garland Pinholster GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Stancil, who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune, which is the official organ of Cherokee County, on the following date: February 13, 1992. /s/ Steve Stancil Representative, 8th District Sworn to and subscribed before me, this 25th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 7, 1992. CITY OF WILLIAMSONNEW CHARTER. No. 833 (House Bill No. 1958). AN ACT To provide a new charter for the City of Williamson; 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
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relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to provide for 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 . Name. The City of Williamson existing immediately prior to the effective date of this charter and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style City of Williamson, 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 Williamson, Georgia. Photographic, typed, or other copies of such map or description certified by the
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city clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The city council may provide for the redrawing of any such map or description by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map or description shall supersede for all purposes the entire map or maps which it is designated to replace. Section 1.12 . Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law 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. Section 1.13 . Municipal powers. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the
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city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate 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; to license the construction and erection of buildings and other structures; (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 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
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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 light plants, transportation facilities, public airports, cable television, 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
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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 and operate 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., relating to eminent domain, or such other applicable laws as are or may hereafter be enacted;
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(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 services 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 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
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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 charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Sidewalk maintenance. To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage,
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and use of combustible, explosive, inflammable, and environmentally hazardous 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; (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 and rent parking spaces in public ways for the use 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
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laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.14 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE Section 2.10 . City council creation; composition; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The mayor and councilmembers shall be elected in the manner provided by Article V of this charter. Section 2.11 . City council terms and qualifications for office. The members of the city council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as councilmember unless such person meets the requirements of a qualified elector for members of the General Assembly, has been a resident of the city for three months immediately prior to the date of the election of members of the city council, and has no delinquent debts outstanding against them in favor of the city; and each councilmember shall continue to reside in the city during such councilmember's period of service and be registered and qualified to vote in municipal elections of this city. Section 2.12 . Vacancies in office. (a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, removal of residence from the city, forfeiture of office, or removal from office in any manner authorized
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by this charter or general law 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. (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 in office shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. Section 2.13 . Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance, but any increase in compensation shall be subject to Code Section 36-35-4 of the O.C.G.A., or any similar law hereafter enacted. The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.14 . Conflicts of interest; holding other offices. (a) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of such person's official duties or which would tend to impair the independence of judgment or action in the performance of such person's 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 such person's official duties or would tend to impair the independence of judgment or action in the performance of such person's official duties;
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(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which such person is engaged without the proper legal authorization or use such information to advance the financial or the private interest of such person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to such person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which such person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any 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 such person has financial interest. (b) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and the mayor or councilmember shall be disqualified 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) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which 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 elected. (f) Political activities of certain officers and employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (g) Penalties for violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited such office or position. (2) Any officer or employee of the city who shall forfeit such office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. Section 2.15 . Inquiries and investigations. The 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
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oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. Section 2.16 . General power and authority of the city council. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. Section 2.17 . General power and authority of the city council. (a) Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the creation of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution and laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life, property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of this city. The council may enforce such ordinance by imposing penalties for the violation thereof. Section 2.18 . Oath of office. The city council shall meet for organization on the first Thursday following January 1 of each year. The meeting shall be called to order by the city clerk and the oath of office shall be administered by the city clerk 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.
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(b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made as required by law. Section 2.20 . Rules of procedure. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time within the mayor's discretion. Section 2.21 . Quorum; voting. (a) 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 present 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
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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 Williamson 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 as provided in Section 2.24 of this charter. Upon introduction of any ordinance, the city clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate. Section 2.23 . Action requiring an ordinance. In addition to other Acts required by general state law or by specific provisions of this charter to be done by ordinance, Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 2.24 . Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating
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that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers or two councilmembers and the presiding officer in the event of a tie vote shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.25 . Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of 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 city clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price. Section 2.26 . Signing; authenticating; recording; codification; printing of ordinances. (a) The city clerk shall authenticate by signing and recording in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published
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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 Code of Ordinances, City of Williamson, 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 respect to reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.27 . (a) Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of two years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city, shall have been a resident of the city for at least three months immediately preceding such election, and shall have no delinquent debts outstanding against him in favor of the city. The mayor shall continue to reside in this city during the period of service as mayor. The mayor shall forfeit office on the same grounds and under the same procedures as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. (b) Powers and duties of mayor. The mayor shall: (1) See that all laws and ordinances of the city are faithfully executed;
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(2) Preside at all meetings of the city council and have the right to take part in the deliberations of council, but refrain from voting on any question except in the case of a tie; (3) Be the official head of the city for the purpose of service of process and for ceremonial purposes. (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) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (6) Have veto power to be exercised in the manner set out in Section 2.28 of this charter; and (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish, or as may now or hereafter be required by general state law. Section 2.28 . Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented promptly by the city clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the city clerk with or without approval or with disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12: 00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting. If the
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city council then or at its next general meeting adopts the ordinance by an affirmative vote of four of its members, it shall become law. Section 2.29 . Mayor pro tem; selection; duties. By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. The mayor pro tem shall preside at all meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's disability or absence. In the event of the mayor's disability or absence, the mayor pro tem shall be compensated at the same rate as the mayor. The city council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tem is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote of all councilmembers present. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10 . Administrative and service departments. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers 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 that 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 the mayor's supervision, which suspension shall be effective 21 calendar days following the mayor's giving written notice of such action and the reasons therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of four councilmembers. Section 3.11 . Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor subject to approval 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) 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 in this charter 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 the member has executed and filed with the clerk of the city an oath obligating such member to faithfully and impartially perform the duties of 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 own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 3.12 . 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 the city attorney by virtue of the position as city attorney. The city attorney shall serve at the discretion of the city council. Section 3.13 . City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. Section 3.14 . City treasurer. The city council may appoint a city treasurer to perform the duties of a treasurer and fiscal officer. Section 3.15 . Consolidation of functions. The city council may consolidate the positions of city clerk, city treasurer,
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or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. Section 3.16 . 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 policies as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV JUDICIAL BRANCH Section 4.10 . Creation; name. The city shall be authorized to create a court at such time as the city council deems it necessary and desirable and the court as so created shall be known as the Municipal Court of the City of Williamson. The court, when created, shall operate pursuant to the provisions of this charter, general laws of the State of Georgia, and the procedures adopted by the city council not in conflict with this charter and the general laws of the State of Georgia.
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ARTICLE V ELECTIONS AND REMOVAL Section 5.10 . Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.11 . Regular elections; time for holding. (a) On the Tuesday next following the first Monday in November, 1992, and on that day annually thereafter, there shall be an election for successors to the councilmembers and mayor, if applicable, whose terms will expire that year. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.18 of this charter. (b) The mayor shall be elected in 1992, and every two years thereafter. (c) The councilmember from Post 1 shall be elected in 1992, and every two years thereafter. (d) The councilmembers from Posts 2 and 3 shall be elected in 1993, and every two years thereafter. (e) The councilmembers from Posts 4 and 5 shall be elected in 1994, and every two years thereafter. (f) The mayor and councilmembers in office on the effective date of this charter shall remain in office until their successors are elected and take office as provided in this charter. Section 5.12 . Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with
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Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 5.13 . Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfil any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 5.14 . Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 5.15 . Election by plurality. The person receiving a plurality of the votes cast for any city office shall be elected. ARTICLE VI FINANCE Section 6.10 . Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, 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 date; 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, provided that the tax rate shall not be greater than ten mills. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum payment, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may
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be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13 . Licenses; permits; fees. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14 . Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, 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 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 the city clerk. 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
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limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16 . Special assessments. The city council by ordinance shall have the power to assess and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.17 . Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, allowing exceptions for hardship, and providing for the assignment or transfer of tax executions. Section 6.19 . General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the 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 . Short-term loans. The city may obtain short-term loans and must repay any short-term loans not later than December 31 of the calendar year in which obtained, unless otherwise provided by law. Section 6.22 . Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government unless otherwise provided by general, state, or federal law. Section 6.23 . Budget and audit. The city shall conform to those budget and audit requirements established pursuant to Chapter 81 of Title 36 of the O.C.G.A., relating to budgets and audits for local governments. For such purposes the mayor shall be the budget officer of the city. Section 6.24 . Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. Section 6.25 . Changes in appropriations. The city council by 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, but any additional appropriations may be made only from an existing unexpended surplus in the fund to which it applies or on a revised estimate of revenue. Section 6.26 . Contracting procedures. No contract with the city shall be binding on the city unless:
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(1) It is in writing; (2) It is drawn by or submitted 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 6.27 . Centralized purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.28 . Sale of city property. (a) The city council may sell and convey any real or personal property, except a public utility owned or held by the city for governmental or other purposes as now or hereafter provided by Chapter 37 of Title 36 of the O.C.G.A., relating to acquisition and disposition of property. A public utility held or owned by the city may not be sold or conveyed unless the sale or conveyance is approved by a majority of the qualified voters of the city voting in a special election which shall be called for that purpose. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property,
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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 . Prior ordinances; rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. Section 7.12 . Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13 . Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for in this charter, is declared to be a misdemeanor and shall be punishable by a fine of not more than $500.00 or by imprisonment not to exceed 90 days or both such fine and imprisonment. Section 7.14 . Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
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Section 7.15 . 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 . Effective date. This charter shall become effective on approval by the Governor or on its becoming law without his approval. Section 7.17 . Specific repealer. An Act incorporating the City of Williamson in the County of Pike, approved August 17, 1908 (Ga. L. 1908, p. 973), as amended, particularly by an Act approved April 6, 1967 (Ga. L. 1967, p. 2777), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3515), is repealed in its entirety. Section 7.18 . 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 I shall introduce a bill in the 1992 session of the General Assembly to repeal the existing charter for the City of Williamson, Georgia; to adopt a new charter for the City of Williamson in Pike County, Georgia; to describe the corporate limits; provide for municipal government; provide for municipal officials, their election or appointment, term of office, salary and duties; empower said municipality to levy and collect taxes and other revenues and expend same; and for other purposes.
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This the 28th day of January, 1992. /s/ Crisp B. Flynt Representative in the General Assembly for the 75th House District of 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 and Reporter, which is the official organ of Pike County, on the following date: January 29, 1992. /s/ Crisp B. Flynt Representative, 75th District Sworn to and subscribed before me, this 28th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 7, 1992.
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COBB COUNTYTAX COMMISSIONER; COLLECTION OF SCHOOL TAXES. No. 834 (House Bill No. 2012). AN ACT To provide that the tax commissioner of Cobb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Cobb County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The tax commissioner of Cobb County shall remit all educational funds collected by said officer to the board of education of Cobb County, except that the following amounts shall be retained by the tax commissioner and remitted to the governing authority of Cobb County to reimburse the county for the cost of collecting school taxes: Year Percentage Assessed for Taxes Collected 1993 1.2% 1994 1.3% 1995 1.4% 1996 1.4% 1997 1.4% 1998 1.4% 1999 1.4% 2000 1.4% Section 2 . It is the intention of this Act to reduce the amount authorized by subsection (a) of Code Section 48-5-404 of the O.C.G.A. as reimbursement to counties for the collection of school taxes, and this Act is pursuant to the specific authority of Article VIII, Section VI, Paragraph III of the Constitution of the State of Georgia.
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Section 3 . This Act shall become effective on July 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 1992 session of the General Assembly of Georgia a bill to provide that the tax commissioner of Cobb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the county governing authority to reimburse the county for the cost of collecting school taxes; and for other purposes. This 20th day of February, 1992. Honorable Chuck Clay Senator, 37th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kip Klein, 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 22, 1992. /s/ Kip Klein Representative, 21st District
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Sworn to and subscribed before me, this 27th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 7, 1992. CITY OF KINGSLANDHOMESTEAD EXEMPTION; REFERENDUM. No. 835 (House Bill No. 2016). AN ACT To provide a homestead exemption from all City of Kingsland ad valorem taxes for any city purposes, including, but not limited to, taxes to retire bonded indebtedness, in the amount of $25,000.00 of the assessed value of the homestead for residents of the City of Kingsland who are 65 years of age or older and whose gross income does not exceed $25,000.00; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, applicability, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) Each resident of the City of Kingsland who is 65 years of age or older is granted an exemption on that person's homestead from all City of Kingsland ad valorem taxes for any city purposes, including, but not limited to, taxes to retire bonded indebtedness, for the value of that resident's homestead, as defined and qualified in Code Section 48-5-40 of the O.C.G.A.
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(b) The exemption provided by this Act shall not be granted unless the resident's gross income, together with the gross income of that resident's spouse who also occupies and resides at such homestead, as gross income is defined by Georgia law, from all sources does not exceed $25,000.00 for the immediately preceding taxable year. For the purposes of this Act, gross income shall include but not be limited to, income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system. Section 2 . The governing authority of the City of Kingsland or its designee shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit by the owner as to the age and income of the owner, the income of the owner's spouse who occupies and resides at the homestead, and such other information as may be necessary to determine the eligibility of the owner for the exemption, including copies of federal and state tax returns. Section 3 . After any such owner has filed the proper application and affidavit and has been allowed the exemption provided in this Act, it shall be necessary that he make application and file such affidavit and certificate for each year thereafter and, if qualified, such exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the City of Kingsland who has claimed the homestead exemption provided for in this Act to notify the governing authority of the City of Kingsland or its designee in the event he becomes ineligible for any reason to receive such homestead exemption. Section 4 . The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from the City of Kingsland ad valorem taxes. Section 5 . The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1993. Section 6 . 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.
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Section 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Kingsland 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 Kingsland for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the July, 1992, state-wide general primary and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Camden 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 Kingsland ad valorem taxes for any city purposes in the amount of $25,000.00 of the assessed value of a resident's homestead for residents of the City of Kingsland who are 65 years of age or older and whose gross income does not exceed $25,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 6 of this Act shall become of full force and effect on January 1, 1993, and shall be applicable to all taxable years beginning on or after January 1, 1993. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 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 Kingsland. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
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Section 8 . Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide a homestead exemption from all City of Kingsland ad valorem taxes for residents who are 65 years of age or older with an income of $25,000.00 or less; to provide for general powers and procedures; and to provide for other matters relative to the foregoing and relative to the general process of this act; to repeal conflicting laws; and for other purposes. Dated this 14th day of February, 1992. /s/ 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 Camden County Tribune, which is the official organ of Camden County, on the following date: February 19, 1992. /s/ Harry D. Dixon Representative, 151st District
Page 5690
Sworn to and subscribed before me, this 4th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 7, 1992. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITYOPERATING COSTS. No. 848 (House Bill No. 1469). AN ACT To amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to exclude certain nonrecurring costs from the definition of operating costs of the system for the purposes of the limitations on the use of tax revenues to pay such costs; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking paragraph (4) of subsection (h) of Section 9 thereof and inserting in its place the following: (4) For purposes of this subsection (h), `transit operating revenue' means all fees, user charges, contract payments, or other monies or income received or derived by the Authority:
Page 5691
(A) From the operation of a transportation system, as defined in Section 2(g) of this Act; (B) From the investment of reserve funds to the extent such investment income may, under the provisions of subsections (i) and (l) of Section 25 of this Act, be used to pay operating costs; or (C) From leases of Authority owned real property, but shall not mean any funds derived from the sales and use tax authorized in Section 25 of this Act, nor any funds provided by the federal government under the Urban Mass Transportation Act of 1964 (P. L. 88-365), as amended, nor any other such revenue not clearly received or derived from the operation of the transportation system, from the investment of reserve funds as provided in subsections (i) and (l) of Section 25 of this Act, or from leases of Authority owned real property; and `operating costs' means `operating costs of the system,' as defined in Section 25(i) of this Act, and exclusive of depreciation and amortization, and other costs and charges as provided in the said definition. Section 2 . Said Act is further amended by striking subsection (i) of Section 25 thereof and inserting in its place a new subsection to read as follows: (i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, provided, however, that no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection, 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, amortization, and other costs and
Page 5692
charges as provided in this subsection, and that commencing with July 1, 2032, and for every year thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty percent (50%) of the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. 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, and also exclusive of nonrecurring costs and charges incurred in order to comply with any statute or regulation concerning either the protection or cleaning up of the environment, or accessibility by handicapped or disabled persons, or occupational health or safety, or with any judgment, decree, or order of any court
Page 5693
or regulatory agency in implementation of any such statute or regulation. 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: (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 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 1992 Session of the General Assembly of Georgia a bill to amend an Act approved March 16, 1971 (Ga. L. 1971, p. 2082) and an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), relating to the Metropolitan Atlanta Rapid Transit Authority and the transit system operated thereby; to provide that the Metropolitan Atlanta Rapid Transit Authority will be eligible to receive certain funds; and for other purposes.
Page 5694
This 4 day of December, 1991. Honorable Dean Alford Representative, 57th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Home Weekly which is the official organ of Gwinnett County, on the following date: December 12, 1991. /s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 Session of the General Assembly of Georgia a bill to amend an Act approved March 16, 1991 (Ga. L. 1971, p. 2082) and an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), relating to the Metropolitan Atlanta Rapid Transit Authority and the transit system operated thereby; to provide that the Metropolitan Atlanta Rapid Transit Authority will be eligible to receive certain funds; and for other purposes. This 4th day of December, 1991. Honorable Dean Alford Representative, 57th District
Page 5695
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 17, 1991. /s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 Session of the General Assembly of Georgia a bill to amend an Act approved March 16, 1971 (Ga. L. 1971, p. 2082) and an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), relating to the Metropolitan Atlanta Rapid Transit Authority and the transit system operated thereby; to provide that the Metropolitan Atlanta Rapid Transit Authority will be eligible to receive certain funds; and for other purposes. This 4th day of December, 1991. Honorable Dean Alford Representative, 57th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who,
Page 5696
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 12, 1991. /s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 Session of the General Assembly of Georgia a bill to amend an Act approved March 16, 1971 (Ga. L. 1971, p. 2082) and an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), relating to the Metropolitan Atlanta Rapid Transit Authority and the transit system operated thereby; to provide that the Metropolitan Atlanta Rapid Transit Authority will be eligible to receive certain funds; and for other purposes. This 4 day of December, 1991. Honorable Dean Alford Representative, 57th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta
Page 5697
Daily Journal which is the official organ of Cobb County, on the following date: December 13, 1991. /s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 Session of the General Assembly of Georgia a bill to amend an Act approved March 16, 1971 (Ga. L. 1971, p. 2082) and an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), relating to the Metropolitan Atlanta Rapid Transit Authority and the transit system operated thereby; to provide that the Metropolitan Atlanta Rapid Transit Authority will be eligible to receive certain funds; and for other purposes. This 4th day of December, 1991. Honorable Dean Alford Representative, 57th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: December 11, 1991.
Page 5698
/s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 7, 1992. CLAYTON COUNTYCOMMUNITY IMPROVEMENT DISTRICTS; CREATION. No. 856 (Senate Bill No. 450). AN ACT To provide for the creation of one or more community improvement districts in Clayton 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 the appointment or election of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries for said districts; to provide for the debt of 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, certificates of validation, specification of interest rates in notice to the district attorney or the Attorney General, and in notice of validation hearing and definition of terms cost of the 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 issue of bonds and notes; to provide for construction; to provide that
Page 5699
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 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 Clayton 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 Clayton County and each municipality therein, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created hereby, or any supplemental resolution amending same: (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 collection and disposal systems; (4) Public transportation; (5) Terminal and dock facilities and parking facilities; and (6) Such other services and facilities as may be provided for by general law. Section 3 . Definitions. As used herein, the term: (1) Agricultural means the growing of crops for sale or raising of animals for sale or use, including the
Page 5700
growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horseboarding facilities, and riding stables. (2) Board means the governing body created for the governance of 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) 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,
Page 5701
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 issuance of any bonds, notes, or other obligations for any projects; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans;
Page 5702
(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. (6) 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 thereto, as the context requires or permits. (7) Electors means the owners of real property within the district which is then subject to taxes, fees, and assessments levied by the board, as appear on the most recent ad valorem real property tax return records of Clayton County, 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 Clayton County tax commissioner, on a form satisfactory to the commissioner, at least eight days prior
Page 5703
to an election. An owner of multiple parcels has one vote, not one vote per parcel. Multiple owners of one parcel have one vote which must be cast by one of their number who is designated in writing by such multiple owners as their elector. (8) 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 Clayton County Board of Tax Assessors. (9) 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. (10) Hereby, herein, hereinunder, and herewith have the meanings generally ascribed to these words. (11) 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.
Page 5704
(12) 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 Clayton County within the district as certified by the Clayton 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. (13) 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. (14) 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. 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 Clayton 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 as hereinafter constituted. The conditions for such activation shall be: (1) The adoption of a resolution consenting to the creation of each community improvement district by: (A) The Clayton County Board of Commissioners if the district is located wholly within the unincorporated area of Clayton County; or
Page 5705
(B) The governing authority of the municipality if the district is located wholly within the incorporated area of a municipality; or (C) The governing authorities of Clayton County and any municipality in which the district is partially located if it is located partially within the unincorporated area of Clayton County and partially within the incorporated area of any municipality; and (2) Written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; and (C) The written consent provided for above shall be submitted to the Clayton County tax commissioner who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. No district or board created hereunder shall transact any business or exercise any powers hereunder until the foregoing conditions are met. A copy of such resolution shall be filed with the Secretary of State, who shall maintain a record of all districts activated hereunder, and a second copy shall be filed 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 seven members to be appointed and elected as hereinafter provided. One board
Page 5706
member shall be appointed by the Clayton County Board of Commissioners if any portion of the district lies within the unincorporated areas of Clayton County, one board member shall be appointed by the governing authority of each municipality within which the district is now or hereafter partially located if any portion of the district lies within the incorporated area of such municipality, and the remaining board members shall be elected by the owners of the 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 governing body which appointed same, respectively. The initial elected board members shall serve 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. Thereafter, all terms of office shall be for four years, except the appointed members who serve at the pleasure of the governing body which appointed them. (b) The initial board members to be elected as provided herein 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 Clayton County Board of Commissioners, or governing body of the municipality if the district lies wholly within the incorporated area thereof, shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of Clayton County as hereinafter provided. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in Clayton County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those 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 thereafter, 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 of said election shall be given the electors by publishing notice thereof in the legal organ of Clayton County on four dates, at
Page 5707
least 45 days, 31 days, 17 days, and ten days, respectively, prior to such election. (c) The elected board members shall be subject to recall as any other elected public official by the electors hereinabove defined. (d) Board members, including appointed board members, 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. (e) 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. (f) If the boundaries of a district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipality's boundaries are changed to include land within a then existing district, the governing authority of the municipality shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 hereof. If the boundaries of a district or a municipality are subsequently changed after creation of a district to include land within the unincorporated area of Clayton County and the district originally had no land within the unincorporated area of Clayton County, the Clayton County Board of Commissioners shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 hereof. The new appointed board member in such cases shall take office upon the vacation of the first elected board member's office to be vacated, by expiration of term, death, resignation, or recall, and that office shall thereafter be appointed by such governing authority. If by municipal annexation or by deannexation of land from a district, the district no longer includes land within the unincorporated
Page 5708
area of Clayton County or within a municipality, respectively, then upon such occurrence the board member of the district appointed by such governing authority in which the district is no longer located shall cease to be a board member and such member shall thereafter be elected as otherwise herein provided. (g) Chapter 2 of Title 21 of the O.C.G.A., 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 be 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 1 percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board upon the properties shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Clayton County if the district lies wholly or partly within the unincorporated area of Clayton 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 Clayton County or the municipality,
Page 5709
respectively. Delinquent taxes shall bear the same interest and penalties as Clayton County or municipal ad valorem taxes, respectively, and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by Clayton County or the municipality which collects same, 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 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 Clayton County Board of Commissioners if wholly within the unincorporated area of Clayton County and such municipalities within which the district may be partially located if partially within the unincorporated area of Clayton 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 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: (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;
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(2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing authorities of Clayton County, if any portion of the district is or is to be in the unincorporated area of Clayton 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 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 Clayton County and any municipalities within which the district is partially located. The provisions of this section shall in no way limit the authority of Clayton County or any such municipality to provide services or facilities within the district; and Clayton County or any such municipality 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 county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances,
Page 5711
resolutions, or regulations to the district or the services or facilities provided therein. Section 10 . Board, district powers. (a) Each district and its board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, 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, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary
Page 5712
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, with the State of Georgia, state institutions, or a 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
Page 5713
the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (13) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the district and the public purposes thereof; (14) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, 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 Clayton County and any municipal corporations in which the district is wholly or partially located; (16) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (17) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (18) To do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to
Page 5714
those powers enumerated 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, 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
Page 5715
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 Clayton County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest (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 districts, or in notices of proceedings
Page 5716
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 herein, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance hereunder. (c) Issuance by 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 project; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly 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.
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Section 14 . Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 15 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 16 . Repealer. All laws and parts of laws in conflict with this Act are repealed. 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 provide for the creation of community improvements districts in Clayton County; and for other purposes. This 27th day of February, 1991. Honorable Terrell A. Starr Senator, 44th District March 2, 1991 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
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which is the official organ of Clayton County, on the following date: March 2, 1991. /s/ Terrell Starr Senator, 44th 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 7, 1992. CHEROKEE COUNTY WATER AND SEWERAGE AUTHORITYMEETINGS. No. 857 (Senate Bill No. 570). AN ACT To amend an Act known as the Cherokee County Water and Sewerage Authority Act, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4670), so as to change the provisions relating to the number and time of regularly scheduled meetings; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act known as the Cherokee County Water and Sewerage Authority Act, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4670), is amended by striking in its entirety Section 2A and inserting in lieu thereof a new Section 2A to read as follows:
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Section 2A. (a) The Authority shall conduct at least one regularly scheduled meeting per month. The times for such meetings shall alternate between daylight hours and 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. (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 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION (Cherokee County Water and Sewerage Authority Act) Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1992, p. 4670); and for other purposes. This 8th day of January, 1992. William G. Hasty, Sr. Senator, 51st District Steve Stancil Garland Pinkoleter 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
Page 5720
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 22, 1992. /s/ William G. Hasty, Sr. Senator, 51st District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 7, 1992. DEKALB COUNTYHOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 858 (Senate Bill No. 667). AN ACT To provide that each resident of the DeKalb County School District who is the unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all DeKalb County School District ad valorem taxes, including taxes to retire bonded indebtedness, in the same amount as that to which a disabled veteran is entitled under other provisions of law; to provide conditions of eligibility; to provide for proof of eligibility; to provide procedures and for administration by tax officials; to provide for a referendum; to provide an effective date; to provide for automatic repeal of this Act under certain conditions; to provide for applicability; to repeal conflicting laws; and for other purposes.
Page 5721
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) Each resident of the DeKalb County School District who is the unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all DeKalb County School District ad valorem taxes, including taxes to retire bonded indebtedness, in the amount of the greater of $32,000.00 or the maximum amount which may be granted to a disabled veteran under Section 802 of Title 38 of the United States Code, as amended. For the purposes of this Act, the term unremarried surviving spouse of a member of the armed forces includes the unmarried widow of a member of the armed forces, which widow is receiving spousal benefits from the United States Department of Veterans Affairs. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (b) In order to qualify for the exemption provided for in this section, the unremarried surviving spouse shall furnish to the tax commissioner of DeKalb County documents from the Secretary of Defense evidencing that such unremarried surviving spouse received death benefits as a result of the death of such person's spouse who as a member of the armed forces of the United States was killed while on active duty or while performing authorized travel to or from active duty during any war or armed conflict in which the armed forces of the United States engaged pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces killed in any war or armed conflict. (c) An unremarried surviving spouse filing for the exemption under this section shall be required to file with the tax commissioner information relative to marital status and other such information which the DeKalb County board of tax assessors
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deems necessary to determine eligibility for the exemption. Each unremarried surviving spouse shall file for the exemption only once with the tax commissioner. Once filed, the exemption shall automatically be renewed from year to year, except that the county board of tax assessors may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this section to notify the tax commissioner in the event that person for any reason becomes ineligible for such exemption. (d) The exemption granted by this Act shall be in lieu of and not in addition to any other exemption from DeKalb County School District 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 qualifying under this Act 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. (e) The exemptions granted by this Act shall apply to the tax year beginning on January 1, 1993, and all tax years thereafter. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the DeKalb County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 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 DeKalb County. The ballot shall have written or printed thereon the words:
Page 5723
() YES () NO Shall the Act be approved which provides that each resident of the DeKalb County School District who is the unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all DeKalb County School District ad valorem taxes, including taxes to retire bonded indebtedness, in the same amount as that to which a disabled veteran is entitled under other provisions of law? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 1993. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on January 1, 1993. The expense of such election shall be borne by DeKalb County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide
Page 5724
that each resident of the DeKalb County School District who is the unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all DeKalb County School District ad valorem taxes, including taxes to retire bonded indebtedness, in the same amount as that to which a disabled veteran is entitled under other provisions of law; and for other purposes. This 16 day of January, 1992. Honorable Cathey W. Steinberg Senator, 42nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Cathey W. Steinberg, who, on oath, deposes and says that she is Senator from the 42nd 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 30, 1992. /s/ Cathey W. Steinberg Senator, 42nd District Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 7, 1992.
Page 5725
CITY OF SMYRNAHOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 859 (Senate Bill No. 685). 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.
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Section 5 . The exemption provided for by this Act shall apply to all taxable years beginning after December 31, 1992. 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 July 21, 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 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the
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remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Smyrna. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 9 . The homestead exemption applicable to City of Smyrna ad valorem taxes set forth in a constitutional amendment proposed by Ga. L. 1962, p. 976, as amended by Ga. L. 1972, p. 1440 and as amended by Ga. L. 1979, p. 1844, and duly ratified by the people and which was continued in force and effect by an Act approved March 28, 1986 (Ga. L. 1986, p. 5525), 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; and an Act providing for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 62 years of age or older, approved April 4, 1991 (Ga. L. 1991, p. 4693), 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 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 1992 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
Page 5728
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 4th day of February, 1992. Honorable Hugh A. Ragan Senator, 32nd District 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: February 7, 1992. /s/ Hugh A. 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 Approved April 7, 1992.
Page 5729
CHATHAM COUNTYRECORDER'S COURT; PROBATION SERVICES; CONTRACTS. No. 860 (Senate Bill No. 712). AN ACT To authorize the Recorder's Court of Chatham County to contract with a private enterprise to provide probation services for certain persons; 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 Recorder's Court of Chatham County is authorized to enter into an agreement with a private corporation, enterprise, or agency to provide general probation supervision, fine collection services, counseling, and other probation services for the following persons who have been placed on probation by such court: (1) Persons who have been convicted of an offense within the jurisdiction of the Recorder's Court of Chatham County under the laws and Constitution of the State of Georgia; and (2) Persons who have waived trial by jury and pleaded guilty or nolo contendere to a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. The following notice is hereby given that there will be introduced, during the 1992 Session of the Georgia General Assembly, a bill allowing for the institution of PRIVATE PROBATIONARY SERVICES affecting the Recorder's Court of the City of Savannah in the County of Chatham. This the 9th day of January, 1992
Page 5730
Roy L. Allen, II State Senator District 2 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy L. Allen, who, on oath, deposes and says that he is Senator from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: January 11, 1992. /s/ Roy L. Allen Senator, 2nd District Sworn to and subscribed before me, this 13th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 7, 1992. FULTON COUNTYDEVELOPERS; BUILDING OR DEVELOPING NEAR A LAKE; ACT REPEALED. No. 865 (House Bill No. 1364). AN ACT To repeal an Act approved April 4, 1991 (Ga. L. 1991, p. 4487), providing 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 in a residential area; 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 approved April 4, 1991 (Ga. L. 1991, p. 4487), providing 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 in a residential area, which reads as follows: 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 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., is repealed in its entirety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to repeal an Act approved April 4, 1991 (Ga. L. 1991, p. 4487), providing 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 in a residential area; and for other purposes. This 7th day of January, 1992. 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, which is the official organ of Fulton County, on the following date: January 14, 1992. /s/ J. E. McKenney Representative, 35th District Sworn to and subscribed before me, this 21st day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 7, 1992.
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FULTON COUNTYMAGISTRATE COURT; NUMBER OF MAGISTRATES. No. 867 (Senate Bill No. 548). AN ACT To amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, particularly by an Act approved March 28, 1984 (Ga. L. 1984, p. 4957), so as to increase the number of magistrates in Fulton County from three to five; to provide the procedure in connection with the appointment of new magistrates; to provide 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 appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, particularly by an Act approved March 28, 1984 (Ga. L. 1984, p. 4957), 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 number of magistrates authorized for the Magistrate Court of Fulton County shall be five magistrates. Section 2 . Said Act is further amended by striking subsection (a) of Section 2 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) On the effective date of this Act, the three persons holding office as magistrates of Fulton County shall continue to hold office for the balance of the term for which they shall have been appointed, which will expire on December 31, 1992. The two additional magistrates authorized by this Act shall be selected by majority vote of the judges of the State Court of Fulton County for terms expiring on December 31, 1996. Successors to all magistrates shall be selected by a majority
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of the judges of the state court of Fulton County for terms as provided by general law. 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 1992 session of the General Assembly of Georgia a bill to amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, particularly by an Act approved March 28, 1984, (Ga. L. 1984, p. 4957); and for other purposes. 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: January 10, 1992. /s/ David Scott Senator, 36th District
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Sworn to and subscribed before me, this 17th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 7, 1992. WILCOX COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 868 (House Bill No. 1786). AN ACT To amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. (a) Wilcox County shall be divided into five commissioner districts and each district shall be entitled to one commissioner. Such districts shall be constituted as follows:
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Commissioner District: 1 WILCOX COUNTY VTD: 0001 ROCHELLE NORTH VTD: 0003 PINEVIEW (Part) Tract: 9902. Block(s): 113B, 114B, 115, 127B, 166, 167 VTD: 0009 MAPLE BRANCH VTD: 0011 POPE CITY VTD: 0014 ROCHELLE SOUTH (Part) Tract: 9904. Block(s): 163, 164B Commissioner District: 2 WILCOX COUNTY VTD: 0002 ABBEVILLE NORTH (Part) Tract: 9901. Block(s): 116, 117, 118A, 118B, 119, 120, 128, 129, 130, 131, 132, 133, 134B, 137, 138A, 138B, 139A, 139B, 139C, 140, 141, 142, 143, 156, 157, 158, 159, 160, 161, 162, 164, 165, 166, 167, 168, 169, 170, 171, 173, 174, 175, 176, 177, 178, 179, 180, 181, 190 VTD: 0003 PINEVIEW (Part) Tract: 9902. Block(s): 104, 105, 106, 107, 108B, 109, 110, 111, 112, 113A, 114A, 127A, 128A, 128B, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 148B, 149A, 149B, 150, 153, 159, 160 VTD: 0012 RYALS MILL (Part) Tract: 9901. Block(s): 101, 102, 115 Tract: 9902. Block(s): 101, 102, 103, 154, 155, 156, 157, 158 VTD: 0015 ABBEVILLE SOUTH (Part) Tract: 9901. Block(s): 153A, 155, 189, 191, 192, 194, 195, 196, 197A, 205, 206, 207, 211, 212A, 212B, 216C, 223, 225A, 226, 227A, 238
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Commissioner District: 3 WILCOX COUNTY VTD: 0004 PITTS DIST VTD: 0005 SEVILLE VTD: 0007 DOUBLE RUN VTD: 0014 ROCHELLE SOUTH (Part) Tract: 9904. Block(s): 154, 155, 156, 157A, 157B, 192A, 192B Block(s): That part of Block 265C which lies east of Mill Creek Block(s): 266, 269, 270, 271, 272 Commissioner District: 4 WILCOX COUNTY VTD: 0002 ABBEVILLE NORTH (Part) Tract: 9901. Block(s): 121, 127 VTD: 0003 PINEVIEW (Part) Tract: 9902. Block(s): 151, 152, 161, 162 VTD: 0006 DAVIS MILL VTD: 0010 PLEASANT GROVE VTD: 0012 RYALS MILL (Part) Tract: 9901. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 122, 123 VTD: 0014 ROCHELLE SOUTH (Part) Tract: 9904. Block(s): 127, 128, 130, 131, 139, 140, 165B, 193, 194, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 234B, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 252, 253, 254, 261, 262, 263, 264, 265A, 265B Block(s): That part of Block 265C which lies west of Mill Creek Block(s): 267, 268, 276
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Commissioner District: 5 WILCOX COUNTY VTD: 0002 ABBEVILLE NORTH (Part) Tract: 9901. Block(s): 134A, 135, 136, 144, 145A, 145B, 163, 182, 183 VTD: 0008 FOREST GLEN VTD: 0013 SIBBLE VTD: 0015 ABBEVILLE SOUTH (Part) Tract: 9901. Block(s): 124, 125, 126, 146, 147, 148, 149, 150, 151, 152, 153B, 154, 172A, 172B, 184, 185, 186, 187, 188, 193, 197B, 201A, 201D, 201E, 202, 204, 208, 209, 210, 213, 214A, 214B, 215, 216A, 216B, 217, 218, 219, 220, 221, 222, 224, 225B, 227B, 228, 229, 230, 231, 232, 233, 234, 237, 239, 240, 241, 257, 258 Tract: 9904. Block(s): 133, 134, 135, 136, 137, 138, 201, 202, 255, 256, 257, 258, 259, 280C, 281 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown
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on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Wilcox County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Wilcox County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Commissioner Districts 1, 2, 3, 4, and 5 as they existed on January 1, 1992, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section. Section 2 . Said Act is further amended by striking subsections (a), (b), and (c) of Section 3 and inserting in their place new subsections (a), (b), and (c) to read as follows: (a) The members of the board of commissioners in office on January 1, 1992, representing former Commissioner Districts 1, 3, and 5 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, members of the board shall be elected from Commissioner Districts 1, 3, and 5 pursuant to this Act and shall serve for terms of four years and until their successors
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are elected and qualified and shall take office on January 1 immediately following their election. (b) The members of the board of commissioners in office on January 1, 1992, representing former Commissioner Districts 2 and 4 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, members of the board shall be elected from Commissioner Districts 2 and 4 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. (c) Reserved. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Wilcox County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 Session of the General Assembly of Georgia, a bill to amend an act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (GA. L. 1939 p. 782) as amended, establish district boundaries, and for other purposes.
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Chairman, Wilcox County Board of Commissioners January 24, 1992 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Newt Hudson, who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch, which is the official organ of Wilcox County, on the following date: January 24, 1992. /s/ Newt Hudson Representative, 117th District Sworn to and subscribed before me, this 19th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 7, 1992. WILCOX COUNTYBOARD OF EDUCATION; DISTRICTS. No. 869 (House Bill No. 1787). AN ACT To amend an Act providing for the continuing existence of the Wilcox County School District and the Wilcox County board of education, approved March 30, 1989 (Ga. L. 1989, p.
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4452), so as to change the composition of the education districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the continuing existence of the Wilcox County School District and the Wilcox County board of education, approved March 30, 1989 (Ga. L. 1989, p. 4452), is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. The Wilcox County School District shall be divided into five education districts and each district shall be entitled to one member on the Wilcox County board of education. Such districts shall be constituted as follows: Education District: 1 WILCOX COUNTY VTD: 0001 ROCHELLE NORTH VTD: 0003 PINEVIEW (Part) Tract: 9902. Block(s): 113B, 114B, 115, 127B, 166, 167 VTD: 0009 MAPLE BRANCH VTD: 0011 POPE CITY VTD: 0014 ROCHELLE SOUTH (Part) Tract: 9904. Block(s): 163, 164B Education District: 2 WILCOX COUNTY VTD: 0002 ABBEVILLE NORTH (Part) Tract: 9901. Block(s): 116, 117, 118A, 118B, 119, 120, 128, 129, 130, 131, 132, 133, 134B, 137, 138A, 138B, 139A, 139B, 139C, 140, 141, 142, 143, 156, 157, 158, 159,
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160, 161, 162, 164, 165, 166, 167, 168, 169, 170, 171, 173, 174, 175, 176, 177, 178, 179, 180, 181, 190 VTD: 0003 PINEVIEW (Part) Tract: 9902. Block(s): 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113A, 114A, 127A, 128A, 128B, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 148B, 149A, 149B, 150, 153, 159, 160 VTD: 0012 RYALS MILL (Part) Tract: 9901. Block(s): 101, 102, 115 Tract: 9902. Block(s): 101, 102, 103, 154, 155, 156, 157, 158 VTD: 0015 ABBEVILLE SOUTH (Part) Tract: 9901. Block(s): 153A, 155, 189, 191, 192, 194, 195, 196, 197A, 205, 206, 207, 211, 212A, 212B, 216C, 223, 225A, 226, 227A, 238 Education District: 3 WILCOX COUNTY VTD: 0004 PITTS DIST VTD: 0005 SEVILLE VTD: 0007 DOUBLE RUN VTD: 0014 ROCHELLE SOUTH (Part) Tract: 9904. Block(s): 154, 155, 156, 157A, 157B, 192A, 192B Block(s): That part of Block 265C which lies east of Mill Creek Block(s): 266, 269, 270, 271, 272 Education District: 4 WILCOX COUNTY VTD: 0002 ABBEVILLE NORTH (Part) Tract: 9901. Block(s): 121, 127 VTD: 0003 PINEVIEW (Part) Tract: 9902.
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Block(s): 151, 152, 161, 162 VTD: 0006 DAVIS MILL VTD: 0010 PLEASANT GROVE VTD: 0012 RYALS MILL (Part) Tract: 9901. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 122, 123 VTD: 0014 ROCHELLE SOUTH (Part) Tract: 9904. Block(s): 127, 128, 130, 131, 139, 140, 165B, 193, 194, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 234B, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 252, 253, 254, 261, 262, 263, 264, 265A, 265B Block(s): That part of Block 265C which lies west of Mill Creek Block(s): 267, 268, 276 Education District: 5 WILCOX COUNTY VTD: 0002 ABBEVILLE NORTH (Part) Tract: 9901. Block(s): 134A, 135, 136, 144, 145A, 145B, 163, 182, 183 VTD: 0008 FOREST GLEN VTD: 0013 SIBBLE VTD: 0015 ABBEVILLE SOUTH (Part) Tract: 9901. Block(s): 124, 125, 126, 146, 147, 148, 149, 150, 151, 152, 153B, 154, 172A, 172B, 184, 185, 186, 187, 188, 193, 197B, 201A, 201D, 201E, 202, 204, 208, 209, 210, 213, 214A, 214B, 215, 216A, 216B, 217, 218, 219, 220, 221, 222, 224, 225B, 227B, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 239, 240, 241, 257, 258 Tract: 9904. Block(s): 133, 134, 135, 136, 137, 138, 201, 202, 255, 256, 257, 258, 259, 280C, 281
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(b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Wilcox County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Wilcox County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Education Districts 1, 2, 3, 4, and 5 as they existed on January 1, 1992, shall continue to be designated as Education
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Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section. Section 2 . Said Act is further amended by striking subsections (a), (b), and (c) of Section 4 and inserting in their place new subsections (a), (b), and (c) to read as follows: (a) The members of the board of education in office on January 1, 1992, representing former Education Districts 1, 3, and 5 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, members of the board shall be elected from Education Districts 1, 3, and 5 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. (b) The members of the board of education in office on January 1, 1992, representing former Education Districts 2 and 4 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, members of the board shall be elected from Education Districts 2 and 4 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. (c) Reserved. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Wilcox County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as
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amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 session of the General Assembly of Georgia a bill to amend an act to provide for the Board of Education of Wilcox County and to consolidate and restate provisions of law relating to the board, approved Feb. 11, 1992, 1992, and for other purposes. This date of February 11, 1992. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Newt Hudson, who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch, which is the official organ of Wilcox County, on the following date: February 13, 1992. /s/ Newt Hudson Representative, 117th District Sworn to and subscribed before me, this 19th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 7, 1992.
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EARLY COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 870 (House Bill No. 2090). AN ACT To amend an Act creating a Board of Commissioners of Early County, approved March 24, 1933 (Ga. L. 1933, p. 515), as amended, particularly by an Act approved March 18, 1983 (Ga. L. 1983, p. 4256), so as to change the provisions relating to the commissioner districts in said county; to provide for definitions and inclusions; to provide for terms and manner of election; to provide for certain submissions 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 Board of Commissioners of Early County, approved March 24, 1933 (Ga. L. 1933, p. 515), as amended, particularly by an Act approved March 18, 1983 (Ga. L. 1983, p. 4256), is amended by striking Section 3 thereof and inserting in its place a new Section 3 to read as follows: Section 3. (a) For purposes of electing members of the Board of Commissioners of Early County, other than the chairman, Early County is divided into four commissioner districts as follows: Commissioner District 1 : All that portion of Early County, Georgia, which lies generally north of a line described as follows: Begin at a point on the west line of Early County, Georgia, where the same is intersected by the centerline of Georgia Highway #62; thence run in a northeasterly direction along the centerline of Georgia Highway #62 until it intersects with the centerline of County Road #147; thence run in a northwesterly direction along the centerline of County Road #147 until it intersects with the centerline of County Road #113; thence run in a northerly direction along the centerline of County Road
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#113 until it intersects with the centerline of County Road #4; thence run in a westerly direction along the centerline of County Road #4 until it intersects with the centerline of County Road #3; thence run in a northerly direction along the centerline of County Road #3 until it intersects with the centerline of County Road #1; thence run in an easterly direction along the centerline of County Road #1 until it intersects with the west margin of the city limits of the City of Blakely, Georgia; thence run in a northerly direction along said city limits margin until it intersects with the centerline of Georgia Highway #39; thence run in a southeasterly direction along the centerline of Georgia Highway #39 until it intersects with the centerline of Dean Avenue; thence run in a southerly direction along the centerline of Dean Avenue until it intersects with the centerline of Fort Gaines Street; thence run in a southerly direction along the centerline of Fort Gaines Street until it intersects with the centerline of Washington Avenue; thence run in an easterly direction along the centerline of Washington Avenue until it intersects with the centerline of Lee Street; thence run in a southerly direction along the centerline of Lee Street until it intersects with the centerline of the right-of-way of the Central of Georgia Railroad; thence run in a northeasterly direction along said railroad centerline until it intersects with the extreme east margin of the city limits of the City of Blakely, Georgia; thence run in a southeasterly direction along said extreme east margin of the city limits of the City of Blakely, Georgia, until same intersects with the centerline of Georgia Highway #62; thence run in an easterly direction along the centerline of Georgia Highway #62 until it intersects with the center of Spring Creek; thence run in a northerly direction along the center of Spring Creek to the Early County Line. Commissioner District: 1 EARLY COUNTY VTD: 0002 BLAKELY (Part) Tract: 9901.98 Block(s): 157, 158, 159, 160, 161, 162, 163, 172, 173, 175, 176, 177, 178 Tract: 9902. Block(s): 147A, 147B, 169, 170, 171, 172, 173, 174,
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175, 176A, 176B, 177, 178, 218A, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 333, 334, 335, 336, 339, 401B, 404, 405, 406, 407, 408, 414, 432, 433, 434 Tract: 9903. Block(s): 155, 156, 157, 158, 159 VTD: 0006 HILTON (Part) Tract: 9903. Block(s): 227, 228, 229, 236, 237, 238, 239, 240, 243, 244, 245 VTD: 0008 COLOMOKEE VTD: 0009 URQUHART VTD: 0010 FREEMAN (Part) Tract: 9902. Block(s): 317, 318, 319, 320, 321, 322, 323, 324 Tract: 9903. Block(s): 110, 111, 112, 113, 114, 115, 116, 117, 148, 149, 150, 151, 153, 154, 231, 232, 233, 234, 235, 241, 242 Commissioner District 2: All that portion of Early County, Georgia, lying generally east of a line described as follows: Begin at a point on the south line of Early County, Georgia, where the same is intersected by the centerline of U. S. Highway #27; thence run in a northwesterly direction along the centerline of U. S. Highway #27 until it intersects with the center of Blue Creek; thence run in a southwesterly direction along the center of Blue Creek until it intersects with County Road #45 (Blakely-Centerville Road); thence run in a northwesterly direction along the centerline of County Road #45 until it intersects with the centerline of Georgia Highway #39; thence run along the centerline of Georgia Highway #39 until it intersects with the south margin of the city limits of Blakely, Georgia; thence run in an easterly direction along said south margin to the southeast corner of the city limits of the City of Blakely, Georgia; thence run in a northerly direction along the east city limit line until it intersects with the centerline of U. S. Highway #27; thence run in a northwesterly direction along the centerline of U. S. Highway #27 until it intersects with the centerline of County Street; thence run in a
Page 5751
northerly direction along the centerline of County Street until it intersects with the centerline of South Boulevard; thence run in a westerly direction along the centerline of South Boulevard until it intersects with the centerline of Lancelot Lane; thence run in a northerly direction along the centerline of Lancelot Lane until it intersects with the centerline of County Street; thence run in a northwesterly direction along the centerline of County Street until it intersects with the centerline of Bay Street; thence run in a northerly direction along the centerline of Bay Street until it intersects with the centerline of Hogan Avenue; thence run in an easterly direction along the centerline of Hogan Avenue until it intersects with the centerline of Plant Street; thence run in a northerly direction along the centerline of Plant Street until it intersects with the centerline of Liberty Street; thence run in an easterly direction along the centerline of Liberty Street until it intersects with the centerline of Georgia Highway #200; thence run in a southeasterly direction along the centerline of Georgia Highway #200 until it intersects with the centerline of Breastworks Branch; thence run in a northerly direction along the centerline of Breastworks Branch until same intersects with the centerline of Georgia Highway No. 62; thence run in an easterly direction along the centerline of Georgia Highway #62 until it intersects with the center of Spring Creek; thence run in a northerly direction along the center of Spring Creek to the county line. Commissioner District: 2 EARLY COUNTY VTD: 0001 ARLINGTON (Part) Tract: 9901.98 Block(s): 101B, 102B, 103B, 104, 105, 106A, 106B, 107, 108A, 108B, 109, 110A, 110B, 111, 112, 113, 114, 115, 116A, 116B, 117A, 117B, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 129A, 129B, 130, 131, 132, 133A, 133B, 134, 135, 136, 137, 138, 139, 140B, 140C, 141B, 142B, 143B, 144B, 148, 149, 150, 151, 152, 153, 154, 155, 156, 164, 165, 166, 167, 168, 169, 170, 171, 174, 181, 182, 183, 184, 185, 186 VTD: 0002 BLAKELY (Part)
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Tract: 9901.98 Block(s): 179 Tract: 9904. Block(s): 101, 102, 103, 104, 116, 117, 118, 119, 120, 121, 122A, 122B, 123, 124, 125, 126A, 126B, 127A, 127B, 131, 132, 135, 136, 137, 146A, 169, 170, 171, 213, 311B VTD: 0004 CUBA (Part) Tract: 9904. Block(s): 126C, 126D, 127C, 128, 129, 130, 133, 134, 138, 139, 140, 141, 142, 143, 144, 145, 146B, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 216B, 218, 219 VTD: 0005 DAMASCUS Commissioner District 3: All of the land located in Early County, Georgia, and in the City of Blakely, Georgia, which is not contained in Districts 1, 2, and 4. Commissioner District: 3 EARLY COUNTY VTD: 0002 BLAKELY (Part) Tract: 9902. Block(s): 330A, 332, 337, 338, 340, 341, 342, 343, 344, 345, 401A, 402, 403, 409, 410, 411, 412, 413, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431 Tract: 9903. Block(s): 101, 102, 103, 104, 105, 106, 107A, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142A, 143A, 145, 201, 202, 203, 204A, 205, 206, 207, 208, 212A Tract: 9904. Block(s): 105A, 105B, 105C, 105D, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 214, 215, 216A, 217, 301, 302, 303, 304, 305A, 306, 307, 308, 309, 310, 311A, 312A, 313, 314
Page 5753
VTD: 0010 FREEMAN (Part) Tract: 9903. Block(s): 107B, 108, 109, 118, 119, 120, 121, 122, 123, 124, 125, 126B, 142B, 143B, 144, 146, 147, 152 Commissioner District 4: All that portion of Early County, Georgia, being generally the southwest portion of said county and being more particularly described as lying south of a line described as follows: Begin at the west line of Early County, Georgia, where the same is intersected by the centerline of Georgia Highway #62; thence run in a northeasterly direction along the centerline of Georgia Highway #62 until it intersects with the east margin of the city limits of Blakely, Georgia; thence run in a southerly direction along said city limits to the southeast corner of the city limits of Blakely, Georgia; thence run in an easterly direction along said south margin of the city limits of Blakely, Georgia, until the same intersects with the centerline of Old Lucille County Road No. 24; thence run in a southerly direction along the centerline of Old Lucille County Road No. 24 until it intersects with the centerline of Angus Drive; thence run in an easterly direction along the centerline of Angus Drive until it intersects with the centerline of Georgia Highway No. 39; thence run in a southerly direction along the centerline of Georgia Highway #39 until it intersects with the centerline of County Road #45 (Blakely-Centerville Road); thence run in a southerly direction along the centerline of County Road #45 until it intersects with the center of Blue Creek; thence run in a northeasterly direction along the center of Blue Creek until it intersects with the centerline of U. S. Highway #27; thence run in a southeasterly direction along the centerline of U. S. Highway #27 until it intersects with the county line. Commissioner District: 4 EARLY COUNTY VTD: 0002 BLAKELY (Part) Tract: 9903. Block(s): 204B, 209, 210, 211, 212B, 213, 214, 215,
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217, 218, 219, 220, 221, 222, 223, 224, 225, 252, 253, 254 VTD: 0003 CEDAR SPRINGS VTD: 0004 CUBA (Part) Tract: 9903. Block(s): 216 Tract: 9904. Block(s): 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 305B, 312B, 315A, 315B, 316, 320, 321, 322, 323 VTD: 0006 HILTON (Part) Tract: 9903. Block(s): 226, 230, 246, 247, 248, 249, 250, 251, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294 Tract: 9905. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 121, 122, 123, 124, 125, 126, 127, 128, 132B, 132C, 134B, 134C, 196, 197 VTD: 0007 JAKIN VTD: 0011 LUCILLE (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in
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the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Early County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Early County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) VTD designations contained in the latter part of each commissioner district description are included for convenience only. In the event of a conflict between the geographical description included in the former part of each commissioner district description and the VTD designation, the geographical description shall control. (d) The members of the Board of Commissioners of Early County in office on March 1, 1992, and any person selected to fill a vacancy in such office shall continue to serve out the terms of office to which they were elected and until their respective successors are elected and qualified. The newly described commissioner districts provided in this section shall apply to the nomination and election of successors to the members of such board of commissioners whose terms of office expire in 1992 and thereafter.
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(e) The voters of each commissioner district shall elect a county commissioner from their district. The fifth member of the board of commissioners shall be the chairman and shall be elected from the county at large. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Commissioners of Early County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Early County, approved March 14, 1933, (Ga. L. 1933, p. 515), as amended; and for other purposes. This the 3rd day of March, 1992. /s/ Ralph J. Balkcom Representative, 140th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph J. Balkcom, who, on oath, deposes and says that he is Representative from the 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News, which is the official organ of Early County, on the following date: March 5, 1992.
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/s/ Ralph J. Balkcom Representative, 140th District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 7, 1992. SUMTER COUNTY LIVESTOCK AUTHORITYCREATION. No. 871 (House Bill No. 1662). AN ACT To create a public body corporate and politic, and an instrumentality of the County of Sumter, to be known as the Sumter County Livestock Authority; 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 and duties 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 repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Definitions. As used in this Act, the term:
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(1) Authority means the Sumter County Livestock 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 or 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;
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(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 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.
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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 Sumter 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 operation of a livestock sale facility within Sumter County. (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 2 . Creation of authority. (a) There is created the Sumter County Livestock Authority which shall be a body corporate and politic and is declared to be a public corporation created for the operation of a livestock sale facility within Sumter County. The authority shall have a board of directors which shall consist of nine members, appointed by the Board of Commissioners of Sumter County. Of the initial appointees, three shall serve terms of one year, two shall serve terms of two years, two shall serve terms of three years, and two shall serve terms of four years. Their successors and all subsequent members shall be appointed for terms of four years. Vacancies shall be filled for the unexpired remainder of the term by appointment by the Board of Commissioners of Sumter County. Such board may remove any member for cause. 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
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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 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.
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(c) The directors of the authority shall be reimbursed for actual expenses incurred in the performance of their duties. Section 3 . Powers and duties 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 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 futher or carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trust indentures, trust agreements,
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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 purpose 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
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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 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
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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 Sumter County or any municipal corporation within Sumter 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, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (19) 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; (20) 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;
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(21) 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 (22) 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. (c) The authority shall adopt a fiscal year which shall be the same as the fiscal year of the governing authority of Sumter County. At least quarterly, the authority shall pay to the governing authority of Sumter County for deposit into the county treasury any profits from authority operations after payment of expenses and any debt service; provided, however, that the authority shall be entitled to maintain a cash reserve account which shall not exceed an amount equal to 25 percent of the most recent quarterly profits; provided, further, that the governing authority of Sumter County may, at its discretion, allow the retention of a larger reserve account for good cause shown. (d) The authority shall, at least annually, cause an independent audit of its finances to be performed and shall present a copy of such audit to the governing authority of Sumter County, which audit shall be made available to the public. Section 4 . 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
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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 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.
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(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 Sumter 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 (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.
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Section 5 . 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 authority to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. Section 6 . 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.
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Section 7 . 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 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 8 . 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 9 . Repeal. 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 request of the Board of Commissioners of Sumter County, notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to create a public body corporate and politic and an instrumentality of the County of Sumter to be known as the Sumter County Livestock Authority; to provide for membership, powers and duties and related matters; to provide for the issuance of bonds; to provide for the tax exemption of its properties, income and obligations; to provide for matters relative to the foregoing; and for other purposes. This 30th day of January, 1992. 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: February 1, 1992. /s/ Jimmy Skipper Representative, 116th District Sworn to and subscribed before me, this 11th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 7, 1992.
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CITY OF MONTICELLOCITY MANAGER; CITY TREASURER. No. 876 (House Bill No. 2019). AN ACT To amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, so as to provide for the appointment of a city manager; to delete references to the appointment of a city treasurer; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, is amended by striking Section 21 in its entirety and inserting in its place a new Section 21 to read as follows: Section 21. The city council shall, at their first meeting after election and qualification, appoint a city clerk, police chief, fire chief, attorney, and city manager who shall hold office for such period of time and receive such compensation as may be provided by the city council. Said city council likewise may appoint such other city employees as in their opinion should be employed. All such employees shall be appointed for such term and upon such conditions as may be prescribed by the city council and shall receive such compensation as may be provided at the time of appointment. 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 1992 session of the General Assembly of Georgia a bill to
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amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended; to repeal conflicting laws; and for other purposes. This 7 day of February, 1992. Honorable Curtis S. Jenkins Representative, 80th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Curtis S. Jenkins, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monticello News, which is the official organ of Jasper County, on the following date: February 13, 1992. /s/ Curtis S. Jenkins Representative, 80th District Sworn to and subscribed before me, this 4th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 7, 1992.
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CITY OF KENNESAWCORPORATE LIMITS. No. 878 (House Bill No. 1610). AN ACT To amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4081), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4081), 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 127 of the 20th District, 2nd Section of Cobb County, Georgia being more particularly described as follows: BEGINNING at the southeasterly intersection of the southeasterly side of Old U. S. 41 Highway right-of-way and the westerly side of Cathey lane; thence running West along said side of Old U. S. 41 Highway, a distance of 121.8 feet to a point and corner; thence Southwest 206 feet to an iron pin; thence easterly, a distance of 154.3 feet to the West side of Cathey Lane; thence northeasterly along the West side of Cathey Lane, a distance of 201.3 feet to an iron pin; said property consisting of.6454 acres. All that tract or parcel of land lying and being in Land Lots 51 and 52 of the 20th District, 2nd Section, Cobb
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County, Georgia and being more particularly described as follows: BEGINNING at the northeast corner of Land Lot 51; thence running South 0 degrees 51 minutes 43 seconds West, a distance of 386 feet to an iron pin; thence South 89 degrees 46 minutes 33 seconds East, a distance of 555.9 feet to an iron pin on the West side of Baker Road (a 30 foot right-of-way); thence South following the curvature of the West side of Baker Road, a distance of 2279.31 feet to an iron pin; thence South 51 degrees 31 minutes 38 seconds West, a distance of 555.83 feet to an iron pin; thence South 0 degrees 51 minutes 04 seconds, a distance of 631.60 feet to the northeast side of the L N and SCL Railroad right-of-way (70 ft. right-of-way); thence running northwesterly following the curvature of the north side of the railroad easement, a distance of 1196.65 feet to the East side of Cecil Lake Drive (50 ft. right-of-way); thence North following the curvature of the East side of Cecil Lake Drive right-of-way, a distance of 2185.66 feet to an iron pin; thence South 88 degrees, 47 minutes, 46 seconds East, a distance of 579.67 feet to an iron at the Northeast corner of Land Lot 51 and the POINT OF BEGINNING; said tract containing 66.5453 acres. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended; and for other purposes. This 14 day of January, 1992. Jack Vaughan Delegation Secretary Honorable Fred Aikin Representative, 21st District Honorable Bill Atkins
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Representative, 21st District Honorable Eugene T. Clark Representative, 20th District Honorable Tom Cauthorn Representative, 20th District Honorable Lynda Coker Representative, 21st District Honorable John W. Hammond Representative, 20th District Honorable Kip Klein Representative, 21st District Honorable Debra A. Mills Representative, 20th District Honorable Jack Vaughan Representative, 20th District Honorable Tom Wilder Representative, 21st District Honorable Charles C. Clay Senator, 37th District Honorable Sallie Newbill Senator, 56th District Honorable Hugh A. Ragan Senator, 32nd District Honorable Steve Thompson Senator, 33rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John 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: January 17, 1992. /s/ John Hammond Representative, 20th District
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Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. CITY OF SKY VALLEYMAYOR PRO TEMPORE; PRESIDENT OF THE COUNCIL; MAYOR'S DUTIES; DEPARTMENTS; VACANCIES. No. 884 (House Bill No. 1898). AN ACT To amend an Act incorporating the City of Sky Valley, approved March 24, 1978 (Ga. L. 1978, p. 4292), as amended, so as to change the provisions relating to the mayor pro tem.; to change the name of such office to the president of the council; to change the provisions relating to the powers and duties of the mayor; to change the provisions relating to the operations and responsibilities of city departments; to change the provisions relating to vacancies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act incorporating the City of Sky Valley, approved March 24, 1978 (Ga. L. 1978, p. 4292), as amended, is amended by striking in its entirety subsection (b) of Section 2.20 and inserting in lieu thereof a new subsection (b) to read as follows: (b) The council, by majority vote of all the members thereof, shall elect one of their number to be president of the
Page 5779
council, who shall serve for a term of one (1) year and until his successor is elected and qualified. The president of the council shall assume the duties and powers of the mayor upon the mayor's disability or absence or upon the event of a vacancy in that office. Section 2 . Said Act is further amended by striking in its entirety subsection (a) of Section 3.12 and inserting in lieu thereof a new subsection (a) to read as follows: (a) As the chief executive of the City of Sky Valley, the mayor shall: (1) 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 and subject to approval or disapproval by the majority of the council; (3) Exercise supervision over all the 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 recommend a capital budget; (5) Submit to the council at least once a year a statement covering the financial and general conditions of the city and from time to time such other information as the council may request; (6) Recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as may be deemed expedient; (7) Call special meetings of the council as provided for in Section 2.21;
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(8) Approve or disapprove ordinances as provided in Section 2.28; (9) Examine and audit all accounts of the city before payment; (10) Require any department, agency, or officer of the city to submit written reports on the duties thereof whenever it is deemed expedient; (11) Be the official head of the city for the service of process and for ceremonial purposes; (12) See that all funds of the city are properly accounted for and that all revenues are properly and promptly collected; (13) Inspect or cause to be inspected the records and books of account of the officers of the city and see that they are properly and correctly kept; (14) See that order is maintained in the city and that its property and effects are preserved; (15) Perform such other duties as may be required by law, this charter, or ordinance; (16) Preside at all meetings of the city council. Section 3 . Said Act is further amended by striking Section 3.13 in its entirety and inserting in lieu thereof a new Section 3.13 to read as follows: Section 3.13. President of the council. During the absence or disability of the mayor for any cause, the president of the council, appointed by the council, or in his absence or disability for any reason, any councilman chosen by the council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue.
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Section 4 . Said Act is further amended by striking in its entirety subsection (b) of Section 3.20 and inserting in lieu thereof a new subsection (b) to read as follows: (b) The operations and responsibilities of each department established in the city shall be distributed among such division or bureaus as may be provided by the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance consistent with this charter and shall be subject to the general supervision and guidance of the mayor and city council. The department heads shall report directly to the mayor. Section 5 . Said Act is further amended by striking Section 5.14 in its entirety and inserting in lieu thereof a new Section 5.14 to read as follows: Section 5.14. Vacancies. In the event that the office of mayor shall become vacant for any cause whatsoever, the president of the council shall act as mayor until the next general election with all the powers and duties of the mayor. In the event that the office of councilman shall become vacant for any cause whatsoever, such vacancy shall be filled by appointment of the city council. The tenure of office of a councilman so appointed shall continue only until the next general election. Section 6 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Sky Valley, approved March 24, 1978 (Ga. L. 1978, p. 4292), as amended; and for other purposes. This 4th day of February, 1992. City of Sky Valley
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune, which is the official organ of Rabun County, on the following date: February 6, 1992. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 20th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. TURNER COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 885 (House Bill No. 2004). AN ACT To amend an Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4563), so as to provide new commissioner districts; to provide for definitions and inclusions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1 . An Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4563), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following: Section 1. (a) There is established in Turner County a board of commissioners which shall be the governing authority of said county and shall be composed of five members as hereinafter provided. For the purpose of electing members of the board, Turner County shall be divided into five commissioner districts as follows: Commissioner District: 1 TURNER COUNTY VTD: 0001 ASHBURN (Part) Tract: 9702. Block(s): 293, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 312A, 313, 314, 315, 316, 317, 318, 319, 323, 324, 325, 331, 334, 335, 336, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 440, 444, 445 Commissioner District: 2 TURNER COUNTY VTD: 0001 ASHBURN (Part) Tract: 9702. Block(s): 320, 321, 322, 326, 327, 328, 329, 330, 332, 333, 401, 402, 403, 404, 405, 422, 423, 424, 425, 426, 427, 428, 429, 430A, 430B, 431A, 431B, 432, 433, 434, 435, 436, 437, 438A, 438B, 439A, 439B, 529, 530, 531, 534, 535, 536, 537, 538, 539, 540, 541A, 541B Commissioner District: 3 TURNER COUNTY VTD: 0001 ASHBURN (Part) Tract: 9702. Block(s): 123A, 130A, 139A, 139B, 139C, 140, 141,
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142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 157, 158, 159, 160, 161, 162, 163, 164, 231A, 231B, 232A, 232B, 233, 234, 235A, 235B, 252, 253, 254, 276, 292, 294, 295, 296, 297, 309B, 310, 311, 312B, 441, 442, 443 Tract: 9703. Block(s): 212 VTD: 0006 CLOVERDALE VTD: 0007 DAKOTA (Part) Tract: 9702. Block(s): 204, 205, 216, 217, 218, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230 VTD: 0008 HOBBY VTD: 0009 DAVIS Commissioner District: 4 TURNER COUNTY VTD: 0001 ASHBURN (Part) Tract: 9702. Block(s): 120, 121, 122, 123B, 123C, 128, 129, 130B, 131, 132, 133, 134, 135, 136, 137, 138, 154, 155, 156, 165, 166, 501, 502, 503, 504, 505A, 505B, 506A, 506B, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 532, 533, 542, 543A, 543B, 544, 545A, 545B, 546A, 546B, 547, 548, 549 Tract: 9703. Block(s): 127 VTD: 0002 SYCAMORE (Part) Tract: 9703. Block(s): 107, 124, 125, 126 VTD: 0003 REBECCA VTD: 0004 CLEMENTS (Part) Tract: 9703. Block(s): 120, 121, 134, 135, 142, 143, 146 VTD: 0005 AMBOY VTD: 0007 DAKOTA (Part) Tract: 9702. Block(s): 119, 201, 202, 203, 219, 220
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Commissioner District: 5 TURNER COUNTY VTD: 0002 SYCAMORE (Part) Tract: 9703. Block(s): 128, 129, 130, 131, 162, 163, 164, 165, 166, 167A, 167B, 168, 169, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 193, 195, 196, 197, 201, 202, 203A, 203B, 204, 205A, 205B, 206A, 206B, 207A, 207B, 208A, 208B, 209, 210, 211, 216, 223, 224, 225, 226, 227, 228, 229A, 229B, 230A, 230B, 231A, 231B, 231C, 231D, 231E, 232A, 232B, 233, 234, 235, 236, 237A, 237B, 238, 239A, 239B, 240A, 240B, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261A, 261B, 262, 263, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269A, 269B, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280A, 280B, 281A, 281B, 282, 283A, 283B, 284A, 284B, 285, 286, 287, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 368, 369, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391 VTD: 0004 CLEMENTS (Part) Tract: 9703. Block(s): 132, 133, 144, 145, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 194, 301, 302, 303, 304, 305, 306, 307, 308, 332, 333, 334, 335, 336, 337, 338, 339, 340, 392, 393, 394, 395, 396, 397 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
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(2) The term `Precinct' is synonymous with the term voting precinct and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Turner County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Turner County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) All members of the board of commissioners shall not be less than 25 years of age and shall be qualified electors of Turner County. Each of the commissioners shall have been a resident of his respective commissioner district for at least 12 months prior to the date of taking office. In the event that any member ceases to be a resident of his respective commissioner district during his term of office, a vacancy shall be created and shall be filled in the manner hereinafter provided. Each of the members shall be elected by the qualified voters of Turner County residing within his respective commissioner
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district. In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district from which he offers as a candidate. To be elected as a member of the board, a candidate must receive a majority of the total votes cast for the seat he is seeking. In the event no candidate for a particular seat receives a majority of the votes for the seat he is seeking, a run-off election shall be conducted for that particular seat. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' as now or hereafter amended. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended; to provide district boundary lines and for other purposes. This 24 day of February, 1992. Honorable Ray Holland Representative, 136th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray Holland, who, on oath, deposes and says that he is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wiregrass Farmer, which is the official organ of Turner County, on the following date: February 26, 1992. /s/ Ray Holland Representative, 136th District
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Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 13, 1992. PAULDING COUNTYBOARD OF COMMISSIONERS; ELECTIONS; MEMBERSHIP; DISTRICTS; QUALIFICATIONS; TERMS; COMPENSATION; COUNTY MANAGER; REFERENDUM. No. 886 (House Bill No. 2011). AN ACT To amend an Act creating a Board of Commissioners for Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4279), and an Act approved March 10, 1988 (Ga. L. 1988, p. 3683), so as to provide that such board shall consist of five commissioners elected from commissioner districts with a chairman selected from among their number or, in the alternative, shall consist of three commissioners elected from the county at large; to provide for qualifications for holding office; to provide for definitions and inclusions; to provide for the election and terms of office of such commissioners; to provide that members currently serving on such board shall complete their terms in office; to provide for restrictions on qualifying for other offices; to provide for an oath and bond; to provide for compensation; to provide for the employment of a county manager; to provide for the duties of said county manager; to provide for the appointment of county officials and employees; to provide for submission of this Act to the United States Attorney General; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Page 5789
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1-1 . An Act creating a Board of Commissioners for Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4279), and an Act approved March 10, 1988 (Ga. L. 1988, p. 3683), is amended by deleting in its entirety Section 2 and inserting in lieu thereof the following: Section 2. Composition of Board. (a) The commission established in this Act shall consist of five members, of which one member shall be known as chairman and four members shall be known as commissioners. Each of the five members shall reside in the district such member represents and shall be elected by a majority vote of the voters of the entire county voting at the elections provided for in this Act. Positions on the board shall be designated as Post 1, Post 2, Post 3, Post 4, and Post 5. All candidates for membership on the board shall designate the post for which they are offering. (b) Each member of the commission shall be a citizen and resident of this state who has attained the age of 25 years, shall have been a resident of Paulding County for not less than one year next preceding his election, and shall hold no other elective public office. (c) At the first commission meeting after January 1 of each year, the five commissioners shall elect one member from their ranks to be the chairman. It shall be the responsibility of the chairman to preside over all meetings and be the designated county representative for all meetings requiring the presence of a county official. Section 1-2 . Said Act is further amended by deleting in its entirety Section 3 and inserting in lieu thereof the following:
Page 5790
Section 3. (a) Election and Term of Commissioners. The three members of the board of commissioners serving on the effective date of this Act shall continue to serve for the remainder of their terms. At the general election held in 1992, the commissioner for Post 1 and the chairman shall be elected from the posts in effect on the effective date of this Act for two-year terms to commence on January 1, 1993, and expire December 31, 1994. At the general election held in 1994, the commissioners for Post 1, Post 2, and Post 3 shall be elected for four-year terms and commissioners for Post 4 and Post 5 shall be elected for two-year terms to represent the commissioner districts set forth in subsection (b) of this section. All commissioners to take office on January 1, 1995. Thereafter, all successors shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (b) For the purpose of electing members of the board of commissioners, Paulding County shall be divided into five commissioner districts as follows: Commissioner District: 1 PAULDING COUNTY VTD: 0003 W.C. ABNEY SCHOOL VTD: 0008 UNION ELEMENTARY SCHOOL (Part) Tract: 1204. Block(s): 208, 209, 215, 216, 219, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 250, 251 VTD: 0009 YORKVILLE ELEM. SCHOOL VTD: 0010 BURNT HICKORY FS Commissioner District: 2 PAULDING COUNTY VTD: 0004 MCGARITY ELEM. SCHOOL (Part) Tract: 1202. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129,
Page 5791
130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 150, 151, 152, 153, 154, 155, 156, 201, 202, 203, 204, 205, 206, 207, 208, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243A, 243B, 244, 245, 246, 249A, 249B, 250A, 250B, 251A, 251C, 252, 253, 254B, 255 Tract: 1203. Block(s): 101, 102, 146B, 147, 148, 149, 150, 151 Commissioner District: 3 PAULDING COUNTY VTD: 0001 PAULDING COUNTY HS VTD: 0002 HERSHEL JONES JR. HS Commissioner District: 4 PAULDING COUNTY VTD: 0004 MCGARITY ELEM. SCHOOL (Part) Tract: 1202. Block(s): 145, 146, 147A, 147B, 147C, 147D, 147E, 148, 149, 209, 210, 211, 212, 213, 214A, 214B, 215, 216, 217, 218, 219, 247A, 247B, 248, 251B, 254A Tract: 1203. Block(s): 146A VTD: 0005 HIRAM FIRE STATION Commissioner District: 5 PAULDING COUNTY VTD: 0006 P.B. RITCH JR. HS VTD: 0007 NEW GA. RURITAN BALL FLD VTD: 0008 UNION ELEMENTARY SCHOOL (Part) Tract: 1204. Block(s): 220, 221, 222, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 252, 305, 306, 307, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357,
Page 5792
358, 359, 360, 361, 362, 366, 367, 368, 369, 370, 371, 372, 373, 374 (c) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Paulding County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Paulding County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
Page 5793
Section 1-3 . Said Act is further amended by deleting in in its entirety Section 7 and inserting in lieu thereof the following: Section 7. Oath and Bond. Before entering upon the discharge of their duties, the commissioners shall subscribe an oath before the judge of the probate court 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. Each commissioner shall give a satisfactory surety bond to be judged by said judge of the probate court of the county and payable to the judge of the probate court or his successor in office and filed in the office of the judge of the probate court in the sum of $25,000.00, conditioned upon the faithful performance of the duties of the office. The costs of said bonds shall be paid out of the county treasury. Section 1-4 . Said Act is further amended by deleting in its entirety Section 8 and inserting in lieu thereof the following: Section 8. Compensation. Each of the commissioners shall be paid a salary of $8,500.00 per annum, payable monthly, the same to be paid out of the county treasury upon warrants drawn upon the county treasury. The commissioner who is elected as chairman of the commission by the other members shall receive an additional compensation of $1,500.00 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. Section 1-5 . Said Act is further amended by deleting in its entirety Section 9 and inserting in lieu thereof the following: Section 9. Meetings. The commission shall hold regular meetings on the second and fourth Tuesdays of each month at the county seat at 2:00 p.m. on the second Tuesday and at 7:00 p.m. on the fourth Tuesday, except when such meetings fall on a holiday or have for some other reason been previously rescheduled, which meetings shall be open to the public, and may hold such additional meetings as shall
Page 5794
be necessary when called by the chairman or any three commissioners, provided all members of the commission shall have been notified at least one day in advance of such special meeting. No official action shall be taken by the commission except in a meeting which is open to the public. Any three commissioners or the chairman and any two commissioners shall constitute a quorum, but no official action shall be taken except upon the affirmative vote of at least three commissioners or two commissioners and the chairman. The chairman shall be entitled to the same voting rights as other commissioners on questions considered by the commission. Section 1-6 . Said Act is further amended by deleting in its entirety Section 10 and inserting in lieu thereof the following: Section 10. County Manager. The commission shall employ, by a majority vote, a county manager who shall serve at the pleasure of the commission pursuant to an employment agreement, which agreement may be made by the commission on such terms and conditions as the commission deems appropriate and for such duration as the commission deems appropriate not to exceed 12 months at any one time but which may be renewed for an indefinite number of additional 12 month terms. It shall be the responsibility of the county manager to act as the chief administrative officer of the county government and to generally supervise, direct, and control the administration or the affairs of the county pursuant to the powers conferred in this Act upon him and pursuant to the adopted resolutions of the commission in regard to matters reserved to the exclusive jurisdiction of the commission. The county manager shall follow all policies, procedures, and protocols as established by the commission by rule or ordinance, including but not limited to all county, state, and federal laws and ordinances. The county manager shall be authorized to make purchases for the county in an amount not exceeding $5,000.00 without the necessity of the approval of the commission. Section 1-7 . Said Act is further amended by deleting in its entirety Section 11 and inserting in lieu thereof the following:
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Section 11. The Commission. (a) The commission shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules, and regulations, when so adopted, with proper entry thereof made on the commission minutes, shall be conclusive and binding on the chairman and on the county manager. The policies, rules, and regulations so adopted by the commission shall be carried out, executed, and enforced by the county manager as chief administrative officer of the county, and the commission shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by said county manager which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the commission shall be null, void, and of no effect. (b) The following powers are vested in the commission and reserved to its exclusive jurisdiction: (1) To levy taxes; (2) To make appropriations; (3) To fix the rates of all other charges; (4) To authorize the incurring of indebtedness; (5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (6) To authorize contracts, except purchases otherwise provided for in this Act, involving the expenditure of county funds; (7) To establish, alter, or abolish public roads, private ways, bridges, and ferries according to law; provided, however, that the county manager shall have the authority
Page 5796
to accept subdivision plats when the requirements established by the commission for subdivisions have been met; (8) To establish, abolish, or change election precincts and militia districts according to law; (9) To allow the insolvent lists for the county; (10) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county or by the county manager or board of commissioners of the county; (11) To exercise all powers, duties, and authority in respect to zoning and planning; (12) To create and change the boundaries of special taxing districts authorized by law; (13) To fix the bonds of county officers where same are not fixed by statute; (14) To enact any ordinances or other legislation the county may be given authority to enact; (15) To determine the priority of capital improvements; (16) To call elections for the voting on of bonds; (17) To exercise all of the power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated, except such authority or power given to the county manager by the provisions of this Act; (18) To make purchases of not less than $1,000.00 nor more than $5,000.00 which, in the discretion of its members, are deemed necessary for the operation of the county; and
Page 5797
(19) To make purchases in amounts over $5,000.00; provided, however, that for any purchases in such amounts, advertisements for bids shall be first published for two consecutive weeks in the official organ of Paulding County. Formal, sealed bids, after said advertising has been published, must be obtained on all purchases of $5,000.00 or more. Advertisement and the obtaining of formal sealed bids may be dispensed with when, in the discretion of the commission, an emergency exists which will not permit a delay. Section 1-8 . Said Act is further amended by deleting in its entirety Section 14 and inserting in lieu thereof the following: Section 14. Appointment of County Officials and Employees. (a) The commission shall appoint the heads or chief executive officers, by whatever names designated, of the various departments of Paulding County, except the departments of the elected county officers of said county. The commission shall also appoint the county attorney, the secretary of the commission, and the county manager. The head or chief executive officer of any department, the county attorney, the secretary of the commission, and the county manager shall serve at the pleasure of the commission and may be removed from office at any time by a majority vote of the commission. Any person appointed comptroller of Paulding County shall have the qualifications specified in Section 17 of this Act. The compensation of all department heads or other chief executive officers, the county attorney, the secretary of the commission, and the county manager appointed as provided in this Act shall be fixed by the commission. (b) Unless subject to the civil service system of Paulding County, the appointment and removal of other employees of said county, other than the employees of elected county officers, shall be the same as for department heads or chief executive officers, as provided by subsection (a) of this section, and the compensation of said employees shall be fixed by the commission within budgetary limitations.
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(c) Unless subject to the civil service system of Paulding County, the elected county officers of said county shall have the sole authority to appoint and remove the personnel within their respective offices. The compensation of such personnel shall be subject to the approval of the commission. Part 2 Section 2-1 . An Act creating a Board of Commissioners for Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4279), and an Act approved March 10, 1988 (Ga. L. 1988, p. 3683), is amended by deleting in its entirety Section 2 and inserting in lieu thereof the following: Section 2. Composition of Board. (a) The commission established in this Act shall consist of two commissioners and a chairman. Each of the two commissioners and the chairman shall be elected by a majority vote of the voters of the entire county voting at the elections provided for in this Act. Positions on the board shall be designated as Post 1 and Post 2 and Chairman. All candidates for membership on the board shall designate the position for which they are offering. (b) Each member of the commission shall be a citizen and resident of this state who has attained the age of 25 years, shall have been a resident of Paulding County for not less than one year next preceding his election, and shall hold no other elective public office. (c) It shall be the responsibility of the chairman to preside over all meetings and be the designated county representative for all meetings requiring the presence of a county official. Section 2-2 . Said Act is further amended by deleting in its entirety Section 3 and inserting in lieu thereof the following:
Page 5799
Section 3. Election and Term of Commissioners. The members of the board of commissioners serving on the effective date of this Act shall continue to serve for the remainder of their terms. At the general election held in 1992, the chairman and Post 1 shall be elected for four-year terms and their terms shall commence on January 1, 1993. At the general election held in 1994, the commissioner for Post 2 shall be elected for a four-year term and his term shall begin on January 1, 1995. Thereafter, all 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. Part 3 Section 3-1 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Paulding County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of Part 1 of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date Part 1 of this Act shall be void and stand repealed in its entirety and Part 2 shall become effective. Section 3-2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Paulding County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Paulding County for approval or rejection. The election superintendent shall conduct that election on the date of 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 Paulding County. The ballot shall have written or printed thereon the words:
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() YES () NO Shall the Act be approved which increases the Board of Commissioners of Paulding County to five members who shall elect a chairman annually from among their number and who shall employ a county manager as chief administrative officer? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of Part 1 of this Act, it shall become of full force and effect immediately. If Part 1 of this Act is not so approved or if the election is not conducted as provided in this section, then Part 1 of this Act shall not become effective and it shall be automatically repealed immediately following that election date and Part 2 of this Act shall remain effective. The expense of such election shall be borne by Paulding County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3-3 . Parts 2 and 3 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Part 1 of this Act shall be effective only upon the approval of the referendum in Section 3-2 of this Act at which time Part 2 of this Act shall be void and shall be repealed. Section 3-4 . 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 1992 session of the General Assembly of Georgia a bill to change the form of government in Paulding County to a county manager and five part-time commissioners; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Page 5801
This 17th day of January, 1992. L. Charles Watts Georgia State Representative Dist. 41 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charlie Watts, who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era, which is the official organ of Paulding County, on the following date: January 23, 1992. /s/ Charlie Watts Representative, 41st District Sworn to and subscribed before me, this 28th day of January, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 13, 1992. COLQUITT COUNTYBOARD OF EDUCATION; DISTRICTS; ELECTIONS. No. 887 (House Bill No. 2040). AN ACT To amend an Act relating to the Board of Education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), as amended, particularly by an Act approved March 12,
Page 5802
1986 (Ga. L. 1986, p. 3724), so as to reapportion the education districts; to provide for definitions and insertions; to provide that members of the board shall complete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act relating to the Board of Education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), as amended, particularly by an Act approved March 12, 1986 (Ga. L. 1986, p. 3724), is amended by striking in their entirety Sections 1, 2, and 6 and inserting new sections to read as follows: Section 1. The board of education of the Colquitt County School District shall continue to consist of six members. Section 2. (a) Notwithstanding those changes in descriptions of education districts which become effective at the same time this section becomes effective, and notwithstanding the district residency requirement, members of the board serving on the effective date of this Act shall serve the term for which they were elected and until their successors are elected and qualified. (b) Effective on January 1, 1993, the members of the board representing Education Districts 1, 4 and 5 in accordance with the education districts which become effective in 1993 shall be the former members of the board of education representing Education Districts 1, 4, and 5 who were elected at the general election in 1990 under previously existing provisions of this Act, and said members of the board of education so elected shall serve for the terms of office to which they were elected, which shall expire on December 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and
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shall take office on the first day of January, 1995, for terms of four years and until their successors are elected and qualified. (c) The members representing Education Districts 2, 3, and 6 shall be elected at the general election of 1992 and shall take office on January 1, 1993, for terms of four years and until their successors are elected and qualified. (d) Successors to the members elected under subsections (b) and (c) and future successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Section 6. (a) For purposes of electing members of the board, the Colquitt County School District is divided into six education districts, as follows: Education District: 1 COLQUITT COUNTY VTD: 0009 MONK (Part) Tract: 9703. Block(s): 222, 223, 224, 225A, 225B, 226A, 226B VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 433, 523, 524, 525, 616, 617 Tract: 9708. Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 204, 205, 206, 207, 208, 209, 210 Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A VTD: 0018 SHAW
Page 5804
Education District: 2 COLQUITT COUNTY VTD: 0002 CROSLAND VTD: 0012 NORMAN PARK VTD: 0015 TY TY VTD: 0016 WARRIOR Education District: 3 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 224, 263, 264, 275, 301B, 317, 318, 319, 320, 322, 323, 324, 325A, 325C, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 418D, 419, 420, 459, 460, 461, 462 VTD: 0005 HAMILTON (Part) Tract: 9709. Block(s): 225, 226, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 276, 280, 281, 282, 283, 284, 285, 286, 287, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458 VTD: 0010 MOULTRIE (Part) Tract: 9706. Block(s): 301, 302A, 304, 305, 306A, 307A, 308A, 315A, 316, 317, 318, 322A Tract: 9708. Block(s): 108B, 109, 110, 111, 112, 113, 114, 115, 147, 148, 201, 202, 203, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301C, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 Tract: 9709.
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Block(s): 325B VTD: 0011 MURPHY VTD: 0019 AUTREYVILLE (Part) Tract: 9706. Block(s): 213, 214, 215, 234, 324, 325, 326, 327, 361, 362, 363, 364, 365, 366, 367, 370, 371 Tract: 9707. Block(s): 521B, 524, 525 Education District: 4 COLQUITT COUNTY VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 215A, 216 Tract: 9704. Block(s): 107A, 108A, 108B, 109A, 110A, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 136A, 139, 140, 141, 142, 143, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235A, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265 Tract: 9706. Block(s): 302B, 314A Tract: 9707. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 117, 118, 119, 120, 121A, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 132, 133, 134, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 404A, 405, 406A, 407, 408, 409, 410, 411, 412, 413,
Page 5806
414, 427, 428, 429, 430, 431, 432, 433, 434, 435, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630 VTD: 0019 AUTREYVILLE (Part) Tract: 9706. Block(s): 210, 211, 212, 216, 217, 218, 219, 220, 230, 231, 232, 233, 235, 236, 237, 238, 239, 240, 241, 242, 245, 246 Tract: 9707. Block(s): 509B, 510B, 510C, 511B, 511C, 512B, 513D, 516B, 517B, 517C, 518B, 520B, 520C, 526, 527, 528, 530, 531, 622C, 623C, 625B Education District: 5 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 305, 306, 307 VTD: 0003 DOERUN VTD: 0004 FUNSTON VTD: 0005 HAMILTON (Part) Tract: 9709. Block(s): 227 VTD: 0006 HARTSFIELD VTD: 0008 MILL CREEK VTD: 0009 MONK (Part) Tract: 9701. Block(s): 213, 214, 215, 216, 217, 218, 219, 220, 288, 289, 290 Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 158C, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 176, 177, 178, 289, 290, 291, 292 Tract: 9703. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147,
Page 5807
148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166 VTD: 0014 THIGPEN Education District: 6 COLQUITT COUNTY VTD: 0007 LEE VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 138A, 201A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 335A, 337, 340, 341, 342 Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B Tract: 9707. Block(s): 101, 102, 103, 104, 105, 116, 121B, 131B, 135, 136, 137, 138, 139, 401, 402A, 402B, 403A, 403B, 404B, 406B, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 501A, 502, 503, 505, 506, 537, 538A VTD: 0013 ROBINSON VTD: 0017 HOPEWELL (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
Page 5808
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of the Colquitt County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of the Colquitt County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Colquitt County are to be elected in the November, 1992, general election and in subsequent general elections and results from changes in population based on the United States decennial census of 1990. Except as provided in this Act, it is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Colquitt County to submit this Act to the United States Attorney General for approval. If, as of
Page 5809
the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3 . Except for the provisions of this Act relating to and necessary for the election of the members of the board of education of Colquitt County in 1992, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of education 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 LOCAL BILL Notice is hereby given of intention to apply for the passage at the 1992 regular session of the General Assembly of Georgia of a local bill to amend an act relating to the board of education of Colquitt County approved March 12, 1970 (Ga. L. 1970, P. 2582) and Acts amendatory thereof, and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. J. Powell, who, on oath, deposes and says that he is Representative from the 145th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer, which is the official organ of Colquitt County, on the following date: February 22, 1992. /s/ C. J. Powell Representative, 145th District
Page 5810
Sworn to and subscribed before me, this 5th day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 13, 1992. SPALDING COUNTYBOARD OF COMMISSIONERS; COUNTY MANAGER. No. 888 (House Bill No. 2092). AN ACT To amend an Act creating a board of commissioners for the counties of Spalding and Butts, approved February 5, 1873 (Ga. L. 1873, p. 289), as amended, particularly by an Act approved December 22, 1898 (Ga. L. 1898, p. 375), an Act approved August 3, 1910 (Ga. L. 1910, p. 289), an Act approved February 25, 1953 (Ga. L. 1953, p. 2606), and an Act approved April 17, 1975 (Ga. L. 1975, p. 3022), so as to provide for a county manager for Spalding County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a board of commissioners for the counties of Spalding and Butts, approved February 5, 1873 (Ga. L. 1873, p. 289), as amended, particularly by an Act approved December 22, 1898 (Ga. L. 1898, p. 375), an Act approved August 3, 1910 (Ga. L. 1910, p. 289), an Act approved February 25, 1953 (Ga. L. 1953, p. 2606), and an Act approved April 17, 1975 (Ga. L. 1975, p. 3022), is amended by striking Section III of said Act in its entirety and substituting in lieu thereof a new Section III to read as follows:
Page 5811
Section III. (a) Pursuant to Code Section 36-5-22 of the Official Code of Georgia Annotated, there is created the position of county manager for Spalding County. The county manager shall be the chief administrative officer and head of the administrative branch of the county government. The county manager shall be appointed by a majority vote of the Board of Commissioners of Spalding County, who shall determine and prescribe his or her compensation and term of office; provided, however, that no employment contract with such officer shall extend for a term of more than four years. Said board may contract with the county manager on such terms as it may deem reasonable and prudent. No member of the board of commissioners shall be appointed county manager during the term of office for which he or she is elected or for a period of one year after terminating his or her office as a commissioner of Spalding County. The county manager shall devote all of his or her working time and attention to the affairs of the county and shall be responsible to the board of commissioners for the efficient administration of all of the affairs of the county over which such officer has jurisdiction. The employment contract of a county manager may be terminated or suspended for cause by the board of commissioners upon giving the county manager at least seven days' notice in writing before the hearing of the charges against him or her and an opportunity for a hearing of such charges before the board at a closed meeting unless both parties, the county manager, and the board of commissioners agree for such hearing to be open to the public. The board of commissioners by ordinance may provide the particular causes or grounds for the termination or suspension of any and all of its appointees, including, but not limited to, the county manager, the clerk of said board, the county attorney, special counsel, the county physician, auditors, accountants, engineers, surveyors, other professionals, and its appointees to any and all boards and committees created by a resolution of the board or an ordinance of Spalding County. (b) No person shall be chosen as county manager before such person shall have attained 25 years of age. Such person shall be of good character and of proven executive ability and experience. The county manager shall be chosen by the
Page 5812
board of commissioners primarily on the basis of such person's executive and administrative qualifications, with special reference to such person's actual experience in, or such person's knowledge of the accepted practices with respect to the duties of, such public administrative office. At the time of such person's appointment he or she need not be a resident of the county or state, but during such person's tenure of office, such person shall reside within Spalding County. (c) Pursuant to Code Section 36-5-22 of the Official Code of Georgia Annotated, the board of commissioners shall determine and prescribe, from time to time, the duties and responsibilities of the county manager and said board is further authorized, in its sole judgment, to require any county manager to execute and deliver a good and sufficient bond as approved by the board, payable to Spalding County, and conditioned upon the faithful performance of his or her duties. The monetary amount of said bond shall be determined solely by the board of commissioners. Said bond shall be delivered to the board of commissioners at a time specified by the board, and, upon receipt thereof, such bond shall be filed by the chairman of the board of commissioners in the office of the Probate Court of Spalding County. (d) The county manager shall not engage in or be concerned with local partisan politics or any local political campaign. The county manager shall not contribute to any local candidate's campaign fund or solicit funds for local political purposes from any other person. The county manager shall not be eligible for election as a member of the Board of Commissioners of Spalding County for a period of one year after his or her termination of service as county manager. 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 5813
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 Session of the General Assembly of Georgia a Bill to provide for a County Manager; to repeal conflicting laws and for other purposes. This 17th day of February, 1992. Maureen C. Jackson, as Clerk of Board of Commissioners of Spalding 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 Griffin Daily News, which is the official organ of Spalding County, on the following date: February 21, 1992. /s/ Crisp B. Flynt Representative, 75th District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992.
Page 5814
THOMAS COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 889 (House Bill No. 2068). AN ACT To amend an Act creating the Board of Commissioners of Thomas County, approved December 21, 1898 (Ga. L. 1898, p. 378), as amended, particularly by an Act approved March 10, 1983 (Ga. L. 1983, p. 3605), so as to change the composition of the commissioner districts from which members of the board of commissioners are elected; to provide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain 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 Thomas County, approved December 21, 1898 (Ga. L. 1898, p. 378), as amended, particularly by an Act approved March 10, 1983 (Ga. L. 1983, p. 3605), is amended by striking subsections (d) and (e) of Section 1 of said Act and inserting in lieu thereof new subsections (d) and (e) to read as follows: (d) For purposes of electing the members of the board of commissioners, Thomas County is divided into eight commissioner districts as follows: Commissioner District No. 1 THOMAS COUNTY VTD: 0002 BALFOUR (Part) Tract: 9606. Block(s): 310, 311, 312, 313, 314, 315, 318, 319, 320 Tract: 9607. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319,
Page 5815
320, 321, 327, 328, 329, 330, 331, 341, 342, 343, 344, 345, 346, 347, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 605, 606, 607, 608 VTD: 0012 DOUGLAS (Part) Tract: 9607. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 322, 323, 324, 325, 326, 332, 333, 334, 335, 336, 337, 338, 339, 340, 432, 433, 434, 435, 436, 437, 438, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 609, 610 VTD: 0013 ARMORY (Part) Tract: 9602. Block(s): 292 Tract: 9608. Block(s): 101, 102, 103, 105 VTD: 0015 HARPER (Part) Tract: 9608. Block(s): 226, 227, 228, 229 VTD: 0018 CENTRAL (Part) Tract: 9602. Block(s): 290, 291 Tract: 9607. Block(s): 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 144, 145, 146, 147, 148, 149 Commissioner District No. 2 THOMAS COUNTY VTD: 0002 BALFOUR (Part) Tract: 9607. Block(s): 620, 621, 622, 634, 635, 636, 639, 640, 641, 645, 646 VTD: 0012 DOUGLAS (Part) Tract: 9607. Block(s): 611, 612, 613, 614, 615 VTD: 0013 ARMORY (Part) Tract: 9608. Block(s): 104A, 104E, 106, 107, 108, 109, 110, 111,
Page 5816
112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130B, 131, 132, 133, 134, 136, 137B, 138, 139, 140, 141, 142, 160, 161, 162, 163, 164, 165, 166C, 167, 512B, 514B, 515, 516, 517, 518B, 519B, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529B, 530, 531, 535B, 536 Tract: 9610. Block(s): 334, 338 VTD: 0015 HARPER (Part) Tract: 9607. Block(s): 616, 617, 618, 619, 637, 638, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671 Tract: 9608. Block(s): 104B, 104C, 104D, 166A, 166B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 327, 404, 405, 406, 407, 408, 409, 410, 411, 417, 418, 419, 420, 421, 422, 423, 424, 425, 503, 504, 505, 506, 518A, 529A VTD: 0016 SUSIE DUNLAP (Part) Tract: 9608. Block(s): 301, 312, 512A, 514A, 519A Tract: 9609. Block(s): 104A, 105, 106, 109, 110, 111, 112, 113 VTD: 0019 JERGER (Part) Tract: 9609. Block(s): 102, 103, 104B, 107, 108, 114, 115, 116, 117, 118 Commissioner District No. 3 THOMAS COUNTY VTD: 0004 OCHLOCHNEE VTD: 0005 MEIGS VTD: 0010 ELLABELLE
Page 5817
VTD: 0018 CENTRAL (Part) Tract: 9602. Block(s): 154, 155, 159, 160, 251, 252, 253, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 293 Tract: 9607. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 143 Commissioner District No. 4 THOMAS COUNTY VTD: 0006 COOLIDGE VTD: 0007 PAVO VTD: 0011 MERRIVILLE VTD: 0014 PATTEN (Part) Tract: 9603. Block(s): 257, 258 Tract: 9604. Block(s): 203, 204, 205, 206, 207, 208, 218, 219 VTD: 0017 FAIRGROUNDS (Part) Tract: 9604. Block(s): 220, 252 Tract: 9605. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 219, 220, 221, 225, 226, 227 VTD: 0018 CENTRAL (Part) Tract: 9605. Block(s): 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 228, 229, 301, 302, 303, 304, 313, 314 Commissioner District No. 5 THOMAS COUNTY VTD: 0003 BOSTON VTD: 0009 BARWICK VTD: 0014 PATTEN (Part)
Page 5818
Tract: 9604. Block(s): 221, 222 VTD: 0017 FAIRGROUNDS (Part) Tract: 9604. Block(s): 249, 250, 251 Tract: 9605. Block(s): 121, 122, 123, 124, 125, 126 Tract: 9610. Block(s): 101, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 206, 207, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 317, 318, 319, 320, 321, 322, 323, 324 Tract: 9611. Block(s): 206, 207, 211, 212, 213, 247 Commissioner District No. 6 THOMAS COUNTY VTD: 0001 EASTSIDE (Part) Tract: 9605. Block(s): 138A, 145A, 146A, 147A, 147B, 148A, 149A, 160A, 160B, 161A, 162A Tract: 9606. Block(s): 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 301, 302, 303, 304, 309, 322, 323, 324, 325, 326, 327, 328, 329, 330, 335, 336, 337, 401, 402, 403, 404, 501, 502, 503, 504, 509, 510, 511, 512, 513, 514, 515, 516 Tract: 9607. Block(s): 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 642, 643, 644 VTD: 0002 BALFOUR (Part) Tract: 9605. Block(s): 310A, 310B, 310C, 310D Tract: 9606. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 201, 202, 305, 306, 307, 308, 316, 317, 321 Tract: 9607.
Page 5819
Block(s): 601, 602, 603, 604 VTD: 0017 FAIRGROUNDS (Part) Tract: 9605. Block(s): 150A, 153A, 160C VTD: 0018 CENTRAL (Part) Tract: 9605. Block(s): 311A, 321A, 321B, 321C VTD: 0019 JERGER (Part) Tract: 9606. Block(s): 331, 332, 333, 334, 338, 339, 340, 507, 508 Tract: 9609. Block(s): 203, 208, 209, 211, 212, 213, 216 Commissioner District No. 7 THOMAS COUNTY VTD: 0008 METCALF VTD: 0013 ARMORY (Part) Tract: 9608. Block(s): 513B Tract: 9610. Block(s): 304D, 304E, 305B, 306, 307C, 308, 309B, 310F, 311C, 311D, 311E, 312, 313, 314, 315, 316, 325, 326, 327, 328B, 329, 330, 331, 332, 333, 336 VTD: 0016 SUSIE DUNLAP (Part) Tract: 9608. Block(s): 313, 325, 326, 401, 402, 403, 412, 413, 414, 415, 416, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 501, 502, 507, 508, 509, 510, 511, 513A Tract: 9609. Block(s): 130, 131, 132, 133, 134, 135, 136, 137, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326 VTD: 0019 JERGER (Part) Tract: 9606. Block(s): 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 505, 506 Tract: 9609. Block(s): 101, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 138, 139, 140, 141, 142, 204, 205, 206, 207, 238, 239, 240, 241, 242, 243, 244, 301,
Page 5820
302, 303, 304, 305, 306, 307, 308, 309, 310, 327, 328, 329, 330, 331, 332 Tract: 9610. Block(s): 304A, 304B, 304C, 305A, 307A, 307B, 309A, 310A, 310B, 310C, 310D, 310E, 311A, 311B Commissioner District No. 8 THOMAS COUNTY VTD: 0001 EASTSIDE (Part) Tract: 9605. Block(s): 146B, 148B, 149B, 160D, 160E, 161B VTD: 0017 FAIRGROUNDS (Part) Tract: 9605. Block(s): 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138B, 139, 140, 141, 142, 143, 144, 145B, 146C, 150B, 151, 152, 153B, 154, 155, 156, 157, 158, 159, 160F, 160G, 160H, 161C, 162B, 163, 164, 165, 166, 167 Tract: 9610. Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 208, 209, 211C, 211D VTD: 0018 CENTRAL (Part) Tract: 9605. Block(s): 138C, 147C, 147D, 230, 231, 305, 306, 307, 308, 309, 310E, 311B, 311C, 312, 315, 316, 317, 318, 319, 320, 321D, 322, 323A, 323B, 324, 325, 326, 327, 328 VTD: 0019 JERGER (Part) Tract: 9609. Block(s): 201, 202, 210, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237 Tract: 9610. Block(s): 211A, 211B (e) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the
Page 5821
United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) 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 map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of Thomas County which is not included in any commissioner district described in this subsection shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of Thomas County which is described in this subsection as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
Page 5822
Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Thomas County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 session of the General Assembly of Georgia a bill to provide for the change of district lines for the Thomas County Commissioners to reflect the reapportionment based upon the 1990 census. This the 14th day of February, 1992. John Bulloch Chairman Thomas County Commission GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Theo Titus, III, who, on oath, deposes and says that he is Representative from the 143rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomasville Times-Enterprise, which is the official organ of Thomas County, on the following date: February 26, 1992. /s/ Theo Titus, III Representative, 143rd District
Page 5823
Sworn to and subscribed before me, this 4th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. THOMASTON-UPSON COUNTY SCHOOL DISTRICTHOMESTEAD EXEMPTION; REFERENDUM. No. 890 (House Bill No. 2104). AN ACT To provide that the homestead, not to exceed $15,000.00 of the value thereof, of each resident of the Thomaston-Upson County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $15,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire bonded indebtedness; to provide for applicability; to provide for construction of the provisions of this Act; to provide for the approval or disapproval of this Act by the voters of the Thomaston-Upson County School District; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The homestead, not to exceed $15,000.00 of the value thereof, of each resident of the Thomaston-Upson County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within
Page 5824
said homestead, exceeding $15,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of Upson County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this section as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this section shall extend to and shall apply to those properties the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence and one or more such titleholders possesses the qualifications provided for in this section. In such instances, such exemptions shall be granted to such properties if claimed in the manner provided in this section by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads the title to which is vested in an administrator, executor, or trustee if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for in this section and shall claim the exemptions granted by this section in the manner provided in this section. It shall be the duty of any person who claims an exemption under this section to notify the tax commissioner in the event such person becomes ineligible for the exemption granted in this section. The exemption provided for in this section shall apply to all taxable years beginning after December 31, 1992. Section 2 . The exemption granted by Section 1 of this Act shall be in lieu of and not in addition to: (1) The homestead exemption granted by Code Section 48-5-52 of the O.C.G.A., relating to exemption from ad valorem taxation for educational purposes of homesteads of qualified individuals 62 years of age or older; and
Page 5825
(2) The homestead exemption granted by an amendment to the Constitution found in Ga. L. 1979, p. 1854, and ratified at the 1980 general election. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Upson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Thomaston-Upson County School District for approval or rejection. The election superintendent shall conduct that election on the date of 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 Upson County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that the homestead, not to exceed $15,000.00 of the value thereof, of each resident of the Thomaston-Upson County School District who is 62 years of age or over and who does not have an income from all members of the family residing within said homestead exceeding $15,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire bonded indebtedness? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect; otherwise they shall be void and of no force and effect.
Page 5826
The expense of such election shall be borne by Upson County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide that the homestead, not to exceed $15,000 of the value thereof, of each resident of the Thomaston-Upson County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $15,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire bonded indebtedness; to provide for a referendum; and for other purposes. This 25th day of February, 1992. /s/ Marvin Adams Representative, 79th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, who, on oath, deposes and says that he is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times, which is the official organ of Upson County, on the following date: March 4, 1992. /s/ Marvin Adams Representative, 79th District
Page 5827
Sworn to and subscribed before me, this 9th day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 13, 1992. LOWNDES COUNTYBOARD OF EDUCATION; MEMBERSHIP; ELECTIONS; DISTRICTS; VACANCIES; REFERENDUM. No. 891 (House Bill No. 2106). AN ACT To provide for the number of members and for the election of members of the Board of Education of Lowndes County; to provide for education districts; to provide the manner of electing members of said board; to provide for the appointment of certain initial members; to provide for filling vacancies; to provide for other matters relative to the foregoing; to provide for the duty of submission of this Act to the United States Attorney General for approval; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) The Board of Education of Lowndes County, referred to in this Act as the board, shall be composed of seven members to be elected as provided in this Act, except for the appointment of initial members from Education District 4 and 7 as provided in subsection (a) of Section 3 of this Act. For the purpose of electing members of the board, the Lowndes County School District shall be divided into seven education districts as follows:
Page 5828
Education District: 1 LOWNDES COUNTY VTD: 0001 HAHIRA (Part) Tract: 0102. Block(s): 102 VTD: 0003 MOODY MASONIC (Part) Tract: 0101. Block(s): 101, 102, 103, 104, 105, 117, 118, 119, 121, 122, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 152A, 152B, 152C, 153, 155, 156, 172, 173, 174, 201A, 210B, 210C, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233A, 233B, 233C, 234, 235, 236, 237, 238, 239, 240, 241, 242A, 242B, 243, 244, 245, 246, 247, 248, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 272, 273, 276, 282, 286, 294, 295, 296, 297A, 297B VTD: 0008 NAYLOR COURTHOUSE (Part) Tract: 0107. Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 120, 121, 122, 192, 193, 201 VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part) Tract: 0107. Block(s): 202, 203, 206, 207 VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101. Block(s): 269, 270, 271, 275, 277, 278, 279, 280, 281, 283, 284, 285, 289, 290, 291, 292, 293, 305L Tract: 0106. Block(s): 202 Education District: 2 LOWNDES COUNTY VTD: 0001 HAHIRA (Part) Tract: 0102. Block(s): 101, 103, 104, 105, 106, 107, 108, 109,
Page 5829
110A, 110B, 110C, 110D, 111, 112, 113, 114, 115, 116, 117, 118B, 118C, 119A, 119B, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 150, 151, 152, 153, 154, 155, 156, 157, 160, 161, 163A, 163B, 164, 165A, 165B, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 201A, 201B, 202, 203, 204A, 204B, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 222, 223, 225C, 226, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 249B, 250A, 250B, 251, 252, 253A, 253B, 254, 255, 256, 257, 258A, 258B, 259, 260A, 260B, 261A, 261B, 262, 263, 265, 267, 268, 269, 270, 271, 272, 273, 274, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 313, 314, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 341, 389, 390, 391, 401, 407, 408, 409, 410, 411, 412, 413, 414, 415, 467 VTD: 0002 MINEOLA (Part) Tract: 0102. Block(s): 462, 463, 464, 465, 483, 485, 486, 487 VTD: 0003 MOODY MASONIC (Part) Tract: 0101. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 120, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 161, 162, 163, 164, 165 VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102. Block(s): 342, 343, 344A, 344B, 344C, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 496, 497
Page 5830
Education District: 3 LOWNDES COUNTY VTD: 0006 CHURCH LATTERDAY SAINTS (Part) Tract: 0112. Block(s): 105D, 106B, 123C, 124B, 124C, 124D, 125B, 125C, 130C Tract: 0113. Block(s): 101B, 102, 103B, 103C, 104B, 105B, 106C, 107B, 108, 109C, 109D, 112B, 113, 114, 115 VTD: 0007 LOMAX-PINEVALE (Part) Tract: 0114. Block(s): 101B, 103B, 104C, 105B, 106B, 107B, 108B, 109B, 110, 111, 112, 113, 114, 115C, 115D, 116B, 116C, 302, 303, 305C, 338B, 338C, 339B, 339C VTD: 0009 CLYATTVILLE (Part) Tract: 0114. Block(s): 313, 314, 315, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 557, 558, 559, 560, 561, 562, 579, 580, 581, 582, 583, 584, 585, 586, 587, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 664, 665, 666, 667, 668, 669, 670, 671, 677A, 679 VTD: 0014 SOUTHSIDE FIRE DEPARTMENT (Part) Tract: 0114. Block(s): 123B, 201B, 202, 203B, 203D, 205B, 304C, 305D, 316B, 317, 318, 319, 320, 321, 322, 340 VTD: 0015 AZALEA CITY CHURCH OF GOD (Part) Tract: 0109. Block(s): 337B, 338, 339, 340, 341, 342B, 343B, 344B, 346C Tract: 0113. Block(s): 111B, 116B Tract: 0114. Block(s): 309B, 309C, 310A, 311, 403B, 403C, 403D, 403E, 403F, 404, 405C, 405D, 405E, 405F, 406, 407B, 408, 409B, 410, 411, 412, 413C, 414B, 415B,
Page 5831
416, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 443, 444, 445, 446, 447, 503A, 504A, 505A, 506A VTD: 0016 REDLANDS BAPTIST CHURCH (Part) Tract: 0114. Block(s): 310B, 312, 501, 502, 503B, 504B, 505B, 506B, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530A, 530B, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 672, 673, 674, 675, 676, 677B, 678, 680, 681, 682 VTD: 0019 CRAIG RECREATION CENTER (Part) Tract: 0109. Block(s): 336B, 347C Tract: 0114. Block(s): 306C VTD: 0021 REMERTON CITY HALL (Part) Tract: 0113. Block(s): 201, 202, 203, 204A, 206, 207, 208, 209, 210, 211, 212, 213 Education District: 4 LOWNDES COUNTY VTD: 0007 LOMAX-PINEVALE (Part) Tract: 0108. Block(s): 117B, 118B, 119B, 120C, 121C, 122, 123, 124, 125, 126B, 127B, 128B, 129B, 130B, 529B, 529C, 529D, 532B, 533B, 534B, 535B VTD: 0008 NAYLOR COURTHOUSE (Part) Tract: 0107. Block(s): 245, 246, 247, 248, 252, 253, 254 VTD: 0010 DASHER (Part) Tract: 0115. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127 Tract: 0116.98 Block(s): 101, 102, 103, 104, 105, 111, 112, 127, 128,
Page 5832
129 VTD: 0011 LAKE PARK (Part) Tract: 0116.98 Block(s): 115, 116, 124, 125, 126, 130, 131, 132, 133, 134, 135, 136, 137, 138, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 222A, 222B, 222C, 222D, 222E, 222F, 222G, 222H, 223, 224, 225A, 225B, 225C, 226, 227, 228, 229, 230, 318A, 318B, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345A, 345B, 346, 347A, 353A, 355A, 356, 357, 358, 359A, 360A, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 401, 402, 403, 404A, 404B, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413A, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437B, 439, 440, 441, 487, 488 VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part) Tract: 0107. Block(s): 239, 240, 241, 244, 255, 256, 257, 258, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 317, 318, 322, 328, 329 Tract: 0108. Block(s): 106, 107, 108, 109, 110, 111, 112, 113B, 114, 131, 132, 133, 134 VTD: 0014 SOUTHSIDE FIRE DEPARTMENT (Part) Tract: 0107. Block(s): 310, 319, 320, 321, 323, 324, 325, 326, 327 Tract: 0108. Block(s): 115B, 116B, 135, 136, 137 Tract: 0115. Block(s): 201, 202, 203B, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 301B
Page 5833
Education District: 5 LOWNDES COUNTY VTD: 0007 LOMAX-PINEVALE (Part) Tract: 0108. Block(s): 543B VTD: 0009 CLYATTVILLE (Part) Tract: 0114. Block(s): 563, 564, 565, 566, 567, 568, 574, 575, 576, 577, 578, 601, 602, 603, 604, 606, 607, 608, 609, 610, 611, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 683, 684 Tract: 0116.98 Block(s): 309, 310, 311, 383 VTD: 0010 DASHER (Part) Tract: 0114. Block(s): 569, 570, 571, 572, 573 Tract: 0115. Block(s): 113, 114, 115, 116, 117, 128, 129, 130, 131, 132, 133, 134, 135, 136 Tract: 0116.98 Block(s): 106, 107, 108, 109, 110, 113, 119A, 120, 121, 139, 140, 304, 305, 306, 307, 308, 312, 313 VTD: 0011 LAKE PARK (Part) Tract: 0114. Block(s): 605 Tract: 0116.98 Block(s): 114, 117, 118, 119B, 122, 123, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 314A, 314B, 315, 316, 317, 318C, 347B, 348, 349, 350, 351, 352, 353B, 353C, 354, 355B, 359B, 360B, 361, 362, 363A, 363B, 364, 381, 382, 384, 385, 386, 387, 388, 389, 390, 391, 392, 413B, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486 VTD: 0014 SOUTHSIDE FIRE DEPARTMENT (Part) Tract: 0108. Block(s): 545, 546B, 549C, 549D, 550B, 551 Tract: 0114.
Page 5834
Block(s): 122B, 124A, 124B, 203C, 206, 207, 208, 209, 210 Tract: 0115. Block(s): 223, 224, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325B, 326, 327, 328, 329 Education District: 6 LOWNDES COUNTY VTD: 0007 LOMAX-PINEVALE (Part) Tract: 0108. Block(s): 204C, 204D, 205, 206C, 206D, 437B VTD: 0008 NAYLOR COURTHOUSE (Part) Tract: 0107. Block(s): 101, 102, 103, 104, 105, 106, 107, 117, 118, 119, 123, 124, 125, 126, 127, 128, 129A, 129B, 130A, 130B, 131, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142A, 142B, 143A, 143B, 144, 145, 146, 147, 148, 149A, 149B, 150, 151, 152A, 152B, 153, 154, 155, 156A, 156B, 157A, 157B, 158A, 158B, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 249, 250, 251 VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part) Tract: 0106. Block(s): 301B, 303B, 303C, 304B Tract: 0107. Block(s): 204, 205, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 235, 236, 237, 238, 242, 243, 259, 260 Tract: 0108. Block(s): 101, 102, 103, 104, 105, 202B, 202C, 401B, 434B, 436B VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101. Block(s): 274B, 305E, 305F, 305H, 305J, 305K,
Page 5835
305M Tract: 0103. Block(s): 101, 102B, 102C, 103B, 104, 105, 201B, 201C, 201D, 201E, 201F, 201G, 201H, 201J, 201K, 201L, 201M, 203B, 204B, 206B, 206C, 206D, 206E, 206G, 220B, 220C, 220D, 220E, 220F, 221D, 221E, 222C, 222D, 222E, 223B, 241B, 241C, 241D, 242, 243, 244, 245, 246, 247, 248B, 253C, 254C, 256B, 257B, 257C, 257D Tract: 0104. Block(s): 101B, 102B, 103B, 117B, 122B, 122C, 123B, 124B, 125B, 125C, 131B, 132C, 133, 134B, 135B, 136B, 137, 138B, 139B, 140B, 141, 142B Tract: 0106. Block(s): 101B, 101C, 102C, 102D, 102E, 104, 105B, 105C, 106, 107, 108, 109B, 109C, 109D, 201, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221D, 222, 223, 227 VTD: 0022 EVANGEL CATHEDRAL (Part) Tract: 0103. Block(s): 253D Education District: 7 LOWNDES COUNTY VTD: 0001 HAHIRA (Part) Tract: 0102. Block(s): 118A, 145, 146, 147, 148, 149, 158, 159, 162, 214, 215, 216, 217, 218, 219, 220, 221, 224, 225A, 225B, 227, 264, 266, 312, 315, 316, 317, 318, 319, 340, 388, 402, 403, 404, 405, 406, 468, 469, 470, 471, 472 VTD: 0002 MINEOLA (Part) Tract: 0102. Block(s): 416, 460, 461, 466, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 484, 488, 489, 490, 491, 492 VTD: 0003 MOODY MASONIC (Part) Tract: 0101. Block(s): 154, 157, 158, 159, 160, 166, 167, 168, 169, 170, 171, 249, 250, 301, 302, 303, 304
Page 5836
VTD: 0004 MATHIS AUDITORIUM (Part) Tract: 0103. Block(s): 234B VTD: 0006 CHURCH LATTERDAY SAINTS (Part) Tract: 0112. Block(s): 104, 105C, 106C Tract: 0114. Block(s): 401B, 401C VTD: 0015 AZALEA CITY CHURCH OF GOD (Part) Tract: 0114. Block(s): 402B, 417B, 418, 419, 420B, 438 VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102. Block(s): 493, 494, 495 VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101. Block(s): 287, 288, 305G, 307, 308 Tract: 0103. Block(s): 206F, 219B, 220G VTD: 0019 CRAIG RECREATION CENTER (Part) Tract: 0114. Block(s): 417C, 439, 440B, 441, 442 (b) For purposes of this section: (1) The terms Tract, Block, and VTD shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term Precinct is synonymous with the term voting precinct and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;
Page 5837
(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of Lowndes County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of Lowndes County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) No territory within the territorial boundaries of any independent school district shall be included within the boundaries of any of said education districts. Section 2 . (a) Candidates offering for election to said board shall designate the education district for which they are offering. No person shall be eligible as a candidate for election to said board unless such person shall have been a resident of the education district for which such person is offering at least one year immediately preceding the date of the election. If members of the board move their residences from the education districts which they represent, their respective positions on the board shall thereby become vacant. Candidates shall be elected by a majority of the qualified electors voting within their respective education districts.
Page 5838
(b) The members of the board shall be nominated and elected at nonpartisan primaries and elections. The nonpartisan primaries and elections shall be held on the same respective dates as the general primaries and general elections in the years during which general primaries and general elections are held. Except for being elected from education districts as provided in this Act, each member of the board shall be nominated and elected at said nonpartisan primaries and elections in the same manner and subject to the same procedures and requirements as judges of state courts are nominated and elected in nonpartisan primaries and elections as provided in the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. Section 3 . (a) (1) The first members of the board of education from Education Districts 4 and 7 shall be appointed by the remaining members of said board to serve for terms of four years beginning January 1, 1993. The chairman of the board of education and the superintendent of the Lowndes County School District shall appoint a nominating committee to recommend qualified persons for appointment. (2) Successors and future successors to the first members of the board of education from Education Districts 4 and 7 shall be elected as provided in Section 2 of this Act at the election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years. (b) For the period beginning on January 1, 1993, and ending on December 31, 1994, the board shall consist of the two members appointed to represent Education Districts 4 and 7 whose regular terms of office expire on December 31, 1996; the two members of the previously existing board whose regular terms of office expire on December 31, 1996; and the three members of the previously existing board whose regular terms of office expire on December 31, 1994. The incumbent member who resides within a new education district created by this Act shall be deemed to be the member representing that district until the expiration of such member's term of office.
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(c) At the nonpartisan primary and election provided for in Section 2 of this Act held in 1994, the members from Education Districts 1, 2, and 3 shall be elected for terms of four years beginning on January 1, 1995. Thereafter, successors and future successors shall be elected as provided in Section 2 of this Act at the election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years. (d) For the period beginning on January 1, 1995, and ending on December 31, 1996, the board shall consist of the members elected from Education Districts 1, 2, and 3 as provided in subsection (c) of this section; the two members of the previously existing board whose regular terms of office expire on December 31, 1996; and the two members appointed to represent Education Districts 4 and 7 whose regular terms of office expire on December 31, 1996. (e) At the nonpartisan primary and election provided for in Section 2 of this Act held in 1996, the members from Education Districts 5 and 6 shall be elected for terms of four years beginning on January 1, 1997. Thereafter, their successors and future successors shall be elected as provided in Section 2 of this Act at the election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years. (f) All members of the board shall serve until their successors are elected and qualified. Section 4 . In the event a vacancy occurs in the membership of the board by death, resignation, removal of residence from the education district from which elected, or for any other reason, such vacancy shall be filled as provided in Code Section 20-2-54.1 of the O.C.G.A. Section 5 . The Board of Education of Lowndes County provided for in this Act shall be the successor to all rights, powers, duties, and obligations of the previously existing Board of Education of Lowndes County and shall be subject to all general constitutional or statutory provisions relating to county boards of education, except as otherwise provided in this
Page 5840
Act. The previously existing Board of education of Lowndes County shall continue in existence as the board of education of said county until January 1, 1993; provided, however, the members of the board of education serving on the effective date of this Act shall continue to serve until the expiration of their terms of office. Section 6 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Lowndes County to submit this Act to the United States Attorney General for approval. Section 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Lowndes County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Lowndes County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the general election in 1992 and shall issue the call therefor not less than 30 nor more than 90 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Lowndes County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act which provides for a seven-member Board of Education of Lowndes County elected from single-member districts, with two initial members to be appointed, be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on December 1, 1992. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
Page 5841
The expense of such election shall be borne by Lowndes County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 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 1992 session of the General Assembly of Georgia a bill to provide for the numbers of the Board of Education of Lowndes County; to provide for education districts; to provide the manner of electing members of said board; to provide for the appointment of certain initial members; to provide for filling vacancies; to provide for other repeal conflicting laws; and for other purposes. This 2nd day of March, 1992. L. Warren Turner, Jr. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tim Golden, who, on oath, deposes and says that he is Representative from the 148th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times, which is the official organ of Lowndes County, on the following date: March 4, 1992. /s/ Tim Golden Representative, 148th District
Page 5842
Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. CITY OF ALPHARETTACOMMUNITY IMPROVEMENT DISTRICTS. No. 892 (House Bill No. 2127). AN ACT To provide for the creation of one or more community improvement districts in the City of Alpharetta, 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, in notice of validation hearing, and in the petition and complaint for validation; to provide for authorized contents of agreements and instruments of the boards generally; to provide for 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 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,
Page 5843
or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of 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 referred to as the Alpharetta Community Improvement District 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 Alpharetta, Georgia, 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 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
Page 5844
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) Caucus of electors means for each district the meeting of electors provided for in this Act 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 Alpharetta City Council. (6) City governing authority or body means the Alpharetta City Council. (7) Cost of the project or cost of any project means and includes: (A) All costs of acquisition whether 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,
Page 5845
fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment, including all transportation equipment and rolling stock, furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on bonds, notes, or other obligations of 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; (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;
Page 5846
(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 of any project 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 authority consenting to the creation of the community improvement district or as modified by any subsequent resolution of the governing authority of such geographical area, or a body corporate and politic being a community improvement district created and activated pursuant to this Act, 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 assessments levied by the board, as appear on the most recent ad valorem real property tax return records of Fulton County or one officer or director of a corporate elector, one trustee of a trust which is an elector, one
Page 5847
partner of a partnership elector, or one designated representative of an elector whose designation is made in writing to the appropriate Fulton County tax commissioner, on a form satisfactory to the commissioner, at least eight days prior to an election. An owner of multiple parcels has one vote, not one vote per parcel. Multiple owners of one parcel have one vote 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 chairperson of the Joint City-County (Atlanta-Fulton County) Board of Tax Assessors or the successor to such board of tax assessors. (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 on such land. (12) Mayor means the mayor of the City of Alpharetta. (13) 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
Page 5848
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. (14) 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 within the district as certified by the Fulton 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. (15) Property used nonresidentially means property used for neighborhood shopping, planned shopping centers, general commercial interests, tourist services, offices or institutions, office services, light industry, heavy industry, a central business district, or other commercial or business uses which do not include residential uses. (16) 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 to such work or improvement. (17) 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. (18) Value or assessed value of property means the values established in the most recent ad valorem tax reassessment of such properties certified by the chairperson of the Joint City-County (Atlanta-Fulton County) Board of Tax Assessors or the successor to such board of tax assessors.
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Section 4 . Creation. (a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, as amended in 1984 (Ga. L. 1984, p. 1703), there is created one or more community improvement districts to be located in the City of Alpharetta, Georgia, 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 set out in this Act. 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 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 Fulton County tax commissioner, 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 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
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record of all districts activated under this Act, and a second copy shall be filed with the Department of Community Affairs. Section 5 . Administration, appointment, and election of board members. (a) Each district created pursuant to this Act shall be administered by aboard composed of seven board members to be appointed and elected as provided in this section. One board member shall be appointed by the mayor of the City of Alpharetta; two members shall be appointed by 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 appointing authority for terms in office not to exceed four years. The initially elected board members shall serve for terms of office as follows: two members shall serve for terms of two years, and two members shall serve for terms of 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 appointing authority. (b) The initial board members to be elected as provided in subsection (a) of this section 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 required by this Act 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 (1) publishing same in the legal organ of Fulton County and (2) contacting each elector by United States mail at the address indicated in the property tax rolls. 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 County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those 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, 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. Notice of any election held pursuant to this subsection, shall be given to said electors by (1) publishing notice in the legal organ
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of Fulton County on four dates at least 45 days, 31 days, 17 days, and ten days prior to such election and (2) by contacting each elector at least 31 days prior to such election by United States mail at the address indicated in the property tax rolls. (c) The elected board members shall be subject to recall as any other elected public official by the electors defined in this Act. (d) Board members 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. (e) 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 chairperson and another as vice-chairperson 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. 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 to the City of Alpharetta as a whole. Any tax, fee, or assessment so levied shall be collected by
Page 5852
Fulton County in the same manner as taxes, fees, and assessments are levied by Fulton County. Delinquent taxes shall bear the same interest and penalties as Fulton County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by Fulton County to the board and shall be expended by the board only for the purposes authorized by 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 body 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 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 city council 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 if the district obtains the following: (1) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board and, for this purpose, value shall be determined by the most recent county ad valorem tax digest;
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(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 to this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing body of the City of Alpharetta. The provisions of this Act shall in no way limit the authority of the City of Alpharetta to provide services or facilities within the district; and the City of Alpharetta shall retain full and complete authority and control over any of its facilities located within 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 in the district. Section 10 . Powers. (a) Each district and its board created pursuant to this Act shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act including, without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal;
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(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 in real property, in furtherance of the public purposes of the district; (5) To finance by loan, grant, lease, or otherwise; to 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, limited or general partnerships, 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 of same 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;
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(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 to this Act; (12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (13) To use any real property, personal property, or fixtures or any interest in such property or to rent or lease such property to or from others or make contracts
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with respect to the use of such property 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 Alpharetta; (16) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (17) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (18) To do all things necessary or convenient to carry out the powers conferred by this Act. (b) The powers enumerated in each paragraph of this section are cumulative of and in addition to those powers enumerated 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.
Page 5857
(b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board. (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 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 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 shall bear a certificate of validation. The signature of the clerk of the Superior Court of Fulton County may be made on the certificate of validation of such bonds by facsimile
Page 5858
or by manual execution, stating the date on which such bonds were validated; and such entry shall be 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 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 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.
Page 5859
(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 project; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly 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 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 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 . Dissolution. (a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be: (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:
Page 5860
(A) Two-thirds (67 percent) 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 tax commissioner who shall certify whether paragraph (2) of this subsection has been satisfied with respect to each proposed district dissolution. (b) 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 the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (c) When a dissolution becomes effective, the city governing authority shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (d) A district may be reactivated in the same manner as an original activation. Section 15 . 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 1992 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvements
Page 5861
district in the City of Alpharetta, Georgia; to provide for boundaries of said districts; to provide for taxes, fees and assessments; and for other purposes. This 12th day of March, 1992. Honorable Thomas R. Campbell, Jr. Representative, 23rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas R. Campbell, Jr., 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 13, 1992. /s/ Thomas R. Campbell, Jr. Representative, 23rd District Sworn to and subscribed before me, this 17th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992.
Page 5862
WALKER COUNTYMAGISTRATE COURT; LAW LIBRARY FEES. No. 893 (House Bill No. 2168). AN ACT To provide for the collection of additional costs in cases before the Magistrate Court of Walker 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 Walker 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 Walker 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 Walker 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.
Page 5863
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide for the collection of additional costs in cases before the Magistrate Court of Walker County as law library fees; and for other purposes. This 18th day of March, 1992. MICHAEL SNOW REPRESENTATIVE 1ST DISTRICT GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike 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: March 20, 1992. /s/ Mike Snow Representative, 1st District Sworn to and subscribed before me, this 20th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992.
Page 5864
JACKSON COUNTYBOARD OF COMMISSIONERS; ANNUAL FINANCIAL REPORT. No. 894 (House Bill No. 1629). AN ACT To amend an Act creating the board of commissioners of roads and revenues of Jackson County, Georgia, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved March 15, 1966 (Ga. L. 1966, p. 3423), so as to provide that the board of commissioners shall submit an annual financial report to the grand jury at the fall term of the superior court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the board of commissioners of roads and revenues of Jackson County, Georgia, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved March 15, 1966 (Ga. L. 1966, p. 3423), is amended by striking in its entirety Section 8 and inserting in lieu thereof the following: Section 8. The board of commissioners shall submit through its chairman to the grand jury of the county, at the fall term of the superior court in each year, a statement in writing of all matters relating to the financial condition of the county, its roads, bridges, public buildings, and paupers with such suggestions in regard to county affairs as they may deem proper. Said board shall make all repairs of public buildings without recommendation of the grand jury. The record of the proceedings of the board shall be open at all times to the inspection of any citizen of the county. Each outgoing board shall turn over at the expiration of its term of office all records, books, papers, and other property of the county to its successor in office. Section 2 . All laws and parts of laws in conflict with this Act are repealed.
Page 5865
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of roads and revenues of Jackson County, Georgia, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved March 15, 1966 (Ga. L. 1966, p. 3423); and for other purposes. This 20th day of January, 1992. 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 official organ of Jackson County, on the following date: January 22, 1992. /s/ Michael A. Beatty Representative, 12th District Sworn to and subscribed before me, this 11th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992.
Page 5866
CITY OF EUHARLEEMAYOR; TERMS; CITY ELECTIONS. No. 895 (House Bill No. 1628). AN ACT To amend an Act providing a new charter for the City of Euharlee, Georgia, in Bartow County, approved April 7, 1976 (Ga. L. 1976, p. 4090), so as to change the term of the mayor to four years; to provide that elections shall be conducted in accordance with Chapter 3 of Title 21 of the Official Code of Georgia Annotated; 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 Euharlee, Georgia, in Bartow County, approved April 7, 1976 (Ga. L. 1976, p. 4090), is amended by striking subsection (a) of Section 2.11 and inserting in lieu thereof the following: (a) Except as hereinafter provided in subsection (b), the term of office of the mayor shall be for four years, and the terms of office of the councilmen shall be for four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless: (1) he has been a resident of the city for a period of one year immediately prior to the date of the election of mayor or councilman; (2) he continues to reside therein during his period of service; (3) he is registered and qualified to vote in municipal elections of the City of Euharlee; and (4) he meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. Section 2 . Said Act is further amended by striking Section 5.10 and inserting in lieu thereof the following: Section 5.10. Regular elections. The municipal general election shall be held and conducted in accordance with
Page 5867
Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' The terms of office shall begin on January 1 next following the elections. 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 1992 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the Town of Euharlee, Georgia, approved April 7, 1976 (Ga. L. 1976, p. 4090); and for other purposes. This 16th day of January, 1992. (s) Hugh Boyd Pettit, III Representative, 19th District 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 publishe in the Daily Tribune News, which is the official organ of Bartow County, on the following date: January 30, 1992. /s/ Boyd Pettit Representative, 19th District
Page 5868
Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. MORGAN COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 898 (House Bill No. 1832). AN ACT To amend an Act creating the Board of Commissioners of Morgan County, approved March 22, 1935 (Ga. L. 1935, p. 738), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4184), so as to change the composition of the commissioner districts from which members of the Board of Commissioners of Morgan County are elected; to provide for the election of members; to provide for definitions and inclusions; to provide for terms of office; to require submission of this Act to the United States Attorney General for certain approval; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Board of Commissioners of Morgan County, approved March 22, 1935 (Ga. L. 1935, p. 738), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4184), is amended by striking Section 2 of
Page 5869
said Act and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The Board of Commissioners of Morgan County shall consist of five members. For the purpose of electing the members of the board, Morgan County shall be divided into five commissioner districts consisting of the following territory in Morgan County: Commissioner District No. 1 MORGAN COUNTY VTD: 0001 MADISON CITY (Part) Tract: 9803. Block(s): 120A, 122A, 123, 124A, 125, 126, 127, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 164A, 165, 166, 209A, 209B, 212A, 212B, 213, 214A, 214B, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 304A, 304B, 305, 307, 311, 318, 319, 320A, 320B, 321A, 321B, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343A, 343B, 344A, 344B, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 367, 368, 369, 370, 371, 422A, 423, 424, 427A VTD: 0002 BUCKHEAD (Part) Tract: 9803. Block(s): 119, 120B, 122B, 124B, 132B, 133B, 151, 152, 153, 154, 155, 160, 162, 163B, 164B Commissioner District No. 2 MORGAN COUNTY VTD: 0006 DURDEN (Part) Tract: 9802. Block(s): 266, 267, 268, 269, 270, 274, 275, 276, 277, 278, 279, 280, 286, 287, 288, 289, 290, 291, 292,
Page 5870
293, 294, 295 Tract: 9805. Block(s): 114, 115, 116, 117, 118, 119, 120, 123, 124, 195, 196, 197 VTD: 0007 WHITFIELD Commissioner District No. 3 MORGAN COUNTY VTD: 0008 HARRIS VTD: 0009 FAIRPLAY VTD: 0010 WELLINGTON VTD: 0011 ASKEW Commissioner District No. 4 MORGAN COUNTY VTD: 0001 MADISON CITY (Part) Tract: 9803. Block(s): 128, 129, 130, 131, 132A, 133A, 134, 135, 147, 148, 149, 150, 163A, 365, 366, 388, 389, 390, 391, 392, 393, 394, 395, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420A, 420B, 420C, 421, 422B, 422C, 425, 426, 427B, 428A, 428B, 429, 430, 431A, 431B, 432, 433A, 433B, 434, 435, 436A, 436B, 437A, 437B, 438, 439, 440, 441, 442, 443, 444, 445, 446A, 446B, 447, 448, 449A, 449B, 450A, 450B, 451, 452, 453, 454A, 454B, 455A, 455B, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468 VTD: 0004 HARWELL VTD: 0005 SEATS VTD: 0006 DURDEN (Part) Tract: 9805. Block(s): 121, 122, 128, 133 Commissioner District No. 5 MORGAN COUNTY VTD: 0002 BUCKHEAD (Part) Tract: 9803.
Page 5871
Block(s): 159, 161 Tract: 9804. Block(s): 101, 102, 103, 104, 105A, 105B, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118, 119A, 119B, 120A, 120B, 121, 122, 123, 124A, 124B, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 161, 162, 163, 164, 165, 183, 189, 190, 191, 192, 193, 194, 195, 196, 197 VTD: 0003 SHEPHERD VTD: 0012 MARTIN (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Morgan County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population
Page 5872
according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Morgan County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Said Act is further amended by striking Section 4 of said Act in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The members of the Board of Commissioners of Morgan County in office on July 1, 1992, shall serve out the terms for which they were elected and shall be deemed to represent the district described in Section 2 which has the same number as such member's district had under previous law. Successors to each such member shall be elected from the district described in Section 2 in the manner provided in Section 3. Elections shall be conducted under the general election laws of Georgia, and members shall be commissioned by the Governor as other county officers are commissioned. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Morgan County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4 . All laws and parts of laws in conflict with this Act are repealed.
Page 5873
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 Session of the General Assembly of Georgia, a bill to amend, based on the 1990 census, the boundaries of the five (5) districts of the members of the Morgan County Board of Commissioners so as to comply with one (1) person one (1) vote and all other requirements. This 11th day of February 1992 /s/ FRANK E. STANCIL Representative, 66th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank E. Stancil, who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Madisonian, which is the official organ of Morgan County, on the following date: February 13, 1992. /s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 20th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992.
Page 5874
TURNER COUNTYBOARD OF EDUCATION; DISTRICTS. No. 899 (House Bill No. 2002). AN ACT To amend an Act to provide for the election of members of the board of education of Turner County, approved March 28, 1964 (Ga. L. 1964, p. 4862), as amended, so as to provide new education districts; to provide for definitions and inclusions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act to provide for the election of members of the board of education of Turner County, approved March 28, 1964 (Ga. L. 1964, p. 4862), as amended, is amended by striking in its entirety Section 1 and inserting in lieu thereof the following: Section 1. (a) The board of education of Turner County shall consist of five members to be elected in accordance with this Act. For the purpose of electing such members, Turner County shall be divided into five education districts as follows: Education District: 1 TURNER COUNTY VTD: 0001 ASHBURN (Part) Tract: 9702. Block(s): 293, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 312A, 313, 314, 315, 316, 317, 318, 319, 323, 324, 325, 331, 334, 335, 336, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 440, 444, 445
Page 5875
Education District: 2 TURNER COUNTY VTD: 0001 ASHBURN (Part) Tract: 9702. Block(s): 320, 321, 322, 326, 327, 328, 329, 330, 332, 333, 401, 402, 403, 404, 405, 422, 423, 424, 425, 426, 427, 428, 429, 430A, 430B, 431A, 431B, 432, 433, 434, 435, 436, 437, 438A, 438B, 439A, 439B, 529, 530, 531, 534, 535, 536, 537, 538, 539, 540, 541A, 541B Education District: 3 TURNER COUNTY VTD: 0001 ASHBURN (Part) Tract: 9702. Block(s): 123A, 130A, 139A, 139B, 139C, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 157, 158, 159, 160, 161, 162, 163, 164, 231A, 231B, 232A, 232B, 233, 234, 235A, 235B, 252, 253, 254, 276, 292, 294, 295, 296, 297, 309B, 310, 311, 312B, 441, 442, 443 Tract: 9703. Block(s): 212 VTD: 0006 CLOVERDALE VTD: 0007 DAKOTA (Part) Tract: 9702. Block(s): 204, 205, 216, 217, 218, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230 VTD: 0008 HOBBY VTD: 0009 DAVIS Education District: 4 TURNER COUNTY VTD: 0001 ASHBURN (Part) Tract: 9702. Block(s): 120, 121, 122, 123B, 123C, 128, 129, 130B, 131, 132, 133, 134, 135, 136, 137, 138, 154, 155, 156, 165, 166, 501, 502, 503, 504, 505A, 505B, 506A, 506B, 507, 508, 509, 510, 511, 512, 513, 514,
Page 5876
515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 532, 533, 542, 543A, 543B, 544, 545A, 545B, 546A, 546B, 547, 548, 549 Tract: 9703. Block(s): 127 VTD: 0002 SYCAMORE (Part) Tract: 9703. Block(s): 107, 124, 125, 126 VTD: 0003 REBECCA VTD: 0004 CLEMENTS (Part) Tract 9703. Block(s): 120, 121, 134, 135, 142, 143, 146 VTD: 0005 AMBOY VTD: 0007 DAKOTA (Part) Tract: 9702. Block(s): 119, 201, 202, 203, 219, 220 Education District: 5 TURNER COUNTY VTD: 0002 SYCAMORE (Part) Tract: 9703. Block(s): 128, 129, 130, 131, 162, 163, 164, 165, 166, 167A, 167B, 168, 169, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 193, 195, 196, 197, 201, 202, 203A, 203B, 204, 205A, 205B, 206A, 206B, 207A, 207B, 208A, 208B, 209, 210, 211, 216, 223, 224, 225, 226, 227, 228, 229A, 229B, 230A, 230B, 231A, 231B, 231C, 231D, 231E, 232A, 232B, 233, 234, 235, 236, 237A, 237B, 238, 239A, 239B, 240A, 240B, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261A, 261B, 262, 263, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269A, 269B, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280A, 280B, 281A, 281B, 282, 283A, 283B, 284A, 284B, 285, 286, 287, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 368, 369, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391
Page 5877
VTD: 0004 CLEMENTS (Part) Tract: 9703. Block(s): 132, 133, 144, 145, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 194, 301, 302, 303, 304, 305, 306, 307, 308, 332, 333, 334, 335, 336, 337, 338, 339, 340, 392, 393, 394, 395, 396, 397 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Turner County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Turner County which is described in this section as being included in a particular education district shall nevertheless not be included within such education
Page 5878
district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of 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 1992 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to provide for the election of members of the board of education of Turner County, approved March 28, 1984 (Ga. L. 1984, p. 4862), as amended; to provide district boundary lines and for other purposes. This 24 day of February, 1992. Honorable Ray Holland Representative, 136th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray Holland, who, on oath, deposes and says that he is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wiregrass Farmer, which is the official organ of Turner County, on the following date: February 26, 1992. /s/ Ray Holland Representative, 136th District
Page 5879
Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 13, 1992. CRAWFORD COUNTYBOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS. No. 900 (House Bill No. 2031). AN ACT To amend an Act creating the Board of Commissioners of Roads and Revenues for Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, particularly by an Act approved October 3, 1879 (Ga. L. 1878-79, p. 366), and an Act approved February 22, 1943 (Ga. L. 1943, p. 909), so as to reaportion the commissioner districts; to provide for definitions and inclusions; to provide that current members of the board shall serve for the terms and from the districts provided in the order of the United States District Court for the Middle District of Georgia in Civil Action No. 84-321-3-MAC-WDO; to provide for the election of successors to the current members of the board; to provide for related matters; to provide for effective dates; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; 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 Roads and Revenues for Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, particularly by
Page 5880
an Act approved October 3, 1879 (Ga. L. 1878-79, p. 366), and an Act approved February 22, 1943 (Ga. L. 1943, p. 909), is amended by striking in their entirety Sections 2, 2a, 3, 3a, 4a, 5a, 6a, and 7 and inserting new sections to read as follows: Section 2. (a) The county affairs of Crawford County, Georgia, on or after January 1, 1993, shall be administered by a board of commissioners with five members, who shall be elected according to the provisions of this Act. (b) For the purpose of electing the members of the Board of Commissioners of Crawford County, Crawford County shall be divided into five commissioner districts as follows: Commissioner District: 1 CRAWFORD COUNTY VTD: 0002 2 (Part) Tract: 0701. Block(s): 260, 282, 289, 290, 291, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 327, 330, 343, 344 VTD: 0003 3 (Part) Tract: 0701. Block(s): 281 VTD: 0005 5 (Part) Tract: 0702. Block(s): 352, 353, 356 VTD: 001A 1A VTD: 001B 1B (Part) Tract: 0701. Block(s): 263, 274B, 275B, 276, 277, 308, 309, 310, 311, 326, 328, 329, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342 Tract: 0702. Block(s): 214, 215, 240, 242, 243, 244, 311, 312, 313, 314, 315, 316, 320, 381
Page 5881
Commissioner District: 2 CRAWFORD COUNTY VTD: 0002 2 (Part) Tract: 0701. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 130, 133, 134, 135, 136, 137, 138, 139, 140, 141, 156, 175, 176, 177, 178B, 179B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 220, 221, 222, 223, 224, 225, 229, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 258, 259, 261, 262, 264, 265A, 265B, 266, 267, 268, 269, 270, 271A, 271B, 272, 283, 284, 285, 286, 287, 288, 292, 293, 294, 295, 296, 412, 413, 414 VTD: 0003 3 (Part) Tract: 0701. Block(s): 101, 102, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 144, 145 Tract: 0702. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 113, 117, 118, 151 VTD: 0004 4 (Part) Tract: 0702. Block(s): 111, 112, 114, 115 VTD: 001B 1B (Part) Tract: 0701. Block(s): 312 Commissioner District: 3 CRAWFORD COUNTY VTD: 0002 2 (Part) Tract: 0701. Block(s): 142, 155, 218, 219, 226, 227, 228, 230, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257 VTD: 0003 3 (Part) Tract: 0701. Block(s): 131, 132, 143, 146, 147, 148, 149, 150, 151, 152, 153, 154, 157, 158A, 158B, 159, 160, 161, 162, 163, 164, 165A, 165B, 166, 167A, 167B, 168A,
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168B, 169, 170A, 170B, 171A, 171B, 172, 173, 174, 178A, 179A, 273, 274A, 275A, 278, 279, 280, 301A, 301B, 302, 303A, 303B, 304, 305, 306, 307, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 415, 416, 417, 418, 419, 420, 421, 422 VTD: 0004 4 (Part) Tract: 0702. Block(s): 150, 152, 153, 154 VTD: 0005 5 (Part) Tract: 0702. Block(s): 210, 211, 212, 213, 216, 222 Commissioner District: 4 CRAWFORD COUNTY VTD: 0004 4 (Part) Tract: 0702. Block(s): 110, 116, 119, 120, 121, 122, 123, 124, 125, 127, 129, 130, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 179, 180, 192, 193, 194 Commissioner District: 5 CRAWFORD COUNTY VTD: 0004 4 (Part) Tract: 0702. Block(s): 181, 182, 183 VTD: 0005 5 (Part) Tract: 0702. Block(s): 126, 128, 131, 132, 170, 171, 172, 173, 174, 175, 176, 177, 178, 184, 185, 186, 187, 188, 189, 190, 191, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 217, 218, 219, 220, 221, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 241, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 301, 302, 303, 346, 347, 348, 349, 350, 351
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(c) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Crawford County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Crawford County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 3. (a) The members of the Board of Commissioners of Crawford County who are in office on the effective
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date of this Act and who were elected pursuant to the order of the United States District Court for the Middle District of Georgia in Civil Action No. 84-321-3-MAC-WDO shall serve from the districts and for the terms provided in that order. The expiration dates for the terms provided in that order are as follows: December 31, 1994, for the District 1 and District 5 Commissioners; and December 31, 1992, for the District 2, 3, and 4 Commissioners. (b) (1) A successor to each of these current members and their successors shall be elected from the commissioner district of the same number at the general election preceding the expiration of each term; and each such future member shall serve for a term of four years beginning on January 1 following election and until the respective successor is elected and qualified. (2) Each candidate in such future elections must be a resident of the commissioner district the candidate seeks to represent at the time of qualifying. (3) Election of each such future member shall be by the voters of the commissioner district represented only. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney for the governing authority for Crawford County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3 . Except for the provisions of this Act relating to and necessary for the election of the members of the Board of Commissioners of Crawford County in 1992, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of commissioners shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide for the creation of four districts, and one at large post for the election of county commissioners. /s/ Robert Ray Rep. 98th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who, on oath, deposes and says that he is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Post, which is the official organ of Crawford County, on the following date: February 20, 1992. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 5th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992.
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CITY OF SNELLVILLECORPORATE LIMITS. No. 901 (House Bill No. 2046). AN ACT To amend an Act incorporating the City of Snellville, approved August 20, 1923 (Ga. L. 1923, p. 775), as amended, so as to deannex and exclude 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 Snellville, approved August 20, 1923 (Ga. L. 1923, p. 775), as amended, is amended by adding a new section immediately following Section 2B, to be designated Section 2C, to read as follows: Section 2C. The corporate limits of the City of Snellville shall not include the following described property which is deannexed and excluded from such corporate limits: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 69 of the 5th District, Gwinnett County, Georgia, being more particularly described as follows: BEGINNING at an iron pin located on the southerly right of way of Crestview Drive, said right of way being 60 feet in width, 1,492.6 feet southerly, southeasterly and easterly along the westerly, southwesterly and southerly right of way of Crestview Drive, following the curvature thereof, and the intersection of the westerly right of way of Crestview Drive with the southerly right of way of US Highway 78; running thence north 85 degrees 01 minutes 43 seconds east along the southerly right of way of Crestview Drive 115.07 feet to a point; running thence in an easterly direction along the southerly right of way of Crestview Drive for an arc distance of 84.97 feet to an iron pin; running thence south 18 degrees 01 minutes 50 seconds east 233.68 feet to an iron pin; running thence
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south 89 degrees 30 minutes 36 seconds west 205.0 feet to an iron pin; thence north 18 degrees 01 minutes 50 seconds west 214.20 feet to an iron pin at the POINT OF BEGINNING: containing 1,000 acres according to plat of survey for BCW AND ASSOCIATES prepared by Robert M. Burch, Registered Land Surveyor, dated April 1, 1986. 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 1992 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Snellville, approved August 20, 1923 (Ga. L. 1923, p. 775), as amended, so as to deannex and exclude certain property from the corporate limits of the city; and for other purposes. This 24th day of February, 1992. -s- Mike Barnett Honorable Mike Barnett Representative, 59th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike 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: February 27, 1992. /s/ Mike Barnett Representative, 59th District
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Sworn to and subscribed before me, this 6th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. CITY OF JEFFERSONHOMESTEAD EXEMPTION; CITY AND CITY SCHOOL DISTRICT TAXES; REFERENDUM. No. 902 (House Bill No. 2067). AN ACT To provide a homestead exemption from all City of Jefferson and City of Jefferson Independent School District ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that city and school district who have annual earned family incomes not exceeding $18,000.00 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 means all ad valorem taxes levied by, for, or on behalf of the City of Jefferson and the City of Jefferson Independent School District, including but not limited to taxes to retire school bond indebtedness.
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(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 City of Jefferson and the City of Jefferson Independent School District who is 62 years of age or over is granted an exemption on that person's homestead from all City of Jefferson and City of Jefferson Independent School District ad valorem taxes for educational purposes for $10,000.00 of the value of that homestead, if that person's earned income from all sources, expressly excluding social security and retirement benefits, together with the income of the spouse and family members of such person who reside within such homestead, does not exceed $18,000.00 for the immediately preceding taxable year. Section 3 . The governing authority of the City of Jefferson or its designee 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
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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 City of Jefferson and the City of Jefferson Independent School District who has claimed the homestead exemption provided for in this Act to notify the governing authority in the event that resident becomes ineligible for any reason to receive such homestead exemption. Section 6 . The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from City of Jefferson and City of Jefferson Independent School District ad valorem taxes. Section 7 . The exemption granted by this Act shall not apply to or affect any state taxes or municipal taxes. 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 the City of Jefferson 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 Jefferson for approval or rejection. The election superintendent shall conduct that election at the time of the state-wide general primary 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 the City of Jefferson. 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 and school ad valorem taxes levied for the City of Jefferson and the City of Jefferson Independent School District for residents of that city and district
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who are 62 years of age or over and whose annual earned family income does not exceed $18,000.00? 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. The expense of such election shall be borne by the City of Jefferson. 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 1992 session of the General Assembly of Georgia a bill to provide a homestead exemption from all City of Jefferson ad valorem taxes for $10,000.00 of the value of the homestead for residents of the City of Jefferson who are 62 years of age and whose earned family income does not exceed $18,000.00, and for other purposes, This the 2nd day of March, 1992. Honorable Michael A. Beatty, Representative, 12th District
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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 Jackson Herald, which is the official organ of Jackson County, on the following date: March 4, 1992. /s/ Mike Beatty Representative, 12th District Sworn to and subscribed before me, this 6th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. WALTON COUNTYBOARD OF EDUCATION; DISTRICTS; TERMS; ELECTIONS; COMPENSATION; REFERENDUM. No. 903 (House Bill No. 2074). AN ACT To amend an Act changing the manner and method of choosing members of the board of education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, particularly by an Act approved February 26, 1969 (Ga. L. 1969, p. 2054), so as to provide new education districts; to provide for definitions and insertions; to provide for members of such board serving on the effective date of this Act; to provide for the election of successors; to provide for the salary of members; to provide
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for submission of this Act to the United States Attorney General and for automatic repeal; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act changing the manner and method of choosing members of the board of education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, particularly by an Act approved February 26, 1969 (Ga. L. 1969, p. 2054), is amended by striking in their entireties Sections 1, 2, and 3 and inserting in lieu thereof, respectively, the following: Section 1. The board of education of Walton County shall be composed of seven members to be elected from election districts as follows: Education District: 1 WALTON COUNTY VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1103. Block(s): 108A, 109, 110, 111, 112, 134A, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 161, 162, 163, 164, 165, 209, 222, 223, 224, 225, 234, 235, 236, 237, 238, 239, 243, 244, 245, 246, 247, 306A, 307, 308, 309, 310A, 311, 312 Tract: 1104. Block(s): 130A, 132A, 202A, 202B, 204A, 205, 206, 207, 208, 209, 210A, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 235A, 250, 251, 252, 253, 254, 255 Education District: 2 WALTON COUNTY VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1102. Block(s): 249, 250, 251, 252, 253, 254, 255, 256, 307A, 308, 309
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Tract: 1103. Block(s): 113A, 114A, 120, 122, 123, 124, 125, 126, 127, 128, 129, 130A, 130B, 131, 132A, 132B, 133A, 133B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 155, 156, 157, 158, 159, 160, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178A, 178B, 201, 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 226, 227, 228, 229, 230, 231, 232, 233, 240, 241, 242, 248, 249, 250, 251, 252, 253, 254, 255, 301, 302, 303A, 303B, 304, 305, 306B, 310B, 313A, 313B, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330 Tract: 1104. Block(s): 257 Tract: 1107. Block(s): 101, 102, 103, 104, 107, 108A, 108B, 108C, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 148, 151, 161, 162, 201, 202, 203, 204, 205, 206, 207, 242A, 242B, 243A, 243B, 260, 261, 262, 263, 264, 265 VTD: 0559 GOOD HOPE VTD: 1675 WHATLEY (Part) Tract: 1107. Block(s): 105, 106, 155, 156, 157, 158, 159, 160, 246, 252, 253, 254, 255, 256, 257, 258, 259, 266, 267 Education District: 3 WALTON COUNTY VTD: 0415 BETWEEN (Part) Tract: 1105. Block(s): 150, 151, 175 VTD: 0416 WALNUT GROVE (Part) Tract: 1106. Block(s): 170 VTD: 0417 LOGANVILLE (Part) Tract: 1105. Block(s): 178A, 178B, 180A, 180B, 181A, 181B, 181C, 182, 183A, 183C, 184, 201, 202, 203A, 203B,
Page 5895
204, 205A, 205B, 205C, 205D, 228A, 228B, 229, 230, 231, 232, 233, 234, 235, 236, 238, 239A, 239B, 239C, 239D, 240A, 240B, 241, 242, 243, 244, 245, 246A, 246B, 246C, 253, 255A, 255B, 256A, 256B, 257A, 257B, 258A, 258B, 258C, 259, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 358, 359, 360, 361, 362, 363, 365, 501, 502, 503, 504, 505 Education District: 4 WALTON COUNTY VTD: 0415 BETWEEN (Part) Tract: 1106. Block(s): 102, 103, 104, 105, 106, 107, 115, 116, 117 VTD: 0416 WALNUT GROVE (Part) Tract: 1106. Block(s): 108, 109, 110, 111, 112, 113, 114, 132, 134, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165A, 165B, 166A, 166B, 166C, 167, 168A, 168B, 169, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 204, 207, 208A, 208B, 209A, 209B, 210, 211, 212, 213A, 213B, 214A, 214B, 215A, 215B, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 231, 232, 260, 261, 262, 263, 264, 265, 266 VTD: 0417 LOGANVILLE (Part) Tract: 1105. Block(s): 357, 364 VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1104. Block(s): 234B, 238, 239, 240, 241B Tract: 1106. Block(s): 101, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 135, 136
Page 5896
Tract: 1107. Block(s): 213B, 213C, 214, 215A, 215B, 216, 217, 218B, 219, 220B, 234D, 235B, 236 VTD: 0502 JERSEY (Part) Tract: 1106. Block(s): 228, 229, 258, 267 Education District: 5 WALTON COUNTY VTD: 0418 SOCIAL CIRCLE (Part) Tract: 1108. Block(s): 103, 121, 122, 123, 124B, 125, 132, 133, 134, 135, 136, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161B, 162, 163B, 164B, 168B, 169B, 170, 171B, 177B, 178B, 179B, 180B, 185B, 196, 197, 201, 202, 203, 204, 205B, 206B, 218B, 220, 257B, 258B, 259, 260, 261, 301B, 308B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422 VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1102. Block(s): 257, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327 Tract: 1104. Block(s): 234A, 241A, 242, 243, 244, 245, 246, 247, 248, 249, 256 Tract: 1107. Block(s): 146, 147, 149A, 149B, 150A, 150B, 152, 153, 154, 208, 209, 210, 211, 212, 213A, 218A, 220A, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 234B, 234C, 235A, 237, 240, 241A, 241B, 244, 245 Tract: 1108. Block(s): 101, 102, 137, 138, 139, 140, 141 VTD: 0502 JERSEY (Part) Tract: 1106. Block(s): 133, 201, 202, 203, 205, 206, 230, 233A, 233B, 234, 235, 236A, 236B, 237A, 237B, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252A, 252B, 253, 254, 255,
Page 5897
256, 257, 259, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283 VTD: 1675 WHATLEY (Part) Tract: 1107. Block(s): 238, 239, 247, 248, 249, 250, 251, 268, 269 Tract: 1108. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 126, 127, 128, 129, 130, 131 Education District: 6 WALTON COUNTY VTD: 0415 BETWEEN (Part) Tract: 1101. Block(s): 263 Tract: 1104. Block(s): 114 Tract: 1105. Block(s): 111, 118, 119, 120, 134, 144, 145, 146, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165A, 165B, 165C, 166, 167, 168, 169, 170, 171, 172, 173A, 173B, 174A, 174B, 401, 402A, 402B, 403A, 403B, 404, 405A, 405B, 406A, 406B, 407A, 407B, 408, 409, 410 VTD: 0417 LOGANVILLE (Part) Tract: 1105. Block(s): 107, 108, 109, 110, 112A, 112B, 113A, 113B, 113C, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 128C, 129A, 129B, 130, 131, 132, 133, 135A, 135B, 136, 137, 138, 139, 140, 141A, 141B, 141C, 142, 143, 147, 148, 149, 176A, 176B, 177, 179, 183B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 237, 247, 248, 249, 250, 251, 252, 254 VTD: 1663 BOLD SPRINGS Education District: 7 WALTON COUNTY VTD: 0250 CAMPTON
Page 5898
VTD: 0414 GRATIS VTD: 0415 BETWEEN (Part) Tract: 1104. Block(s): 109, 110, 111, 112, 113, 166, 167, 168 VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1101. Block(s): 222, 231, 232, 235, 236, 270 Tract: 1103. Block(s): 101, 102, 103, 104, 105, 106, 107, 108B, 113B, 114B, 115, 116, 117, 118, 119, 121, 134B Tract: 1104. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130B, 131, 132B, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 201, 202C, 203, 204B, 204C, 210B, 235B, 236, 237 VTD: 0454 MOUNTAIN For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
Page 5899
(4) Any part of Walton County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Walton County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2. Elections of members of the board of education shall be nonpartisan. Each member of the board shall reside in the education district such member represents. To be elected as a member of the board, a candidate must receive a plurality of the votes cast by the voters of his education district. In the event of a vacancy on the board for any reason other than the expiration of the term of office, the remaining members of the board shall elect a person for the education post from the education district in which the vacancy occurs, who shall serve for the unexpired term. In the event a person who represents an education district moves his residence from such district, the vacancy shall exist from such district and shall be filled in the same manner as other vacancies. Section 3. The members serving on the effective date of this Act shall serve until December 31, 1992, and until their successors are duly elected and qualified. On the Tuesday next following the first Monday in November, 1992, and every four years thereafter, members from Education Districts 1, 3, 5, and 7 shall be elected for terms of four years and until their successors are duly elected and qualified. On the Tuesday next following the first Monday in November, 1992, members from Education Districts 2, 4, and 6 shall be elected for terms of two years and until their successors are
Page 5900
duly elected and qualified. Successors to such members from Education Districts 2, 4, and 6 shall be elected on the Tuesday next following the first Monday in November, 1994, and every four years thereafter for terms of four years and until their successors are duly elected and qualified. The members of the board shall receive $1,200.00 per annum, payable in equal monthly installments, plus $50.00 per called meeting attended for a maximum of $100.00 per month, such sums payable from county funds, as full compensation for their duties. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Walton County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 Walton County shall call and conduct an election for the purpose of submitting this Act to the electors of the Walton 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 Walton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the election of seven members of the Board of Education of Walton County from seven education districts in nonpartisan elections and which provides for the election of seven new members of such board to take office on January 1, 1993?
Page 5901
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 Walton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act entitled An Act changing the manner and method of choosing members of the board of education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended; and for other purposes. This 24th day of February, 1992. Honorable Tyrone Carrell Representative, 65th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tyrone Carrell, who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune, which is the official organ of Walton County, on the following date: February 28, 1992. /s/ Tyrone Carrell Representative, 65th District
Page 5902
Sworn to and subscribed before me, this 6th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. FLOYD COUNTYHOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 904 (House Bill No. 2076). AN ACT To amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28, 1986 (Ga. L. 1986, p. 5057), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4856), so as to provide for homestead exemptions for persons who are 65 years of age or over and for persons who are 75 years of age or over; to specify the terms, conditions, and procedures relative to the exemption; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28, 1986 (Ga. L. 1986, p. 5057), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4856), is amended by adding new Section 2A and 2B to read as follows:
Page 5903
Section 2A. Each resident of the Floyd County School District who is 65 years of age or over is granted an exemption on that person's homestead, which shall include the homestead plus no more than one acre of land, from one-half of the Floyd County School District ad valorem taxes for educational purposes, if that person's income, together with the income of all members of the family residing within such homestead, does not exceed $20,000.00 for the immediately preceding year. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 2B. Each resident of the Floyd County School District who is 75 years of age or over is granted an exemption on that person's homestead, which shall include the homestead plus no more than one acre of land, from all Floyd County School District ad valorem taxes for educational purposes, if that person's income, together with the income of all members of the family residing within such homestead, does not exceed $20,000.00 for the immediately preceding year. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 2 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1992. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Floyd County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Floyd County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with 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 Floyd County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a homestead exemption from one-half of the
Page 5904
Floyd County School Distric ad valorem taxes for educational purposes for that school district for certain residents of that district who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over and which provides for a homestead exemption from all Floyd County School District ad valorem taxes for educational purposes for that school district for certain residents of that district who have annual incomes not exceeding $20,000.00 and who are 75 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, Sections 1 and 2 of this Act shall become of full force and effect immediately. If Sections 1 and 2 of this Act are not so approved or if the election is not conducted as provided in this section, then Sections 1 and 2 of this Act shall not become effective and this Act shall be immediately repealed following that election date. The expense of such election shall be borne by Floyd County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4 . Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed.
Page 5905
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28, 1986 (Ga. L. 1986, p. 5057), as amended, so as to change the amount of the exemption; to specify the terms, conditions, and procedures relative to the exemption; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. This 31 day of Jan. 1992. HONORABLE E. M. BUDDY CHILDERS Representative, 15th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers, who, on oath, deposes and says that he is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune, which is the official organ of Floyd County, on the following date: February 6, 1992. /s/ E. M. Childers Representative, 15th District
Page 5906
Sworn to and subscribed before me, this 10th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. CITY OF CARROLLTONHOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 905 (House Bill No. 2157). AN ACT To provide for homestead exemptions from City of Carrollton ad valorem taxes for educational purposes for certain residents of that 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 provide an effective date; 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 City of Carrollton, including but not limited to taxes to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.
Page 5907
(3) Income means net income from all sources but shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system except such income which is in excess of the maximum amount authorized to be paid to an individual and that person's spouse under the federal Social Security Act. Section 2 . Each resident of the City of Carrollton who is 65 years of age or older is granted an exemption on that person's homestead from all City of Carrollton ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of that homestead, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $18,000.00 for the immediately preceding taxable year. Section 3 . The tax commissioner of Carroll County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemption. Section 4 . The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Carroll County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Section 5 . The exemptions granted by this Act shall not apply to or affect any state taxes. Section 6 . The exemptions granted by this Act shall be in lieu of and not in addition to any other homestead exemption from City of Carrollton ad valorem taxes for educational purposes.
Page 5908
Section 7 . The exemptions granted by this Act shall apply to all taxable years beginning after December 31, 1992. Section 8 . 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 Carrollton shall call and conduct an election for the purpose of submitting this Act to the electors of the City of Carrollton for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Carrollton. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a homestead exemption from the City of Carrollton ad valorem taxes for educational purposes in the amount of $15,000.00 for qualified residents who are 65 or older whose net income does not exceed $18,000.00? 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 7 of this Act, then Sections 1 through 7 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, 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. In the event the election provided for in this section is not conducted on or before the Tuesday after the first Monday in November, 1992, this Act shall stand repealed in its entirety on December 31, 1992. The expense of such election shall be borne by the City of Carrollton. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Page 5909
Section 9 . Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 10 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to raise the homestead exemption, from school purpose taxes, of the citizens of the City of Carrollton who are 65 years of age and older; and for other purposes. This 17th day of March, 1992. s/ Honorable Charles Thomas, Jr., Representative, 69th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles A. Thomas, Jr., who, on oath, deposes and says that he is Representative from the 69th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Georgia, which is the official organ of Carroll County, on the following date: March 19, 1992. /s/ Charles A. Thomas, Jr. Representative, 69th District
Page 5910
Sworn to and subscribed before me, this 20th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. CHARLTON COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 906 (House Bill No. 2171). AN ACT To amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5042), so as to change provisions relating to commissioner districts; to provide for definitions and insertions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; 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 for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5042), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
Page 5911
Section 2. (a) For the purpose of electing members of the board of commissioners, Charlton County shall be divided into five commissioner districts as follows: Commissioner District: 1 CHARLTON COUNTY VTD: 0001 1 VTD: 0002 2 (Part) Tract: 9901. Block(s): 413A, 414, 415, 428, 429, 438, 439, 440, 441, 445, 449, 455 Commissioner District: 2 CHARLTON COUNTY VTD: 0002 2 (Part) Tract: 9901. Block(s): 287A, 287B, 287E, 306A, 307A, 308, 314, 341, 353, 354, 356, 357, 358A, 358B, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369A, 369B, 370, 371A, 371B, 372, 373, 374, 375, 376A, 377, 378, 379, 380A, 381A, 382A, 383, 386, 388, 389, 390, 391, 393A, 394A, 421, 422, 423, 432, 433, 434, 435, 442, 443, 444, 446, 447, 448, 450, 451, 452, 453, 457, 458, 459, 460, 461, 462, 463, 464, 465A, 466, 467, 468, 469A, 471A, 472 VTD: 0004 4 (Part) Tract: 9901. Block(s): 287C, 287D, 287F, 376B, 376D VTD: 0005 5 (Part) Tract: 9901. Block(s): 345, 346, 347, 349, 350, 351, 352, 355, 387 Commissioner District: 3 CHARLTON COUNTY VTD: 0003 3 (Part) Tract: 9902. Block(s): That part of Block 135 which lies south of Traders Hill Road Block(s): 136, 137, 142, 143, 144, 146, 147, 148, 149,
Page 5912
150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 Commissioner District: 4 CHARLTON COUNTY VTD: 0002 2 (Part) Tract: 9901. Block(s): 222A, 222D, 306C, 376C VTD: 0003 3 (Part) Tract: 9901. Block(s): 380B, 381B, 382B, 384, 385, 392, 393B, 394B, 395, 396, 397, 465B, 479, 480, 481 Tract: 9902. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 113, 114, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134 Block(s): That part of Block 135 which lies north of Traders Hill Road Block(s): 138, 139, 140, 141, 145 VTD: 0004 4 (Part) Tract: 9901. Block(s): 172, 173, 180B, 180C, 181B, 181C, 182B, 222B, 222C, 222E, 223A, 223B, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277,
Page 5913
283, 284, 285, 286, 288, 303A, 303B, 304, 305B, 305C, 306B, 306D, 307B, 311B, 311C, 376E Tract: 9902. Block(s): 101, 110, 111, 112, 115, 116 VTD: 0005 5 (Part) Tract: 9901. Block(s): 152C Commissioner District: 5 CHARLTON COUNTY VTD: 0002 2 (Part) Tract: 9901. Block(s): 335, 339, 340 VTD: 0005 5 (Part) Tract: 9901. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 152D, 152E, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 174, 175, 176, 177, 178, 179, 180A, 181A, 182A, 183, 184, 185, 187, 196A, 196B, 196C, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 278, 279, 280, 281, 282, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302, 305A, 309, 310, 311A, 312, 313, 315, 316, 323, 324, 325, 326, 336, 337, 338, 348, 401, 402, 403, 404, 405, 406, 407, 410, 411, 412, 482, 483 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
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(2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Charlton County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Charlton County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Charlton County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
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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 1992 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Charlton County, approved August 9, 1927 (Ga. L. 1972, P. 529), as amended, to provide for districts from which members of the board of commissioners are elected; and for other purposes. This 16th day of March, 1992. Honorable Harry D. Dixon Representative, 151st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Charlton County Herald, which is the official organ of Charlton County, on the following date: March 18, 1992. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 18th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992.
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CITY OF KENNESAWMUNICIPAL COURT; PROBATION; SCHOOLS; FEES. No. 907 (Senate Bill No. 628). AN ACT To amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971, (Ga. L. 1971, p. 3620), so as to provide for the authority of the municipal court to place persons on probation; to require attendance at safety education schools, drug and alcohol risk reduction schools, or other educational programs; to provide for authority to order persons to pay fees for probation as well as other costs; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), is amended by adding at the end of Article VI a new Section 6.07 to read as follows: Section 6.07. Probation. In addition to the provisions of Section 6.03 of this charter, the municipal court shall have the authority to place any person found guilty of a violation of a traffic law or ordinance of the City of Kennesaw upon probation and to suspend or modify any sentence. In addition to such punishment, the court may require attendance at safety education schools, alcohol or drug risk reduction schools, or other training and educational programs. The municipal court shall have the authortiy to order any person placed on probation to pay a probation fee to the City of Kennesaw Probation Department of no more than $20.00 per month. In addition, any person required to attend a safety education school, alcohol or drug risk reduction school, or other training and educational programs shall pay all the costs thereof. The municipal court shall further have authority to require any person found guilty of a violation of a traffic law or ordinance of the City of Kennesaw to submit to
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random drug or alochol testing and to pay all costs of said tests. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended; and for other purposes. This 14 day of January, 1992. Jack Vaughan Delegation Secretary Honorable Fred Aiken Representative, 21st District Honorable Bill Atkins Representative, 21st District Honorable Eugene T. Clark Representative, 20th District Honorable Tom Cauthorn Representative, 20th District Honorable Lynda Coker Representative, 21st District Honorable John W. Hammond Representative, 20th District Honorable Kip Klein Representative, 21st District Honorable Debra A. Mills Representative, 20th District Honorable Jack Vaughan Representative, 20th District Honorable Tom Wilder Representative, 21st District Honorable Charles C. Clay Senator, 37th District Honorable Sallie Newbill Senator, 56th District Honorable Hugh A. Ragan Senator, 32nd District
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Honorable Steve Thompson Senator, 33rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Clay, who, on oath, deposes and says that he is Senator from the 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 17, 1992. /s/ Charles C. Clay Senator, 37th District Sworn to and subscribed before me, this 5th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 13, 1992. CITY OF ROYSTONNEW CHARTER. No. 908 (Senate Bill No. 825). AN ACT To provide a new charter for the City of Royston; 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, vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, and procedures; to provide for ordinances and codes; to provide for a
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city manager, mayor, and mayor pro tem. and certain duties, powers, and other matters relative thereto; 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 and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting, budgeting, and appropriations; to provide for city contracts; to provide for the conveyance of property; to provide for bonds for officials; to provide for eminent domain; to provide for prior ordinances, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability and 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 . Name. This city and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style Royston, 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 City Manager and to be designated, as the case may be: Official Map of the corporate limits of the City of Royston, Georgia. Photographic, typed, or other copies of such map or description certified by the city manager shall be
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admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. Section 1.12 . Powers and Construction. (a) This city shall have all powers possible for a city to have under the present or future constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Section 1.13 . Examples of Powers. The powers of this city shall include, but not be limited to, the following: (1) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air, and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal Regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (3) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the
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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, 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 processions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations. (8) Emergencies. To establish procedures for determining and proclaming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; (9) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof;
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(10) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business 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, conductor use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail Sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains and squares in the city, to provide for commitment of such 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 or other property 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 light plants, transportation facilities, public airports, cable television, and any other public utility; and to fix the penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, gas 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) Nuisance. 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 insure a safe, healthy, and aesthetically pleasing community; (24) Police and Fire Protection. To exercise the power of arrest through duly appointed police, and to establish, operate, or contract for a police and a fire fighting agency; (25) Public Hazards; Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (27) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;
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(28) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the 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, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, 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
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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, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose and collect a sewer connection fee or fees to those connected with the system; (34) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish and refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (35) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements;
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(37) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: Other. 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; (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; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the constitution or applicable laws of the State of Georgia. Section 1.14 . Exercise of Powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into the execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
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ARTICLE II GOVERNMENT STRUCTURE Section 2.10 . City Council Creation, Number, Election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six council members. The mayor and council members shall be elected in the manner provided by this charter. Section 2.11 . City Council Terms and Qualifications for Office. Except as provided in Article V, the members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless they shall be 21 years of age on or before the date of the election and they shall have been a resident of the city for one year immediately prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during their period of service and to be registered and qualified to vote in municipal elections of this city. Section 2.12 . Vacancy; Filling of Vacancies. (a) Vacancies - The office of mayor or council member shall become vacant upon the incumbent's death, resignation, removal of residence from the city, missing four consecutive city council meetings without leave from council, 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 council member shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (b) Suspension - Upon the suspension from office of mayor or council member in any manner authorize 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.
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Section 2.13 . Compensation and Expenses. The mayor and council members shall receive compensation and expenses for their services as provided by ordinance. Section 2.14 . Conflicts of Interest; Holding Other Offices. (a) Conflict of Interest - No elected official, appointed officer, or employee of the city or any 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 their official duties or which would tend to impair the independence of their judgment or action in the performance of their 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 their official duties or would tend to impair the independence of their judgment or action in the performance of their official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which they are engaged without the proper legal authorization; or use such information to advance the financial or other private interest of themselves 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 their knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which they are 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. Valuables are defined as gifts worth over $50.00;
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(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 they have financial interest. (b) Disclosure - Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and they shall disqualify themselves from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) Use of Public Property - No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Contracts Viodable and Rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city official. (e) Ineligibility of Elected Official - 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 they were elected. No former mayor and no former council member shall hold any compensated
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appointive office in the city until one year after the expiration of the term for which they were elected. (f) Political Activities of Certain Officers and Employees - No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (g) Penalties for Violation - (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited their office or position. (2) Any officer or employee of the city who shall forfeit their office or position as described in paragraph (1) above, shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. Section 2.15 . Inquiries and Investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. Section 2.16 . General Power and Authority of the City Council. Except as otherwise provided by the charter, the city council shall be vested with all the powers of government of this city as provided by Article I. Section 2.17 . Eminent Domain. The city council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, cable television systems, gas systems, airports, hospitals, and charitable educational, recreational,
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sport curative, corrective, detentional, penal and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. Section 2.18 . Oath of Office. The oath of office shall be administered by any person duly authorized by law to administer oaths to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (council member) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.19 . Regular and Special Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting without unanimous consent of such council members present. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made as required by law. Section 2.20 . Rules of Procedure. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide
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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 mayor's pleasure. The mayor shall have the power to appoint new members to any committee at any time. Section 2.21 . Quorum: Voting. (a) Four council members shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of council members present shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of council members holding office, then the remaining council members 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 council members shall be required for the adoption of any ordinance, resolution or motion. Section 2.22 . Ordinance Form; Procedures. (a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Royston hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24. Upon introduction of any ordinance, the city manager shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable
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number of copies in the office of the city manager and at such other places as the city council may designate. Section 2.23 . Action Requiring an Ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 2.24 . Emergencies. To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or three council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least a majority of the council members present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.25 . Codes of Technical Regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) The requirements of Section 2.22(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and
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(2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city manager pursuant to Section 2.26. (b) Copies of any adopted code of technical regulations shall be made available by the city manager for distribution or for purchase at a reasonable price. Section 2.26 . Signing; Authenticating; Recording; Codification; Printing. (a) The mayor or city manager shall authenticate by his signature and record in full in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as Code of Ordinances, City of Royston, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
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Section 2.27 . City Manager; Appointment; Qualifications; Compensation. The city council shall employ a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be employed solely on the basis of the city manager's executive and administrative qualifications. Section 2.28 . Removal of City Manager. (a) The city council may remove the city manager from office in accordance with the following procedures: (1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager. (2) Within five (5) days after a copy of the resolution is delivered to the city manager, the city manager 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 city manager may file with the council a written reply not later than five (5) days before the hearing. (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) above, 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 city 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 city manager shall continue to receive the city manager's salary until the effective date of a final resolution of removal.
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Section 2.29 . Acting City Manager. By letter filed with the city, 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 city manager during the city manager's 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 the city manager's disability shall cease. Section 2.30 . Powers and Duties of the City Manager. The city manager shall be the chief administrative officer of the city. 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 employ and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager employs, except as otherwise provided by law, in this charter, or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to those subordinated 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 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 the city manager may not vote; (4) The city manager shall see that all laws, provisions of this charter, and acts 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;
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(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 at the regularly held monthly meeting of the city council; (7) The city manager shall make such other reports as the city council may require concerning the operations of city departments, offices and agencies subject to the city manager's 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 the city manager deems desirable; and (9) The city manager shall perform other such duties as are specified in this charter or as may be required by the city council. Section 2.31 . Council Interference with Administration. Except for the purpose of inquiries and investigation 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 2.32 . Election of Mayor; Forfeiture; Compensation. Except as provided in Article V, the mayor shall be elected and serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city, and the mayor shall be 21 years of age on or before the date of the election and the mayor shall have been a resident of the city for one year immediately preceding the mayor's election. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit the mayor's office on the same grounds and under the same procedure
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as for council members. The compensation of the mayor shall be established in the same manner as for council members. Section 2.33 . Mayor Pro Tem., Election. By a majority vote, the city council shall elect a council member to serve as mayor pro tem. Section 2.34 . 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 spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances and other instruments executed by the city which by law are required to be in writing; (5) Vote at city council meetings only in the case of a tie vote by council members; and (6) Have veto power to be exercised in the manner set out in Section 2.36. Section 2.35 . Mayor Pro Tem., Power and Duties. During the absence or disability of the mayor for any cause, the mayor pro tem, or in the mayor's absence or disability for any reason, any one of the council members 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 council members.
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Section 2.36 . Submission of Ordinances to the Mayor; Veto Power. (a) Every ordinance adopted by the city council shall be presented promptly by the city manager to the mayor. (b) The mayor, within five (5) calendar days of receipt of an ordinance, shall return it to the city manager with or without the city manager's approval, or with the city manager's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city manager; 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 a written statement of the mayor's reasons for the mayor's veto. The city manager 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 manager to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by an affirmative vote of two-thirds of its members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) above. 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.
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(b) Except as otherwise provided by this charter or by law, the heads of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and heads of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a head of each department or agency 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 their department or agency. (e) 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 directors under the city manager's supervision which suspension shall be effective immediately 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 two-thirds ([UNK]) majority vote of council members present at such meeting. Section 3.11 . Boards, Commissions and Authorities. (a) The city council shall create by ordinances 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 provide by charter or by law, no member of any board, commission, or authority created pursuant to paragraph (c) above shall hold any elective office in the city. (e) Any vacancy on a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission or authority shall assume office until they have executed and filed with the city manager an oath obligating themselves to faithfully and impartially perform the duties of their 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 (4) members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and shall elect as its secretary one of its own members. Each board, commission or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the city manager. 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 the city attorney by virtue of the position as
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city attorney. The city attorney shall serve at the discretion of the city council. Section 3.13 . City Clerk. The city council may appoint a city clerk who shall not be a council member. The city clerk shall be custodian of the official city seal; maintain council records required by this charter; and perform such other duties as may be required by city council or delegated by the city manager. Section 3.14 . City Treasurer. The city council may appoint a financial officer to collect all taxes, licenses, fees, and other monies belonging to the city subject to the provisions of this charter and the ordinances of the city, and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes. The financial officer shall also be responsible for the general duties of a treasurer and fiscal officer. Section 3.15 . City Accountant. The city council shall appoint a city accountant to perform the duties of an accountant. The city accountant shall serve at the discretion of the city council. Section 3.16 . 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 3.17 . Personnel Policies. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment;
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(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. Section 3.18 . Consolidation of Functions. The council may consolidate any two or more of the positions of city clerk, city treasurer, city manager, city tax collector, or of any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. 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 Royston. Section 4.11 . Chief Judge; Associate Judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless they 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 and shall serve at the discretion of the city council. (c) Compensation of the judges shall be fixed by ordinance.
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(d) Judges may be removed for cause by a vote of a majority of the members present at the regular meeting of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that they will honestly and faithfully discharge the duties of their office to the best of their 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. 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 three hundred dollars ($300.00) or ten (10) days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of Three Thousand Five Hundred ($3,500.00) Dollars 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 state law or local ordinance. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to the superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, their bond shall be forfeited
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by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal courts 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 bylaw. (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 mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Courts of Franklin, Madison and Hart Counties under the
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laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4.15 . Rules for Court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city manager, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS AND REMOVAL Section 5.10 . Applicability of General Law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 21, Chapter 3 of the Official Code of Georgia Annotated, as now or hereafter amended. Section 5.11 . Election of the City Council and Mayor. (a) There shall be a municipal general election biennially on the first Tuesday following the first Monday in November of each odd-numbered year. (b) The mayor and three council members who were elected to their respective offices at the municipal general election in 1990, and any person appointed or elected to fill a vacancy in those offices, shall continue to serve out their respective terms of office which shall expire December 31, 1993, and upon the election and qualification of their respective successors. Those successors shall be elected at the municipal general election in 1993, shall take office the first day of January, 1994, and shall serve for terms of office of four years each and until their respective successors are elected and qualified. (c) The three council members who were elected to their respective offices at the municipal general election in 1991,
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and any person appointed or elected to fill a vacancy in those offices, shall continue to serve out their respective terms of office which shall expire December 31, 1995, and upon the election and qualification of their respective successors. Those successors shall be elected at the municipal general election in 1995, shall take office the first day of January, 1996, and shall serve for terms of office of four years each and until their respective successors are elected and qualified. (d) After successors are elected pursuant to subsections (b) and (c) of this section, successors to the mayor and council members whose terms of office are to expire shall be elected at the municipal general election immediately preceding the expiration of such terms and shall take office the first day of January immediately following that election and serve for terms of office of four years each and until their respective successors are elected and qualified. Section 5.12 . Nonpartisan Elections. (a) Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. (b) The person receiving a plurality of the votes cast for any city office shall be elected. Section 5.13 . Special Elections; Vacancies. In the event of a vacancy occurring in the office of mayor or council member for any reason other than expiration of term, that vacancy shall be filled as provided in this section: (1) If the vacancy occurs within the first two years of the term of the vacated office but at least 35 days before the municipal general election to be held within those first two years, then the members of the council, or the remaining members thereof if the vacancy is in the office of a council member, by majority vote 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 municipal general election. The election superintendent of the City
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of Royston shall conduct that special election on the same date as that municipal 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 members of the council, or the remaining members thereof if the vacancy is in the office of a council member, by majority vote 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 3 of Title 21 of the O.C.G.A. shall apply to special elections to fill vacancies provided for in this section. Section 5.14 . Other Provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. Section 5.15 . Removal of Officers. (a) The mayor, council members, or other appointed officers provided for in this charter shall be removed from office for anyone or more of the following causes: (1) Incompetence, misfeasance or a malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter;
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(5) Abandonment of office or neglect to perform the duties thereof; (6) Failure for any other cause to perform the duties of office as required by this charter or by state law; or, (7) Knowingly violating Section 2.31 of this charter dealing with council interference with administration. (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 a majority of council members present after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Courts of Franklin, Hart or Madison Counties. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Courts of Franklin, Hart or Madison Counties following a hearing on a complaint seeking such removal brought by any resident of the City of Royston. 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
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any other public purpose as determined by the city council in its discretion. Section 6.11 . Millage Rate; Due Dates; Payment Methods. The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation and Business Taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18. Section 6.13 . Licenses; Permits; Fees. The city council by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitates. Section 6.14 . Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The city council shall determine the duration, terms,
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whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city manager in a registration book kept by the city manager. 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 goods or services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.16 . Special Assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.17 . Construction, Other Taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of Delinquent Taxes and Fees. The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city
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licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. Section 6.19 . General Obligations Bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20 . Revenue Bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. Section 6.21 . Short-term Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22 . Fiscal Year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the city government. Section 6.23 . Preparation of Budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program and a capital budget, including requirements as to the scope, content and form of such budgets and programs. Section 6.24 . Submission of Operating Budget to City Council. On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the
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budget, and such other comments and information as the city manager 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 manager 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 city manager; except, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than 30 days prior to the beginning of each fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. 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. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable. Section 6.26 . Tax Levies. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated
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revenues, fund balances and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. Section 6.27 . Changes in Appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. Section 6.28 . Capital Improvements Budget. (a) On or before the date fixed by the city council but no later than 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 the city manager's recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by the city manager's recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 6.29 . Independent Audit. There shall be an annual independent audit of all city accounts, funds and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally
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accepted accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. Section 6.30 . Contracting procedures. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, is signed by the city attorney 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. 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 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 tractor 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 swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the
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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 elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11 . Prior Ordinances. All ordinances, resolutions, rules and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council. Section 7.12 . First Election Under This Charter. The first election shall be held on the Tuesday next following the first Monday in November, 1993, at which time the positions held by Mayor Steve Williams, Councilmen Herbert Norton, David Pressley and Paul Crawford shall be filled. 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 60 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition. Section 7.14 . Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel or offices as may be provided by the city council.
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Section 7.15 . Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is 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 of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.17 . Effective Date. This charter shall become of full force and effect on June 1, 1992. Section 7.18 . Specific Repealer. An Act incorporating the City of Royston in the Counties of Franklin, Hart and Madison approved March 27, 1985, (Ga. L. 1985, p. 4286), is repealed in its entirety. Section 7.19 . General Repealer. 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 1992 session of the General Assembly of Georgia, a bill to reincorporate the City of Royston in the counties of Franklin, Hart and Madison and to grant a new charter to that municipality under such corporate name and style; to provide for a form
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of municipal government and for all matters related thereto; and for all other purposes. This 20th day of February, 1992. Michael S. Green, Attorney for the City of Royston GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Donald Johnson, Jr., who, on oath, deposes and says that he is Senator from the 47th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen, which is the official organ of Franklin County, on the following date: February 27, 1992. /s/ C. Donald Johnson, Jr. Senator, 47th District Sworn to and subscribed before me, this 4th day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 Approved April 13, 1992. HABERSHAM COUNTYBOARD OF EDUCATION; DISTRICTS. No. 909 (Senate Bill No. 862). AN ACT To amend an Act providing for the election of the members of the Board of Education of Habersham County, approved
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March 5, 1976 (Ga. L. 1976, p. 2798), so as to change the education districts; to provide for definitions; to provide for conflicting descriptions; to provide for inclusion of certain areas within other districts; to require certain submissions and provide for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the election of the members of the Board of Education of Habersham County, approved March 5, 1976 (Ga. L. 1976, p. 2798), is amended by striking subsection (a) of Section 2 thereof and inserting in its place a new subsection to read as follows: (a) (1) For purposes of electing the members of said Board of Education of Habersham County, Habersham County shall be divided into five Education Districts to be composed of that territory of Habersham County described as follows: Education District: 1 HABERSHAM COUNTY VTD: 0004 CENTER HILL (Part) Tract: 9903. Block(s): 316, 321, 322, 324, 325, 326, 327 Tract: 9904. Block(s): 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 201, 202, 203, 204A, 204B, 204C, 204D, 205A, 205B, 206A, 206B, 207A, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 301A, 301B, 302, 303A, 303B, 304A, 304B, 305, 306, 307, 308A, 308B, 309, 310, 311A, 311B, 333A, 333B, 336, 337, 359A, 359B, 359C, 359D, 360, 361, 362, 363, 364, 365A, 365B, 365C, 365D, 365E, 366, 367, 368, 369, 370, 371, 372, 373, 374,
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375, 376, 377 Tract: 9905. Block(s): 109, 110, 111, 112, 126, 406, 407, 408, 409, 445, 446, 501, 511D, 511E, 511H, 512 VTD: 0006 GLADE CREEK VTD: 0007 DEEP CREEK Education District: 2 HABERSHAM COUNTY VTD: 0002 CORNELIA VTD: 0009 BALDWIN (Part) Tract: 9906. Block(s): 120C, 209A, 209B, 210, 211, 229A, 229B, 229C, 229D, 230A, 230B, 230C, 234, 235, 236, 237, 238A, 238B, 238C, 238D, 238E, 239A, 239B, 240A, 240B, 241A, 241B, 241C, 242A, 242B, 245, 246A, 246B, 246C, 247, 248A, 248B, 249A, 249B, 249C, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 270, 412, 416, 417, 418, 419A, 419B, 419C, 419D, 419E, 419F, 419G, 419H, 420A, 420B, 420C, 421A, 421B, 421C, 422, 423, 424, 425, 426, 427, 428, 429, 430 Education District: 3 HABERSHAM COUNTY VTD: 0005 MUD CREEK VTD: 0009 BALDWIN (Part) Tract: 9906. Block(s): 111, 112, 117, 118, 119A, 119B, 119C, 120A, 120B, 121, 124, 201, 202A, 202B, 203, 204, 205A, 205B, 206A, 206B, 207, 208A, 208B, 216, 243, 244, 271, 272 VTD: 0010 VIEW Education District: 4 HABERSHAM COUNTY VTD: 0003 DEMOREST VTD: 0004 CENTER HILL (Part) Tract: 9905.
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Block(s): 120, 121, 122, 123, 124, 125, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137 VTD: 0008 FORK VTD: 0011 FALLING WATER Education District: 5 HABERSHAM COUNTY VTD: 0001 CLARKESVILLE VTD: 0004 CENTER HILL (Part) Tract: 9903. Block(s): 311, 312, 313, 314, 315, 323 Tract: 9905. Block(s): 107, 108 VTD: 0012 BATESVILLE VTD: 0013 FAIR PLAY VTD: 0014 COOL SPRINGS (2) For purposes of this subsection: (A) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (B) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (C) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
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(D) Any part of Habersham County which is not included in any education district described in this subsection shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (E) Any part of Habersham County which is described in this subsection as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (3) Education Districts 1, 2, 3, 4, and 5 as they existed on January 1, 1992, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this subsection, and on and after the date this subsection becomes effective in 1992, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this subsection. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Habersham County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 session of the GENERAL ASSEMBLY OF GEORGIA a bill to amend an Act providing for the election of the members of the Board of Education of Habersham County, approved March 5, 1976 (Ga. L. 1976, p. 2798); and for other purposes. This 10th day of March, 1992. Lonnie Burns Habersham County School Superintendent 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 Northeast Georgian, which is the official organ of Habersham County, on the following date: March 10, 1992. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 13, 1992.
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BALDWIN COUNTYBOARD OF EDUCATION; DISTRICTS; ELECTIONS; TERMS. No. 910 (Senate Bill No. 867). AN ACT To amend an Act providing for the election of members of the board of education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, so as to change the composition of education districts from which members of the board of education are elected; to provide for the election of members; to provide for terms of office; to provide procedures; to provide for the submission of this Act to the United States Attorney General; to repeal a specific law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the election of members of the board of education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The board of education of Baldwin County shall be composed of five members. For the purpose of electing members of the board, Baldwin County shall be divided into five education districts as follows: Education District: 1 BALDWIN COUNTY VTD: 0001 MONTPELIER - EAST BALDWIN (Part) Tract: 9701. Block(s): 139, 209, 210, 212, 213, 214, 215, 218, 226 Tract: 9702. Block(s): 524 VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9703. Block(s): 220C, 220D, 220E, 222C, 225B, 226B
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VTD: 0004 EAST MILLEDGEVILLE 320E VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 302A, 303A, 304A, 307A, 308, 309, 310A, 311A, 318, 319, 320, 321, 401A, 402 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9702. Block(s): 323B, 325A Tract: 9703. Block(s): 220A, 220B, 221, 222A, 222B, 225A, 226A Tract: 9704. Block(s): 110, 113, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 215, 216, 217, 221, 222 VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9704. Block(s): 313, 314, 315, 316, 317, 318, 319 VTD: 0010 GMC 320G (Part) Tract: 9705. Block(s): 139, 140, 141 Tract: 9706. Block(s): 101 Tract: 9707. Block(s): 101, 102, 103, 104, 105, 112, 113, 114, 117, 118, 119, 120, 121, 122, 123, 129, 130, 132, 133, 134, 135, 136, 137, 140B, 301, 302B, 303B, 304B, 305, 306, 307B, 310B, 311B, 401B, 426, 427, 428 VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 218, 219, 220, 301, 302, 303, 304, 305, 306, 320, 321, 322, 323, 326, 327, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 423, 424, 425, 426, 427, 430, 431, 504, 505, 506, 513 Education District: 2 BALDWIN COUNTY VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 140A, 312A, 313, 314A, 315, 316, 317, 404A, 405, 406, 407, 408, 415A, 416, 417, 418A, 420A, 422, 423, 424, 425, 548A
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VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9705. Block(s): 110, 111, 112, 216, 217, 218, 222, 223, 224, 225, 226, 227, 228, 229 VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 102A, 103, 104, 105, 106A, 107A, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 201A, 201C, 215A, 215B, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421 Tract: 9708. Block(s): 206, 207, 208, 211, 212, 213, 214, 215, 217, 218 VTD: 0010 GMC 320G (Part) Tract: 9705. Block(s): 137, 138 Tract: 9706. Block(s): 102B, 106B, 107B, 201B Tract: 9707. Block(s): 312B, 314B, 404C, 545, 546, 547, 548B, 548C VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9705. Block(s): 107, 108, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 142, 143 Education District: 3 BALDWIN COUNTY VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 230C, 230D, 230E, 231B, 231C, 232B, 233B, 233C Tract: 9704. Block(s): 212D, 212E, 213B, 213C, 214B, 307, 308C, 308D, 309B, 310B, 311C, 311D, 311E, 311F
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Tract: 9705. Block(s): 201B, 202B, 212B, 325B, 326C, 326D, 341, 342, 343B, 344A, 344B, 346C, 346D, 347, 348, 350B, 356B, 359B, 361, 362B, 363, 364, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385 Tract: 9708. Block(s): 201, 202, 203, 204, 205, 210, 401, 402, 403, 404, 405, 410, 411, 412, 413, 414 VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9703. Block(s): 229A, 230A, 231A, 232A, 233A Tract: 9704. Block(s): 212A, 212B, 212C, 213A, 214A, 308A VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9703. Block(s): 230B Tract: 9704. Block(s): 308B, 309A, 310A, 311A, 311B, 312, 324, 325, 428, 429, 507, 508, 509 Tract: 9705. Block(s): 109, 201A, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 213, 214, 215, 219, 220, 221, 325A, 326A, 326B, 343A, 345, 346A, 346B, 349, 350A, 351, 352, 353, 354, 355, 356A, 357, 358, 359A, 360, 362A VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 217, 218 Tract: 9708. Block(s): 209, 216, 231 VTD: 0010 GMC 320G (Part) Tract: 9707. Block(s): 106, 107, 108, 109, 110, 111, 115, 116 VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9704. Block(s): 421, 422, 501, 502, 503, 510, 511, 512, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529 Tract: 9705.
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Block(s): 101, 102, 103, 104, 105, 106, 128, 130, 131, 132, 133, 134, 135, 136 VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 130, 131, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302 Education District: 4 BALDWIN COUNTY VTD: 0001 MONTPELIER - EAST BALDWIN (Part) Tract: 9701. Block(s): 206, 207, 208, 211, 216, 217, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383 Tract: 9707. Block(s): 126 VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 201A, 201B, 217A, 218A, 219, 220, 221, 222A, 223, 224, 501A, 501B, 502, 503A, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 517, 518 VTD: 0010 GMC 320G (Part) Tract: 9707. Block(s): 124, 125, 127, 128, 131, 138, 139, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217B, 218B, 222B, 403, 404B, 409, 410, 411, 412, 413, 414, 415B, 418B,
Page 5970
419, 420B, 421, 501C, 503B, 515B, 516, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 549, 550 Tract: 9708. Block(s): 101, 102, 103, 104, 105A, 118A, 119, 120, 121, 122, 123A, 124, 125, 126, 127A, 128, 129 VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 105B, 106, 107, 108, 116, 117, 118B, 132, 133 Education District: 5 BALDWIN COUNTY VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 107D, 107E, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125B, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185B, 201, 202, 203, 204, 205, 309 Tract: 9702. Block(s): 342B VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 319D, 320B, 321B, 321C, 323C, 325B, 326, 327B, 328B, 329B, 330D, 331, 332B, 336B, 402 Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109,
Page 5971
110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 227, 228, 229B Tract: 9704. Block(s): 101B VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C Tract: 9705. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9701. Block(s): 107B, 125A, 126, 127A, 185A Tract: 9702. Block(s): 107A, 202A, 206A, 301A, 302, 303, 304, 305, 317, 318, 319A, 319B, 319C, 320A, 321A, 322, 323A, 324, 327A, 328A, 329A, 330B, 330C, 332A, 342A Tract: 9703. Block(s): 201A, 201D, 210A, 210B, 211A, 214A, 214B, 215A, 216A, 217, 218A, 223, 224 Tract: 9704. Block(s): 101A, 102, 103, 104, 105, 111, 112 VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 106, 107, 108, 109, 114, 115, 116 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the
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United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of the county which is not included in any education district described in this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of the county which is described in this subsection as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
Page 5973
Section 2 . Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) There shall be elected one member of the board to represent each of the five education districts. Each person qualifying for nomination or election to the board shall be a resident and qualified voter of the education district to which he seeks such nomination or election. The member elected from each such education district shall be elected by the qualified voters of Baldwin County residing solely within such education district. To be elected as a member of the board from an education district, a candidate must receive the highest number of votes cast and, at the same time, the candidate must receive a majority of the total votes cast in such education district. If a member of the board moves his residence from the education district which he represents, such office on the board shall thereby become vacant. (b) All members of the board of education of Baldwin County who are in office on January 1, 1992, shall serve for the remainder of their unexpired terms to which they were elected. At the November general election in 1992, members shall be elected to represent Education Districts 2, 3, and 4. The persons elected to such education districts at such election shall take office on January 1, 1993, for terms of office of four years and until their successors are elected and qualified. At the November general election in 1994, members shall be elected to represent Education Districts 1 and 5. The persons elected at such election shall take office on January 1, 1995, for terms of office of four years and until their successors are elected and qualified. Thereafter, successors shall be elected in the general election in the year in which the terms of office expire 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. All members shall be nominated and elected pursuant to the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the `Georgia Election Code.'
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Section 3 . It shall be the duty of the attorney of the board of education of Baldwin County to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965, as amended; and it shall be the duty of the board of education of Baldwin County to direct and ensure that such submission is made by the board's attorney or some other attorney if the board's attorney fails to act. It shall be the duty of the board of education and the board's attorney to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or it becomes law without his approval and to ensure that such submission contains all materials necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General. Section 4 . An Act amending an Act providing for the election of members of the board of education of Baldwin County enacted at the 1992 regular session of the General Assembly of Georgia, S.B. 624, and approved by the Governor on February 26, 1992, as Act No. 631 is repealed in its entirety. 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 1992 session of the General Assembly of Georgia a bill to amend an Act providing for the election of members of the Board of Education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended; and for other purposes. This 7th day of January, 1992. 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,
Page 5975
and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union-Recorder, which is the official organ of Baldwin County, on the following date: January 10, 1992. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 20th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 13, 1992. WORTH COUNTYBOARD OF EDUCATION; DISTRICTS. No. 911 (House Bill No. 2005). AN ACT To amend an Act to provide for the election of a chairman and four members of the Worth County Board of Education, approved March 12, 1986 (Ga. L. 1986, p. 3716), so as to provide new education districts; to provide definitions and inclusions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act to provide for the election of a chairman and four members of the Worth County Board of Education, approved March 12, 1986 (Ga. L. 1986, p. 3716), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following:
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Section 1. (a) The Worth County Board of Education shall consist of a chairman and four additional members. The chairman shall be elected by a majority vote of the voters voting from the Worth County School District at large, and the other four members shall be elected from education districts by a majority vote of the voters voting from each district. The chairman and district members of the board shall serve for a term of four years and until their successors are elected and qualified. For the purpose of electing the four district members of the board, Worth County shall be divided into four education districts as follows: Education District: 1 WORTH COUNTY VTD: 0001 SYLVESTER (Part) Tract: 9502. Block(s): 140, 141, 142, 143, 150, 151, 152, 153, 154, 161, 305A, 307A, 308A, 309, 310, 311, 312, 313, 314A, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 420, 421, 422, 465 Tract: 9504. Block(s): 172B Tract: 9505. Block(s): 101, 102, 103A, 153A, 155A, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168A, 170, 171, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 234A, 245A, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 255, 256, 257, 258, 259, 260, 261, 262, 263A, 264A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362A, 363, 364A, 366, 367, 368, 369, 370, 371, 372, 375, 376, 377, 378, 379
Page 5977
VTD: 0003 POULAN (Part) Tract: 9504. Block(s): 167B, 172C, 173 Tract: 9505. Block(s): 362B VTD: 0006 RED ROCK (Part) Tract: 9502. Block(s): 305B, 307B, 308B VTD: 0013 GORDY (Part) Tract: 9505. Block(s): 103B, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 123, 124, 125, 126, 127, 128, 153B, 154, 155B, 168B, 169, 233 Education District: 2 WORTH COUNTY VTD: 0001 SYLVESTER (Part) Tract: 9502. Block(s): 136, 138, 139 VTD: 0002 SYLVESTER PARK (Part) Tract: 9502. Block(s): 129, 130A, 130B, 131A, 131B, 132, 133A, 133B, 134, 135, 137A, 137B, 144, 145, 146, 147, 148, 149, 155, 156, 157, 158, 159, 160, 402, 403A, 403B, 404A, 404B, 405A, 405B, 405C, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 466, 467 Tract: 9504. Block(s): 109, 110, 111, 112, 114, 115, 116 VTD: 0003 POULAN (Part) Tract: 9504. Block(s): 117A, 117B, 118, 119A, 119B, 120, 121A, 121B, 122, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156A, 156B, 157, 158, 159, 160A, 160B, 161, 162, 163, 164A, 164B,
Page 5978
165A, 165B, 166, 167A, 168A, 168B, 168C, 169A, 169B, 169C, 170A, 170B, 171, 172A, 172D, 172E, 174, 175, 176, 177A, 177B, 178A, 178B, 179, 180, 181, 182, 183, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 220, 225, 226, 227, 228, 229, 230, 251, 255 Tract: 9505. Block(s): 364B, 365, 373, 374 VTD: 0004 SUMNER VTD: 0005 SHINGLER Education District: 3 WORTH COUNTY VTD: 0006 RED ROCK (Part) Tract: 9502. Block(s): 102, 103, 104, 105, 107, 108, 109, 110, 121, 122, 123, 124, 125, 126, 127, 128, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 301, 302, 303, 304, 306, 308C, 314B VTD: 0007 DOLES VTD: 0008 OAKFIELD VTD: 0009 WARWICK Education District: 4 WORTH COUNTY VTD: 0010 SCOTTERVILLE VTD: 0011 MINTON VTD: 0012 BRIDGEBORO VTD: 0013 GORDY (Part) Tract: 9504. Block(s): 219, 221, 222, 223, 224 Tract: 9505. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148,
Page 5979
149, 150, 151, 152, 234B, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245B, 254B, 263B, 264B, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of the Worth County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of the Worth County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous
Page 5980
part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of 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 1992 session of the General Assembly of Georgia, a bill to amend an Act entitled An Act to Provide For The Election of a Chairman and Four Members of The Worth County Board of Education, approved March 12, 1986 (Ga. L. 1986, p. 3716); to provide for District boundary lines, and for other purposes. This 24th day of February, 1992. Ray Holland, Representative 136th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray Holland, who, on oath, deposes and says that he is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvester Local News, which is the official organ of Worth County, on the following date: February 26, 1992. /s/ Ray Holland Representative, 136th District
Page 5981
Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 13, 1992. CATOOSA COUNTYCATOOSA UTILITY DISTRICT AND BOARD OF UTILITIES COMMISSIONERS; ABOLITION; REFERENDUM. No. 912 (House Bill No. 1444). AN ACT To abolish the Catoosa Utility District and the board of utilities commissioners for Catoosa County upon the passage of a resolution by the Board of Commissioners of Catoosa County; to provide for the assets, liabilities, rights of action, contracts, and obligations of the district and the board; to provide for personnel; to provide effective dates; to provide for a referendum; to provide for the repeal of an Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended; to provide effective dates; to provide for when this Act shall be null and void; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . After passage of a resolution by the Board of Commissioners of Catoosa County and effective on or after January 1, 1994, the Catoosa Utility District and the board of utilities commissioners for Catoosa County are abolished. Upon adoption of such resolution, all assets, liabilities, rights of action, contracts, and obligations of the Catoosa Utility District and the
Page 5982
board of utilities commissioners shall become assets, liabilities, rights of action, contracts, and obligations of the Board of Commissioners of Catoosa County and shall be under the jurisdiction, management, and control of the board of commissioners. Prior to January 1, 1994, it shall be the duty of the board of utilities commissioners and the Board of Commissioners of Catoosa County to execute such agreements and to take appropriate and necessary actions to provide for the orderly transfer of assets, liabilities, rights of action, contracts, and obligations as required by this Act. Section 2 . Prior to the passage of a resolution by the Board of Commissioners of Catoosa County which abolishes the Catoosa Utility District and the board of utilities commissioners for Catoosa County, the county commissioners shall have two public hearings to entertain evidence and allegations of mismanagement on the part of the Catoosa Utility District and the board of utilities commissioners for Catoosa County. Thereafter, an independent audit and study of the utility district may be conducted. The audit shall include, but shall not be limited to, a certified financial audit and an engineering study. The audit and study must show mismanagement on the part of the present utility district and its commissioners and the feasibility of having the county governing authority take over such duties; provided, however, that it shall not be necessary for mismanagement to be shown in order for the board of commissioners to take over the duties of the utility district and the board of utilities commissioners. It is the intent of this Act that if the utility district and the board of utilities commissioners for Catoosa County are abolished that the personnel employed by the board of utilities commissioners for Catoosa County shall be retained by the Board of Commissioners of Catoosa County and that their benefits shall remain the same. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Catoosa County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Catoosa County for approval or rejection. The election superintendent shall conduct that election on November 3, 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
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and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Catoosa County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which empowers the Board of Commissioners of Catoosa County, upon passage of a resolution, to abolish the Catoosa Utility District and the board of utilities commissioners for Catoosa County and transfers the personnel, assets, liabilities, rights of action, contracts, and obligations to the Board of Commissioners of Catoosa County? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Section 2 shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Catoosa County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4 . Upon passage of a resolution by the Board of Commissioners of Catoosa County calling for the abolishment of the Catoosa Utility District and the board of utilities commissioners for Catoosa County, an Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, is repealed in its entirety.
Page 5984
Section 5 . Sections 3 and 6 and this section of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. Section 2 of this Act shall become effective as provided in Section 3 of this Act. Section 1 of this Act shall become effective upon the passage of a resolution of the Board of Commissioners of Catoosa County calling for the abolishment of the Catoosa Utility District and the board of utilities commissioners. Section 6 . If, after January 1, 1995, the Board of Commissioners of Catoosa County has not adopted a resolution calling for the abolishment of the Catoosa Utility District and the board of utilities commissioners of Catoosa County, this Act shall be null and void and shall stand repealed in its entirety. Section 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to abolish the Catoosa Utility District and the board of utilities commissioners for Catoosa County; to provide for the assets, liabilities, rights of action, contracts, and obligations of the district and the board; to provide for personnel; to provide an effective date; to provide for a referendum; to repeal an Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended; and for other purposes. This 21st day of January, 1992. McCracken Poston, Jr. State Representative, District 2. 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
Page 5985
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 29, 1992. /s/ McCracken Poston, Jr. Representative, 2nd District Sworn to and subscribed before me, this 4th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. CITY OF AMERICUSNEW CHARTER. No. 914 (House Bill No. 1630). AN ACT To provide a new charter for the City of Americus; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for a chief administrative officer; to provide for the appointment, qualifications, duties, and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk and treasurer, and other personnel; to provide for a system of personnel administration; to provide for rules and regulations; to provide for a municipal
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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 ordinances; to provide for penalties; to provide for definitions and construction; to provide for a public school system; to provide for a board and superintendent; to provide for election, qualifications, terms, method of filling vacancies, removal, powers, duties, authority, compensation, organization, and procedures of the board; to provide for other matters relative to the foregoing; to provide for severability; 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, POWERS, AND BOUNDARIES Section 1-101 . Incorporation; name. The City of Americus and the inhabitants thereof shall continue to be a body politic and corporate under the name of the City of Americus, hereinafter at times referred to as the city. The city shall be the legal continuation and successor to the mayor and city council of Americus as heretofore incorporated; shall continue to be vested with all of the property and rights of property which now belong to the city; and shall have perpetual succession. Section 1-102 . General powers and construction. (a) The city shall have all the powers, duties, rights, privileges, and immunities vested in the city now or hereafter granted to municipal corporations by the Constitution, by the general laws of the State of Georgia, by this charter, by special laws applicable to the city which are not prior charter amendments and by general laws of local application through classification by population. The city shall exercise and enjoy all powers of self-government not specifically prohibited by the Constitution, the general laws, or this charter, including all powers, functions, rights, privileges, and immunities necessary or desirable to promote or
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protect the safety, health, peace, security, good order, comfort, convenience, and general welfare of the city and of its inhabitants, and all implied powers necessary to carry into execution all powers granted as fully and completely as if these powers were fully enumerated in this charter. In addition, the city may sue and be sued; may contract and be contracted with; may acquire and hold any property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it and from time to time may hold or invest or sell or dispose of any of its property; and may have a common seal and alter it at will. (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. Section 1-103 . Examples of powers. The powers of the city shall include, but shall not be solely 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;
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(4) Building regulation. 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 levy and provide for additional license fees and taxes on privileges, occupations, trades, and professions which receive or may receive special benefits from authorized activities engaged in by the city; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the 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
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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, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to 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, cable television, 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 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 grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer
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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 taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvement; (37) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes; other. 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) 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, 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 1-104 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. Section 1-105 . Sovereign immunity. Nothing in this charter shall be construed or deemed to waive in any manner sovereign immunity under such terms and conditions as may be now or hereafter authorized by the Constitution of the State of Georgia and general state law. Section 1-106 . Corporate boundaries; official map. (a) The boundaries of the city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of the city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the clerk of the city and to be designated, as the case may be: Official Map (or Description)
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of the Corporate Limits of the City of Americus, Georgia. Photographic, typed, or other copies of such map or description certified by the clerk of the city 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. ARTICLE II GOVERNMENTAL STRUCTURE AND ORGANIZATION CHAPTER 1 City Council Section 2-101 . City council creation; number; election. The legislative authority of the government of the city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter. The use of the terms mayor and city council, mayor and council, or city council in this charter, except as otherwise specifically indicated in this charter, shall be deemed to include and refer to the legislative body of the city composed of the mayor and councilmembers then in office. Section 2-102 . City council terms and qualifications for office. (a) The members of the city council, including the mayor, shall serve for terms offour years and until their respective successors are elected and qualified. Notwithstanding the foregoing, the mayor and councilmembers shall be elected to serve for terms of such length as are more specifically provided in Article V, Section 5-102, of this charter. Terms of office for the mayor and members of the city council, as provided in this charter, shall expire upon the adjournment of the last regular council meeting in December of each year or upon December 31 of each year, in the event that there is no December meeting; unless the respective successors in office have not been duly elected and qualified.
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(b) To be eligible for election or appointment as mayor, a person at the time of election or appointment must have attained the age of 25 years, be a citizen of the United States of America, and shall have resided in the city not less than one year immediately preceding the date of election or appointment, shall be a qualified elector of the city, and shall meet any other requirements as may be established by general state law. (c) To be eligible for election or appointment as a councilmember, a person at the time of election or appointment must have attained the age of 21 years, shall have resided in the city not less than one year immediately preceding the date of election or appointment, shall reside in the district such person seeks to represent at the time of qualifying, shall be a qualified elector of the city, and shall meet any other requirements as may be established by general state law. Section 2-103 . Vacancy; filling of vacancies. (a) Vacancies - The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) Filling of vacancies - 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 2-104 . Compensation and expenses. The mayor and councilmembers shall receive, as compensation for their services, an amount fixed by ordinance as provided by general law. In addition, the councilmembers shall receive their reasonable and necessary expenses incurred in the performance of their official duties in the manner provided by ordinance. Section 2-105 . Holding other office; voting when personally interested. (a) Conflict of interest - No elected official, appointed officer or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official
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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) Represent other private interests in any action or proceeding against this city or any portion of its government; or (5) 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) Disclosure - Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor and 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) Use of public property - No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in connection with policies promulgated by the city council or the governing body of such agency or entity. (d) Contracts voidable and rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Ineligibility of elected official - Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which he was elected. (f) 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 subject to removal in accordance with Article V, Chapter 2 of this charter. (2) Any officer or employee of the city who shall be removed from his office or position as described in paragraph (1) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. Section 2-106 . 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 or subpoena issued in exercise of these powers by the city council may be held in contempt of council by a majority vote of all councilmembers and punished as provided in this charter for
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contempt of the municipal court. Appeal to the Superior Court of Sumter County from a council contempt conviction is allowed under the same procedure as is allowed for the appeal of any conviction in the municipal court. Section 2-107 . 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 as it now exists or as it may hereafter be amended. Section 2-108 . Eminent domain. The city council is empowered to acquire, construct, operate, and maintain public ways, parks, parking facilities, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment plants, 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 of the city, and to regulate the use thereof, and for such purposes, property may be condemned under the procedures established under general law applicable now or as provided in the future. Section 2-109 . Independent audit. The city council shall provide for an independent annual audit of all city accounts and may provide for more frequent or continuing audits as it deems necessary. Audits shall be made by a certified public accountant or firm of certified public accountants who have no personal interest either directly or indirectly, in the fiscal affairs of the city government. The council may, with or without requiring competitive bids, designate the accountant or firm annually or for a period not exceeding five years, provided that the designation for any particular fiscal year shall be made no later than 30 days after the beginning of the fiscal year. The council may also provide for special independent audits of any office, department, board, commission, or other agency of the city where it deems such to be in the best interest of the city. CHAPTER 2 Council Organization and Procedures
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Section 2-201 . Organizational meetings. (a) The newly elected or reelected mayor and councilmembers shall take office and meet for organizational and swearing-in ceremonies immediately following the adjournment of the regular December council meeting following their elections. (b) Such organizational meetings shall be called to order by the city clerk and the oath of office shall be administered to the newly elected or reelected members by the judge of the municipal court as follows: I do solemnly swear or 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. (c) At this meeting, the newly organized council shall make any appointments and selections as may be required by this charter or by ordinance of the city. Section 2-202 . Rules of procedure; quorum; journal. (a) The city council, at any regular or special meeting called for that purpose, by a majority vote, may adopt any rules of procedure and order of business or amendments thereto that are consistent with this charter. (b) The mayor and three members of council or, in the absence of the mayor, four members of council shall constitute a quorum for the transaction of business. (c) All questions shall be put by the presiding officer. The members shall vote by voice with a majority of the members present and voting determining all questions unless otherwise provided. The city council may by ordinance prescribe procedures to govern the manner of introduction and passage of ordinances and resolutions. (d) The mayor shall have the right to vote on all questions that come before the body, unless he is otherwise disqualified.
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(e) A journal of minutes shall be maintained and every official action of the council shall be recorded therein. The journal shall be a public record. (f) The city council may by ordinary adopt such other general rules of procedure for the conduct of its meetings, or any amendments thereto, which are consistent with this charter. Section 2-203 . Meetings - regular; special; emergency. (a) The city council may fix the date and time of regular meetings in the council rules of procedure, but there shall be at least one regular meeting each month. (b) Special meetings of the city council may be held on call of the mayor or on call of a majority of all members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to the mayor and council regarding a special meeting shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor and a councilmember or members in writing before or after such a meeting, and attendance at the special meeting shall also constitute a waiver of notice on any business stated 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. (d) 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 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
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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. 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 may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. CHAPTER 3 Additional Rules of Procedure Section 2-301 . Establishment of committees and appointment of members and chairmen thereof. (a) The mayor and city council may provide for the appointment of such committees as they may deem necessary or desirable, including any standing committees or special committees. (b) All committees and committee chairmen shall be appointed by the mayor and serve at his pleasure. The mayor shall have the power to appoint new members to any committee at any time. Section 2-302 . The ordinance form; procedures. (a) Every proposed ordinance shall be introduced in writing and be in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be BE IT ORDAINED, by the mayor and city council of Americus, and it is hereby ordained by authority of the same..... 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 mayor and city council. Ordinances shall be considered and adopted or rejected by the mayor and city council in accord with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced unless all councilmembers present give their unanimous consent thereto or unless such ordinance is an emergency ordinance provided
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for in this charter. The mayor and city council shall also establish by rule such other procedures as it may deem necessary or expedient with respect to proposed ordinances, their consideration, and the procedure for reading such ordinances at the meeting at which it is introduced. (c) Upon the introduction of any ordinance, the clerk shall as soon as practicable 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 such other public places as the city council may designate. Section 2-303 . Action requiring an ordinance. Acts of the mayor and city council which have the force and effect of law shall be enacted by ordinance. Section 2-304 . Codes of technical regulations. (a) The mayor and city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2-302 (c) 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 other provisions 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 set by the mayor and city council. Section 2-305 . Signing; authenticating; recording; codification; printing. (a) The mayor shall sign and the clerk shall authenticate and attest by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted
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by the city council by ordinance and shall be published promptly together with all amendments thereto and such codes of technical regulations and other rules and regulations as the mayor and city council may specify. This compilation shall be known and cited officially as The Code of Ordinances of the City of Americus, 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 mayor and 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 mayor and 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 mayor and city council shall make such further arrangements as deemed desirable for reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. ARTICLE III Administration CHAPTER 1 Chief Administrative Officer Section 3-101 . Appointment; qualifications; compensation. The city council shall have the right, power, and authority to employ and to appoint in their discretion an officer whose title shall be chief administrative officer. The chief administrative officer shall be appointed solely on the basis of executive and administrative qualifications. The chief administrative officer shall hold at least a bachelor's degree in public or business administration or a related field and shall have at least three years' experience in public administration or a related field. Such person need not be a resident of the city or state at the time of appointment but shall reside in the city while in office.
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Section 3-102 . Duties and responsibilities. The chief administrative officer shall have the following powers, duties, and responsibilities to: (1) Serve as director of the Department of Administration; (2) Advise and assist the mayor and city council in the performance of designated duties; (3) Supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (4) Serve as a liaison between the mayor and city council and the departments of the city government; (5) Attend all city council meetings and such other meetings of that body or any committee of that body as directed and shall have the right to take part in discussion, but he may not vote; (6) Carry out the written directives of the mayor and city council; provided, however, that the city council shall not be authorized to delegate to the chief administrative officer any of the powers or duties conferred upon the city council by charter or by ordinance; (7) Prepare and submit the annual operating budget and capital budget to the mayor and city council; (8) 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; (9) 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;
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(10) 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 (11) Perform any other duties as shall be required by the mayor or city council. Section 3-103 . Council interference with supervision. Except for the purpose of inquiries and investigations under the provisions of this charter or pursuant to ordinances enacted thereby, or pursuant to other good cause shown, neither the mayor and city council nor its individual members shall supervise or attempt to supervise city officers and employees who are subject to the direction and supervision of the chief administrative officer. CHAPTER 2 City Clerk and Treasurer Section 3-201 . Appointment and qualification. The city council shall appoint a city clerk and treasurer who shall not be a councilmember. The city clerk and treasurer shall be the custodian of the official city seal; shall maintain records of the city council required by this charter or by ordinance; and perform such other duties as may be required by the city council. In addition thereto, the city clerk and treasurer shall 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 shall enforce all laws of Georgia relating to the collection of delinquent taxes and sale and foreclosure for nonpayment of taxes to the city. The city clerk and treasurer shall also be responsible for carrying out the general duties of a treasurer and fiscal officer and shall perform such other duties as provided by ordinance. CHAPTER 3 City Attorney Section 3-301 . Appointment and qualifications. The city council shall appoint a city attorney, together with such assistant city attorneys, as may be authorized by the mayor and
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city council, 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; the city attorney may be the prosecuting officer in the municipal court; the city attorney shall attend all regular meetings of the mayor and city council and such other meetings of that body or any committees of that body as directed; the city attorney shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; the city attorney shall perform such other duties as may be required of such person by virtue of the position as city attorney or by virtue of the ordinances and resolutions of the city council. CHAPTER 4 City Organization Section 3-401 . 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 department head for each department of the city who shall be its principal officer. Each department head shall, subject to the direction and supervision of the chief administrative officer, be responsible for the administration and direction of the affairs and operations of his department. (e) All department heads shall be appointed by a majority vote of the city council. All department heads shall be appointed
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on an annual basis and shall take office on January 1 of each calendar year. Each department head shall serve at the pleasure of the city council. Section 3-402 . Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasijudicial, or quasi-legislative function the city council deems necessary and shall by ordinance further 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 reasonable 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 in this charter for appointment, except as otherwise provided by this charter or by the ordinance establishing the board, commission, or authority. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the city clerk an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of two-thirds of the members of the city council.
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(h) Except as otherwise provided by this charter, by general law, or by ordinance creating each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city may establish such bylaws, rules, and regulations, not inconsistent with this charter, 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. (i) Any boards, commissions, and authorities previously established prior to the effective date of this charter shall continue to exist in the same manner, and under the same rules, regulations, and bylaws as they existed prior to the date of approval of this charter, subject to the authority of the mayor and city council to amend, modify, or dissolve such existing boards, committees, and authorities as authorized in this charter. Notwithstanding the foregoing, the Efficiency Economy Commission (Ga. L. 1889, p. 961), the Bond Commission (Ga. L. 1923, p. 419), the Debt Commission (Ga. L. 1923, p. 419), and the City-County Planning Commission (Ga. L. 1956, p. 2658) shall cease to exist on the effective date of this charter. The powers, duties, and obligations of any commissions dissolved by this charter shall be assumed by the city as of said date, but nothing in this charter shall prevent the city council from reestablishing such commissions under such terms and conditions as it may deem proper, in the same manner as boards, commissions, and authorities may otherwise be established under this charter. The daily operations now required of such commissions may be transferred to a city department by ordinance as of the effective date of this charter. CHAPTER 5 Personnel Administration Section 3-501 . Position classification and pay plans. The city council shall be responsible for the preparation of a position classification and pay plan. Such plan may apply to all employees of the city, and any of its agencies, departments, boards, commissions, or authorities where made applicable by
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the city council. 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. Any such position classification and pay plan in existence on the effective date of this charter shall continue in full force and effect until amended by the city council as provided in this charter. Section 3-502 . 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. Section 3-503 . Pensions, retirement, and Social Security. (a) The provisions of any pension, retirement, and Social Security system, with any amendments thereto, as now or hereafter enacted, which benefit the present, former, or future employees of the city shall continue in full force and effect upon the effective date of this charter. (b) The adoption of this charter shall not be construed to deny or repeal any rights or benefits which have accrued and
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vested under the provisions of any pension, retirement, or Social Security plan benefiting city employees. Section 3-504 . Prohibited activities. (a) All city employees may exercise their constitutional right of freedom of association, including, but not limited to, civic and social organizations, except that no city employees shall become or remain a member of any organization which exercises the right to demand of any of its members obedience to an order to strike or engage in a work stoppage or slowdown for any cause. (b) If any city employee participates in any strike, work stoppage, or slowdown, or otherwise violates the provisions of this section, such person may be subject to discharge from employment with the city. ARTICLE IV Judicial Branch CHAPTER 1 Municipal Court Section 4-101 . Municipal court creation; name. There shall be a court to be known as the Municipal Court of the City of Americus. Section 4-102 . Judge of municipal court. (a) 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 judge or judges shall be provided by this charter. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall have been engaged in the practice of law for at least two years prior to the date of appointment. All judges shall be appointed by the city council annually for a term beginning on January 1 of each year. Such judge or judges may be appointed to succeed themselves in the discretion of the mayor and city council.
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(c) The compensation of the judge or judges shall be fixed by ordinance. (d) Any judge or judges shall serve at the pleasure of the city council and may be removed by a majority vote of the members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council as provided in this charter. Section 4-103 . Convening. The municipal court shall be convened at regular intervals as may be established by order of the chief judge thereof. Section 4-104 . Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 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 operation and the city 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 recognizes to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations.
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Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (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. (j) Wherever, upon the trial of any case in the municipal court, it is determined by the judge that any pistol, shotgun, rifle, or other firearm has been used by the owner thereof, or
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with the owner's consent, illegally, and that the firearm is not needed as evidence in any other court, the judge is authorized and empowered, in his or her sole discretion, either to order the firearm impounded for a definite or indefinite time, as he or she may prescribe, or to adjudge the firearm to be a nuisance and to condemn it as such, as being opposed to the peace, good order, and safety of the city and its citizens. All firearms which are ordered impounded by the judge shall be held in safekeeping by the city police department to await the further order of the judge. In all cases in which firearms are condemned by the judge, the judge is authorized to dispose of the firearms in any manner authorized by ordinance. (k) Whenever, upon the trial of any case in the municipal court, it is determined by the judge that moneys or other things of value have been used, or were intended to be used, for illegal gambling purposes, then the judge of municipal court shall have the power and authority, and it shall be the judge's duty, to forfeit such moneys or things of value as being used contrary to the peace, order, and good morals of the city and shall order the same to be vested in the city, and such shall be paid to the treasurer of the city by the chief of police to be placed in the general fund of the city. (l) A judge of the municipal court shall have the power and authority to revoke or suspend any privileged license as provided in the license and tax ordinance of the city, whenever, upon the trial of any case in the municipal court, it is determined by the judge of the court that a violation of any regulation or ordinance of the city has occurred. Section 4-105 . 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 Sumter County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4-106 . 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
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administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings. ARTICLE V Elections and Removal CHAPTER 1 Conduct of Elections Section 5-101 . Application of general laws. All municipal general or special elections or referendums and primaries shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5-102 . Regular elections; time for holding. Regular elections for the mayor and members of the council shall be held on the Tuesday following the first Monday in November, in accordance with the following provisions: (1) The mayor and councilmembers from Council Posts 3, 4, and 5 shall be elected on the Tuesday following the first Monday in November, 1993, for four-year terms and on the same date quadrennially thereafter. (2) Councilmembers from Council Posts 1, 2, and 6 shall be elected on the Tuesday following the first Monday in November, 1995, for four-year terms and on the same date quadrennially thereafter. (3) Unless otherwise provided by general law, the mayor and members of the city council elected prior to the effective date of this charter shall continue to serve until expiration of their terms or until their successors are elected and qualified. Section 5-103 . First elections under this charter. (a) The first municipal election under this charter shall be as
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provided in Section 5-102(1) above, at which the mayor and councilmembers from Council Posts 3, 4, and 5 will be elected as provided in this charter. Those offices are currently held as follows: Mayor: Tom Gailey Post 3: Paul Mercer Post 4: Leonard Waitsman Post 5: Tim Lawson (b) The next municipal election shall be as provided in Section 5-102(2) above, at which councilmembers from Council Posts 1, 2, and 6 will be elected. The city councilmembers presently holding such posts are listed as follows: Post 1: Albert Cooper Post 2: Lewis Lowe Post 6: Rusty Reddish Section 5-104 . 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 six months of the expiration of the term of that office, said office shall remain vacant for the remainder of the term. In all other respects, a special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5-105 . Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designation.
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Section 5-106 . Election by a majority. The person receiving a majority of the votes cast for any city office shall be elected. Section 5-107 . District and at-large election. (a) The city council shall establish by ordinance council districts (posts) and at-large posts so as to ensure, as far as practicable, proportionate representation. The districts (posts) in effect at the time of approval of this charter, including the numerical designation and the boundaries thereof, shall continue in full force and effect until otherwise amended or changed by ordinance adopted pursuant to this charter. The council may by ordinance provide for the redrawing of the districts to reflect lawful adjustments in the districts. (b) Until such times as the boundaries of election districts are altered as provided in subsection (a) of this section, residents of annexed territories shall be deemed to be residents of the election district closest to which they reside for purposes of city elections. Section 5-108 . Designation of post by candidate. All persons giving notice of candidacy for a city council seat shall designate the post being sought. Section 5-109 . Other provisions. Except as otherwise provided in this charter, the city council shall, by ordinance, prescribe such ordinance, rules, and regulations as it deems appropriate to fulfill any options, duties, or responsibilities under Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. CHAPTER 2 Removal from Office Section 5-201 . Occurrence of vacancies. A vacancy in the office of mayor or councilmember occurs when a duly elected person fails to qualify, or when a person who has been duly elected and qualified either dies, resigns, becomes permanently disabled, or is removed from office as provided in this charter.
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Section 5-202 . Removal of mayor and councilmembers for cause. (a) The mayor or any councilmember shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction in a court of competent jurisdiction or the entering of a plea of guilty or a plea of nolo contendere to a crime involving moral turpitude or a felony; (3) Failure at any time to possess all of the qualifications of office as provided by this charter or by law; (4) Abandonment of office or neglect to perform the duties thereof; or (5) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of a mayor or any councilmember pursuant to subsection (a) of this section shall be accomplished by the vote of five councilmembers, or four councilmembers plus the mayor, after an investigative hearing. In the event an elected official 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 official sought to be removed from such office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Sumter County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. ARTICLE VI Finance CHAPTER 1 Property Taxes
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Section 6-101 . Property tax. The city council may assess by ordinance, 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 6-102 . 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. CHAPTER 2 Occupation Taxes and Business License Fees Section 6-201 . Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as otherwise provided in this charter. The city council may by ordinance also levy and provide for additional occupation and business taxes to be levied upon such individuals and corporations which receive or may receive special benefits from authorized activities engaged in by the city. Section 6-202 . License or permit fees. The city council by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to obtain a license or permit for such activity from the city and
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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 regulation. Such fees may reflect the total cost to the city of regulating the activity or such other elements as the city may deem proper and, if unpaid, shall be collected as provided in 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 6-203 . 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 20 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 6-204 . 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 otherwise provided in this charter. Section 6-205 . Special assessments; impact fees. (a) 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, parking lot or facility, curbing, gutter, 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 in accord with the other provisions of this charter.
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(b) The city council by ordinance shall have the power to assess and collect development fees or impact fees upon such improvements in such manner and amount as the city council may deem necessary or proper in the exercise of its powers. Section 6-206 . Construction; other taxes. The city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. CHAPTER 3 Collection of Delinquent Taxes and Fees Section 6-301 . Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under the terms 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. CHAPTER 4 City Indebtedness Section 6-401 . General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6-402 . 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.
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Section 6-403 . Short-term notes. The city may issue short-term notes as now or hereafter provided by state law. Section 6-404 . Improvement bonds. (a) In order to facilitate the financing of any municipal improvements authorized by law, the city may issue bonds of the city in the aggregate amount of assessments for the improvement then unpaid, which bond or bonds and the interest thereon shall in no event become a liability of the city or the mayor and council issuing them. (b) These bonds shall mature at a date and bear an interest rate as the council may determine by ordinance, but in no event shall the rate of interest exceed that which the assessments are to bear. (c) These bonds shall be signed by the mayor and attested by the city clerk and shall have the impression of the corporate seal of the city thereon and shall be payable at a place designated by ordinance. (d) These bonds shall be designated as improvement bonds, and shall, on the face thereof, recite the nature and location of the improvement for which they have been issued and shall recite that they are payable solely from assessments which have been levied upon the lots and tracts of land abutting upon or being the situs of the improvements. (e) These bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the costs and expense of the improvement for which the bonds were issued, or the bonds, in the amount that shall be necessary for that purpose, may be turned over and delivered to the contractor, in respect to the improvement at par value, in payment of the amount due on the contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for the improvements shall be sold or otherwise disposed of as the council by ordinance shall direct. CHAPTER 5 Fiscal Control
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Section 6-501 . Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. Section 6-502 . Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual budget, which shall include an annual operating budget, a capital improvement program, and a capital budget and may also include requirements as to the scope, content, and form of such budgets and programs of the city. Section 6-503 . Submission of operating budget to city council. On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the chief administrative officer shall submit to the city council a proposed budget for the ensuing fiscal year, which budget shall include both an operating budget and a capital budget. The budget shall be accompanied by a message from the chief administrative officer 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 proposed 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 6-504 . Action by city council on budget. (a) The city council may amend the budget proposed by the chief administrative officer, 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 for all capital improvements required for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final budget for the ensuing fiscal year not later than the thirty-first
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day of December of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. 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 6-502 of this charter. (c) The amount set out in the adopted budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. 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 this charter, or where the funds required for such improvement are otherwise provided for in accord with this charter or applicable state laws. Section 6-505 . Tax levies. The city council shall annually levy by ordinance such taxes as are necessary to fund the budget. 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 budgeted revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. Section 6-506 . Changes in appropriations. The chief administrative officer may submit amendments to the budget to the city council at any time during the fiscal year, accompanied by his recommendations. The city council by ordinance may make changes or amendments in the appropriations contained in the current budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations
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may be made only from an existing unexpended surplus. Any such amendments to the budget shall become effective only upon adoption by ordinance. Section 6-507 . Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. CHAPTER 6 Purchasing and Contracting and Disposition of Property Section 6-601 . Contracting procedures. The city council shall prescribe by ordinance the procedures to be followed in the making of contracts which shall bind the city. All contracts, ordinances, and resolutions which shall make or authorize contracts shall be approved as to form by the city attorney. The mayor shall sign all contracts; provided, however, that the city council may authorize the mayor by ordinance to designate another appropriate official to sign any type of contract. The city clerk shall authenticate all contracts. The original of all contracts shall be maintained on file in the office of the city clerk. Section 6-602 . Contracts binding upon city. In addition to the other provisions of this charter, no contract with the city shall be binding on the city unless; (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the city attorney where practical; and (3) It is made or authorized by the city council and such approval is entered in the journal of minutes of city council proceedings.
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Section 6-603 . Centralized purchasing. The city council shall by ordinance prescribe procedures for all purchases of real and personal property by the city. Section 6-604 . Sale and disposition of property. (a) The city council may sell, lease, transfer, 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 chief administrative officer 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 Public School System Section 7-101 . Public school system authorized and continued. The public school system established pursuant to an Act of the Georgia General Assembly (Ga. L. 1873, Act No. CIX, approved February 13, 1873), as amended, in the City of Americus, Georgia, is authorized and continued and shall be governed, conducted, maintained, supported, and approved for in the manner prescribed in this article.
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Section 7-102 . Powers of board of public education. The Board of Public Education for the City of Americus, hereinafter called board or board of education, is continued in existence and such board's design and purpose shall be the direction, management, and superintendence of the public education of the children of the City of Americus and, under the name and style aforesaid, shall be and is created and continued as a body politic and corporate with perpetual succession for the purposes aforesaid. And as such, said board shall have the full power and authority to devise, establish, and modify from time to time a plan and system of education for the children of the City of Americus and to superintend the same; to appoint, suspend, and remove teachers of said children and other employees of the board as may be required; to provide for schools and school buildings; to make bylaws, rules, and regulations for the board's own government and for the government of the teachers, schools, and other employees under their superintendence; to elect officers of said board and to fill vacancies in any manner caused among the officers of said board and to take, acquire, receive, hold, and enjoy, for the purposes aforesaid, moneys and real and personal property by bargain and sale, gift, grant, contract, devise, or bequest; said board shall also have the general supervision and management of the city schools. Said board also shall elect a superintendent for such term or terms as it may deem proper, who shall have such powers as may be delegated to him by the board or its authority or by general state law. As such body corporate, and by the name and style aforesaid, said board may sue and be sued, provided that said board shall continue to enjoy sovereign immunity under such terms and conditions as may now or hereafter be authorized by the Constitution of the State of Georgia and general state law, may have a common seal, and otherwise generally shall be clothed of all the rights, powers, and privileges incident to corporations, and necessary or convenient for carrying out the purposes of its creation and shall, notwithstanding any other provision of this charter, have such powers, privileges, and immunities as are now or hereafter may be enjoyed by county boards of education unless otherwise prohibited by the Constitution or general law. Section 7-103 . Board of education; current members; election; qualifications. (a) From and after the effective date of this charter, the school board shall consist of nine members,
Page 6028
eight of whom shall be appointed by the governing body of the city and one of whom shall be the mayor or a member of the city council appointed by the mayor as hereinafter provided. All members, appointed as provided in this section, shall function as the Board of Public Education for the City of Americus. (b) As of July 1, 1992, the eight members of the board other than the mayor shall be appointed by the governing body as follows: two members shall be appointed for one-year terms; two members shall be appointed for two-year terms; two members shall be appointed for three-year terms; and two members shall be appointed for four-year terms. At the conclusion of the first year, all subsequent appointments shall be for four-year terms or until the respective board members' successors are appointed and qualified, and at least two members shall be appointed annually. Members of the school board as of June 30, 1992, shall be eligible for appointment to the board for service thereon on or after said date. (c) Notwithstanding any statute to the contrary, the mayor or his designee on the city council shall serve on the board for a one-year term which shall begin on July 1 of each year and expire as of June 30 of each year or at such time as such board member's successor is appointed and qualified. Such member shall be a full member of the board and shall be entitled to all of the rights and privileges of a full board member. (d) To be eligible for appointment as a member of the board of education, a person at the time of such appointment shall have attained the age of 21 years, shall have resided in the city for at least 24 months immediately preceding the date of such appointment, shall be a qualified elector of the city, and shall meet any other requirements as may be established by general state law or city ordinance. (e) All vacancies that may hereafter occur in the membership of said board of education shall be filled by appointment by the mayor and city council of Americus at any regular meeting thereof after said vacancy shall occur, and the term of service of such member thus elected shall be for the unexpired term of the member creating such vacancy.
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Section 7-104 . Organization of board; bond of treasurer; disbursement of funds. The board shall organize by annually electing from their number a chairman, a vice chairman, a finance chairman, and such other offices as are determined to be necessary or as may be required by the board's bylaws. Such officers may succeed themselves. The board of education shall also appoint a secretary-treasurer who shall keep a record of all acts of the board, which records shall be open to the inspection of all citizens of the city in accord with general state law. The board shall have the authority in its discretion to appoint the superintendent as secretary-treasurer. The secretary-treasurer shall give bond for the safekeeping and the disbursement of the funds placed in his charge as said board may determine, the amount of said bond and the sufficiency of the security to be judged by the board. Said bond shall be made payable to the board of education, and said board is authorized to sue and recover for any breach thereof. Section 7-105 . Quorum; rules of procedure. (a) A majority of said board shall constitute a quorum for the transaction of business and the board shall comply with all open meetings requirements of the Georgia Constitution and Georgia statutes as now or hereafter enacted or amended. (b) The board shall establish rules of procedure for the conducting of its meetings and shall adopt those parliamentary rules and regulations properly known as Roberts' Rules of Order to govern the meetings of the board. Section 7-106 . Funds. (a) The funds necessary for the operation of and capital improvements to the system of schools provided for in this section shall be raised as follows: the board of education of said city shall, on an annual basis, make an estimate of the funds necessary to be raised for that school year for the support of the public schools, and submit this estimate to the mayor and city council for approval. Upon approval by the mayor and city council, it shall be the duty of the mayor and city council to provide the approved amount from property taxes for the current year or from such other source or sources of revenue available for said educational purposes. The net amount appropriated by the provision shall be turned over to the treasurer of said school board for the support of the schools and to
Page 6030
enable the school board to carry out such other activities as may be required or authorized by this charter or general law. (b) In order to provide the funds for the support and operation of the schools, the mayor and city council shall have the power and authority to impose and collect the required taxes and are authorized to issue and negotiate the required bonds or otherwise engage the credit and apply the services of the city to raise such revenue for the establishment and maintenance of such public schools as may be established by said board of education and as may be required of them for the purposes of the school board. Section 7-107 . Independent audit. The board or the city council may require an independent annual audit of all board accounts and may provide for more frequent or continuing audits as either the board or the city council deem necessary. All such audits shall be in addition to annual audits required by the State Department of Education. Such audits shall be made by a certified public accountant or firm of certified public accountants who have no personal interest, either directly or indirectly, in the fiscal affairs of the board. The board may, with or without requiring competitive bids, designate the accountant or firm annually for a period not exceeding five years, provided that the designation for any particular fiscal year shall be made no later than 30 days after the beginning of the fiscal year. The board may also provide for special independent audits of any area, office, or school operating under the board's authority where it deems such to be in the best interest of the board. Section 7-108 . Exemption of property from county school tax. During any period of time that the public schools are established, organized, and in existence according to the provisions of this charter, the property of the citizens of Americus shall be exempted from any taxation by the authorities of Sumter County which is imposed for the purpose of establishing and maintaining public schools in Sumter County, outside of said city. Section 7-109 . Report to state board of education. The board of education shall prepare and furnish to the property
Page 6031
party or parties all reports required by the laws of Georgia or the State Department of Education. Section 7-110 . Receipt of funds by the board. The board of education is authorized to receive funds or other property from any source or sources and to use the same for educational or other purposes as may be authorized by this charter or general law. Section 7-111 . Compensation of board members. Members of the board of education shall receive such compensation, if any, as may be determined by the mayor and city council of Americus. Section 7-112 . Obligations of board. Nothing in this charter shall be deemed to cancel, modify, or rescind any lawful liabilities, obligations, or contracts of the board incurred or entered into prior to the effective date of this charter. ARTICLE VIII GENERAL PROVISIONS Section 8-101 . Ordinances and regulations. Existing ordinances, resolutions, rules, and regulations of the city and its agencies now in effect not inconsistent with the provisions of this charter shall remain effective until they have been repealed, modified, or amended. Section 8-102 . Contracts and obligations; proceedings and compensation. (a) All contracts, orders, leases, bonds, and other obligations or instruments entered into by the mayor and city council of Americus or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the city. (b) No action or proceeding of any nature, whether civil or criminal, judicial or administrative, or otherwise, pending at the effective date of this charter by or against the city or its departments and agencies shall be abated or otherwise affected by the adoption of this charter.
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(c) The departmental organization of the city existing immediately prior to adoption of this charter shall continue in effect upon the effective date of this charter until such organization is changed or reorganized as provided by ordinance and is authorized by this charter. Section 8-103 . Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such security 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 otherwise be provided by law. Section 8-104 . Action of governing body. For the purpose of all laws requiring action by the governing body of the City of Americus, such action shall be accomplished by ordinance or resolution unless specifically provided otherwise by the particular law involved. Section 8-105 . Captions. (a) The captions of the several sections of this charter are informative only and are not to be considered as a part of this charter. (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 8-106 . 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 be enacted separately and independently of each other. Section 8-107 . Effective date. This charter shall become effective on the first day of July, 1992.
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Section 8-108 . Specific repealer. An Act incorporating the City of Americus in the County of Sumter approved November 11, 1889 (Ga. L. 1889, p. 961), as amended, is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are repealed unless specifically provided in this charter. Section 8-109 . General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to the request of the Mayor and City Council of Americus, notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide for a new charter for the City of Americus; to repeal a certain Act; and for other purposes. This 30th day of January, 1992. 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: February 1, 1992. /s/ Jimmy Skipper Representative, 116th District
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Sworn to and subscribed before me, this 11th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. DEKALB COUNTYBOARD OF EDUCATION; DISTRICTS. No. 915 (House Bill No. 1673). AN ACT To amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3797), so as to provide for new reapportioned districts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3797), is amended by striking Section 1 in its entirety and inserting in lieu thereof the following: Section 1. There is created in DeKalb County a board of education of seven members, and for the purpose of electing said members, there shall be seven school board districts as follows:
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School Board District: 1 DEKALB COUNTY VTD: 0002 ASHFORD DUNWOODY VTD: 0005 AUSTIN VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0037 DUNWOODY VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0057 HUNTLEY HILLS VTD: 0064 KINGSLEY VTD: 0087 MONTREAL (Part) Tract: 0217.04 Block(s): 901, 902, 912, 913, 914, 915 Tract: 0218.10 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK VTD: 0093 NORTHWOODS VTD: 0095 OAKCLIFF VTD: 0099 PEACHTREE VTD: 00AD PLEASANTDALE VTD: 00AK REHOBOTH (Part) Tract: 0217.04 Block(s): 207B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 903, 904, 905, 906, 907, 908, 909, 910, 911, 916, 917, 918 VTD: 00AW SHALLOWFORD VTD: 00AY SILVER LAKE VTD: 00BQ VANDERLYN VTD: 00BR VERMACK VTD: 00BU WARREN
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School Board District: 2 DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0014 CALLANWOLDE VTD: 0025 CLAIRMONT HILLS VTD: 0026 CLARKSTON (Part) Tract: 0220.02 Block(s): 205, 206, 207, 208A, 209, 211, 212, 214A, 214B, 214C, 221A, 223, 224, 230, 231, 233, 234, 240, 401A, 403A, 413, 414, 419 VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0034 DRESDEN VTD: 0041 EMORY VTD: 0045 FERNBANK VTD: 0054 HERITAGE VTD: 0060 INGLESIDE (Part) Tract: 0220.02 Block(s): 208B, 208C, 210, 213, 214E, 221B, 401B, 403B, 416, 417, 418, 426 VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON VTD: 0079 MEDLOCK VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL (Part) Tract: 0220.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 109C, 111, 112, 113, 114, 115, 116, 117, 118, 415A, 421, 422, 423 VTD: 0091 NORTH DECATUR VTD: 0092 NORTHLAKE VTD: 0094 OAK GROVE VTD: 00AK REHOBOTH (Part) Tract: 0220.01
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Block(s): 110, 401, 402, 405, 408, 409, 410, 411, 412, 413, 414, 415B, 416, 417, 425 VTD: 00AR SAGAMORE VTD: 00AU SCOTT VTD: 00AV SCOTTDALE (Part) Tract: 0220.01 Block(s): 403, 404, 406, 407, 418, 419, 420, 424, 426, 427, 428, 430, 431, 432 VTD: 00BA SKYLAND VTD: 00BW WESLEY WOODS School Board District: 3 DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0006 AVONDALE ESTATES VTD: 0016 CANDLER VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0018 CASA LINDA VTD: 0031 CROSSROADS VTD: 0039 EASTLAND VTD: 0046 FLAT SHOALS VTD: 0047 FORREST HILLS VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0078 MEADOWVIEW VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0098 PEACHCREST VTD: 00AQ ROWLAND ROAD VTD: 00BC SNAPFINGER VTD: 00BJ TERRY MILL VTD: 00BK TILSON VTD: 00BL TONEY VTD: 00BN TOWERS VTD: 00BT WADSWORTH
Page 6038
School Board District: 4 DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0013 BROCKETT VTD: 0026 CLARKSTON (Part) Tract: 0220.02 Block(s): 201A, 202, 203, 204, 216, 217, 218, 219, 220, 222, 225, 226, 227, 228, 229, 232A, 235, 236, 301, 302, 304A, 305A, 306A, 307A, 405A, 410A, 411A, 415 VTD: 0036 DUNAIRE VTD: 0051 HAMBRICK VTD: 0056 HUGH HOWELL VTD: 0058 IDLEWOOD VTD: 0059 INDIAN CREEK (Part) Tract: 0220.02 Block(s): 214D, 215, 232B, 306B, 307B, 308 Tract: 0220.05 Block(s): 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 320 Tract: 0221. Block(s): 101, 102 VTD: 0060 INGLESIDE (Part) Tract: 0220.02 Block(s): 201B, 402, 404, 412A VTD: 0062 JOLLY VTD: 0069 LAVISTA AND LIVSEY VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 00AC PINE LAKE VTD: 00AM ROCK CHAPEL VTD: 00AN ROWLAND VTD: 00AP ROWLAND HILLS VTD: 00AV SCOTTDALE (Part) Tract: 0220.01 Block(s): 429 Tract: 0220.05 Block(s): 318, 319 Tract: 0221.
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Block(s): 103, 104, 106, 107, 108, 201, 203, 204, 205, 206, 207, 208, 210, 211, 213, 214, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409, 411, 412, 413 VTD: 00AX SILVER HILL VTD: 00BB SMOKE RISE VTD: 00BF STONE MILL VTD: 00BG STONE MOUNTAIN VTD: 00BP TUCKER School Board District: 5 DEKALB COUNTY VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0044 FAIRINGTON VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 00AB PHILLIPS VTD: 00AF RAINBOW VTD: 00AG RAINBOW PARK VTD: 00AH REDAN NORTH VTD: 00AJ REDAN SOUTH VTD: 00AL ROCKBRIDGE VTD: 00AT SALEM VTD: 00BE SPRING HILL VTD: 00BH STONEVIEW VTD: 00BV WESLEY CHAPEL School Board District: 6 DEKALB COUNTY VTD: 0001 ALLGOOD
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VTD: 0002 ASHFORD DUNWOODY VTD: 0003 ASHFORD PARK VTD: 0005 AUSTIN VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0031 CROSSROADS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0037 DUNWOODY VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0056 HUGH HOWELL VTD: 0057 HUNTLEY HILLS VTD: 0058 IDLEWOOD VTD: 0064 KINGSLEY VTD: 0067 LAKESIDE VTD: 0069 LAVISTA AND LIVSEY VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0074 MARGARET HARRIS VTD: 0081 MEMORIAL SOUTH VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK
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VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: 0099 PEACHTREE VTD: 00AC PINE LAKE VTD: 00AD PLEASANTDALE VTD: 00AH REDAN NORTH VTD: 00AJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 402 VTD: 00AK REHOBOTH VTD: 00AL ROCKBRIDGE VTD: 00AM ROCK CHAPEL VTD: 00AQ ROWLAND ROAD VTD: 00AR SAGAMORE VTD: 00AW SHALLOWFORD VTD: 00AX SILVER HILL VTD: 00AY SILVER LAKE VTD: 00BA SKYLAND VTD: 00BB SMOKE RISE VTD: 00BF STONE MILL VTD: 00BG STONE MOUNTAIN VTD: 00BP TUCKER VTD: 00BQ VANDERLYN VTD: 00BR VERMACK VTD: 00BU WARREN School Board District: 7 DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0006 AVONDALE ESTATES VTD: 0007 BOB MATHIS VTD: 0014 CALLANWOLDE VTD: 0015 CANBY VTD: 0016 CANDLER VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0026 CLARKSTON VTD: 0027 CLIFTON
Page 6042
VTD: 0029 COUNTY LINE VTD: 0036 DUNAIRE VTD: 0039 EASTLAND VTD: 0041 EMORY VTD: 0044 FAIRINGTON VTD: 0045 FERNBANK VTD: 0046 FLAT SHOALS VTD: 0047 FORREST HILLS VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0068 LAUREL RIDGE VTD: 0070 LITHONIA VTD: 0076 MCLENDON VTD: 0077 MCWILLIAMS VTD: 0078 MEADOWVIEW VTD: 0079 MEDLOCK VTD: 0080 MEMORIAL NORTH VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0085 MILLER ROAD VTD: 0091 NORTH DECATUR VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 0098 PEACHCREST VTD: 00AB PHILLIPS VTD: 00AF RAINBOW VTD: 00AG RAINBOW PARK VTD: 00AJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 403, 404, 405, 406, 507, 508, 509A Tract: 0233.07 Block(s): 101, 102, 103, 201, 202, 203, 204, 205, 206, 207, 212, 213, 214, 215, 501, 502, 503, 504, 505, 506 Tract: 0233.08 Block(s): 501, 502, 503, 504, 505, 515 VTD: 00AN ROWLAND
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VTD: 00AP ROWLAND HILLS VTD: 00AT SALEM VTD: 00AU SCOTT VTD: 00AV SCOTTDALE VTD: 00BC SNAPFINGER VTD: 00BE SPRING HILL VTD: 00BH STONEVIEW VTD: 00BJ TERRY MILL VTD: 00BK TILSON VTD: 00BL TONEY VTD: 00BN TOWERS VTD: 00BT WADSWORTH VTD: 00BV WESLEY CHAPEL VTD: 00BW WESLEY WOODS For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any school board district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of DeKalb County which is not included in any school board district described in this section shall be included within that school board district contiguous to such part which contains the least population
Page 6044
according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of DeKalb County which is described in this section as being included in a particular school board district shall nevertheless not be included within such school board district if such part is not contiguous to such school board district. Such noncontiguous part shall instead be included within that school board district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of DeKalb County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. Law 1963, p. 3424), as amended, so as to provide for new reapportioned districts; to repeal conflicting laws; and for other purposes. This 3rd day of February, 1992. Honorable Thomas E. Lawrence Representative 49th District
Page 6045
GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Lawrence, who, on oath, deposes and says that he is Representative from the 49th 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 6, 1992. /s/ Tom Lawrence Representative, 49th District Sworn to and subscribed before me, this 12th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 13, 1992. FULTON COUNTYSTATE COURT; MUNICIPAL COURT OF THE CITY OF ATLANTA; COSTS AND FEES. No. 916 (House Bill No. 1712). AN ACT To amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved February 28, 1990 (Ga. L. 1990, p. 3558), so as to revise certain costs and service fees charged by the clerk and marshal of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 6046
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved February 28, 1990 (Ga. L. 1990, p. 3558), is amended by striking in their entirety subsections (a), (b), and (c) of Section 49 and substituting in lieu thereof new subsections (a), (b), and (c) to read as follows: (a) Except as otherwise provided in this Act, the filing cost, including the first judgment and fi. fa., for all suits or proceedings of any character, except garnishment and proceedings against tenant holding over, irrespective of how they shall be terminated, shall be $55.00 plus $8.00 for each defendant more than one. In addition, there shall be a $25.00, per copy, charge for serving copy of process and returning original by the marshal. (b) The filing cost for a garnishment proceeding, irrespective of how it shall be terminated, shall be $55.00 plus $8.00 for each party more than one. There shall be a $13.00 charge for serving summons of garnishment or rule against garnishee, plus $6.00 for serving each copy more than one, including defendant's copy, and returning original by the marshal. The filing cost for a plaintiff's or defendant's traverse to a garnishment proceeding shall be $20.00. The filing cost for each additional summons filed on a regular garnishment shall be $25.00. (c) The filing cost for a proceeding against tenant holding over, except as otherwise provided in this Act or where the writ of possession is executed, shall be $55.00 plus $8.00 for each defendant more than one. In addition, there shall be a $25.00, per copy, charge for serving copy of process and returning original by the marshal. Where it is necessary to apply for, execute, or apply for and execute the writ of possession there shall be a $20.00 charge for the application, execution, or application and execution.
Page 6047
Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 Session of the General Assembly of Georgia a bill to amend an Act establishing a Municipal Court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1976 (Ga. L. 1976, p. 3023), creating a State Court of Fulton County, and for other purposes. This 24th day of January, 1992. ROBERT E. COCHRAN, II Chief Clerk/Court Administrator, State Court of Fulton County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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, 1992. /s/ Jim Martin Representative, 26th District
Page 6048
Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. MORGAN COUNTYBOARD OF EDUCATION; DISTRICTS. No. 919 (House Bill No. 1833). AN ACT To amend an Act providing for the election of members of the Board of Education of Morgan County, approved March 28, 1985 (Ga. L. 1985, p. 4643), so as to change the composition of and reapportion the education districts from which members of the board of education are elected; to provide for the election of members; to provide for definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the election of members of the Board of Education of Morgan County, approved March 28, 1985 (Ga. L. 1985, p. 4643), is amended by striking Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows:
Page 6049
Section 1. (a) The Board of Education of Morgan County shall consist of five members to be elected in accordance with the provisions of this Act. For the purpose of electing such members, the Morgan County School District shall be divided into five education districts as follows: Education District No. 1 MORGAN COUNTY VTD: 0001 MADISON CITY (Part) Tract: 9803. Block(s): 120A, 122A, 123, 124A, 125, 126, 127, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 164A, 165, 166, 209A, 209B, 212A, 212B, 213, 214A, 214B, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 304A, 304B, 305, 307, 311, 318, 319, 320A, 320B, 321A, 321B, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343A, 343B, 344A, 344B, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 367, 368, 369, 370, 371, 407, 408, 422B, 422C, 423, 424, 425, 426, 427B VTD: 0002 BUCKHEAD (Part) Tract: 9803. Block(s): 119, 120B, 122B, 124B, 132B, 133B, 151, 152, 153, 154, 155, 160, 162, 163B, 164B Education District No. 2 MORGAN COUNTY VTD: 0006 DURDEN (Part) Tract: 9802. Block(s): 266, 267, 268, 269, 270, 274, 275, 276, 277, 278, 279, 280, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295 Tract: 9805. Block(s): 114, 115, 116, 117, 118, 119, 120, 123, 124, 195, 196, 197 VTD: 0007 WHITFIELD
Page 6050
Education District No. 3 MORGAN COUNTY VTD: 0008 HARRIS VTD: 0009 FAIRPLAY VTD: 0010 WELLINGTON VTD: 0011 ASKEW Education District No. 4 MORGAN COUNTY VTD: 0001 MADISON CITY (Part) Tract: 9803. Block(s): 128, 129, 130, 131, 132A, 133A, 134, 135, 147, 148, 149, 150, 163A, 365, 366, 388, 389, 390, 391, 392, 393, 394, 395, 401, 402, 403, 404, 405, 406, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420A, 420B, 420C, 421, 422A, 427A, 428A, 428B, 429, 430, 431A, 431B, 432, 433A, 433B, 434, 435, 436A, 436B, 437A, 437B, 438, 439, 440, 441, 442, 443, 444, 445, 446A, 446B, 447, 448, 449A, 449B, 450A, 450B, 451, 452, 453, 454A, 454B, 455A, 455B, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468 VTD: 0004 HARWELL VTD: 0005 SEATS VTD: 0006 DURDEN (Part) Tract: 9805. Block(s): 121, 122, 128, 133 Education District No. 5 MORGAN COUNTY VTD: 0002 BUCKHEAD (Part) Tract: 9803. Block(s): 159, 161 Tract: 9804. Block(s): 101, 102, 103, 104, 105A, 105B, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118, 119A, 119B, 120A, 120B, 121, 122, 123, 124A, 124B, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138,
Page 6051
139, 140, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 161, 162, 163, 164, 165, 183, 189, 190, 191, 192, 193, 194, 195, 196, 197 VTD: 0003 SHEPHERD VTD: 0012 MARTIN (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of the Morgan County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of the Morgan County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous
Page 6052
part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Morgan County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 hereby given that there will be introduced at the regular 1992 Session of the General Assembly of Georgia, a bill to amend, based on the 1990 census, the boundaries of the five (5) districts of the members of the Morgan County Board of Education so as to comply with one (1) person one (1) vote and all other requirements. This 11th day of February, 1992 /s/ FRANK E. STANCIL Representative, 66th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank E. Stancil, who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Madisonian, which is the official organ of Morgan County, on the following date: February 13, 1992.
Page 6053
/s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 20th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. CITY OF FAIRBURNCITY COUNCIL; FRANCHISES; DISTRICTS. No. 925 (House Bill No. 1949). AN ACT To amend an Act establishing a charter for the City of Fairburn, approved August 3, 1925 (Ga. L. 1925, p. 1024), as amended, so as to authorize the city council to grant certain franchises; to provide for districts; to provide for fees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing a charter for the City of Fairburn, approved August 3, 1925 (Ga. L. 1925, p. 1024), as amended, is amended by adding a new section immediately following Section 54, to be designated Section 55, to read as follows: Section 55. The city council of the City of Fairburn is authorized to grant franchises to all persons, firms, and corporations doing business in solid waste collection and disposal, cable television services, and other municipal services in
Page 6054
the City of Fairburn. A franchise may be granted for all areas within the corporate limits of the City of Fairburn or for any portion thereof as may be established by the city council as a special franchise district. A special franchise district may be abolished, merged, modified, or redistricted by the city council by resolution after such district has been established. The city council is empowered to levy a franchise fee on franchised firms. 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 session of the General Assembly of Georgia a bill to amend the Charter of the City of Fairburn, as amended, so as to authorize the City Council to grant franchises to all persons, firms and corporations doing business in solid waste collection and disposal and cable television in the City of Fairburn, providing for all related matters, repealing conflicting laws and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Helen Selman, who, on oath, deposes and says that she is Representative from the 32nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: February 21, 1992. /s/ Helen Selman Representative, 32nd District
Page 6055
Sworn to and subscribed before me, this 28th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. CITY OF WAYCROSSMUNICIPAL COURT; MARIJUANA; FIRST OFFENDER PROBATION. No. 927 (House Bill No. 2017). AN ACT To amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), so as to authorize the judge of the police court to grant first offender probation treatment to persons charged with possession of one ounce or less of marijuana; 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 Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), is amended by adding at the end of Section 59 a new paragraph (14) to read as follows: (14) The city commission, by ordinance, may authorize the judge of the police court of the City of Waycross to grant a conditional discharge for possession of one ounce or less of marijuana as a first offense and for dismissal of charges.
Page 6056
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 1992 session of the General Assembly of Georgia a bill to provide for an Amendment to the Charter of the City of Waycross, Georgia; and for other purposes. This 27th day of February, 1992. /s/ Harry Dixon Representative, 151st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald, which is the official organ of Ware County, on the following date: February 29, 1992. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 4th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992.
Page 6057
WORTH COUNTYSTATE COURT; JUDGE; SALARY. No. 928 (House Bill No. 2025). AN ACT To amend an Act establishing a State Court of Worth County, approved August 8, 1916 (Ga. L. 1916, p. 314), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3840), so as to change the salary of the judge of said court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing a State Court of Worth County, approved August 8, 1916 (Ga. L. 1916, p. 314), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3840), is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The judge of the State Court of Worth County shall receive an annual salary of $16,000.00, payable in equal monthly installments on the first day of each calendar month out of the funds of Worth County. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Worth County, approved August 8, 1916 (Ga. L. 1916, p. 314) as amended; and for other purposes. This 21st day of January, 1992.
Page 6058
Nell Ford, Clerk Board of Commissioners of Worth County Worth County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray Holland, who, on oath, deposes and says that he is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvester Local News, which is the official organ of Worth County, on the following date: January 14, 1992. /s/ Ray Holland Representative, 136th District Sworn to and subscribed before me, this 4th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. CARROLL COUNTYBOARD OF COMMISSIONERS; QUALIFICATIONS. No. 930 (House Bill No. 2033). AN ACT To amend an Act revising and consolidating the laws pertaining to the governing authority of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3549), so as to change the
Page 6059
minimum age for district commissioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act revising and consolidating the laws pertaining to the governing authority of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3549), is amended by striking in its entirety subsection (c) of Section 2 and inserting a new subsection to read as follows: (c) Each district commissioner shall be a citizen of this state, at least 21 years of age, and shall have been a resident of the respective election district for at least one year immediately prior to taking office. Each district commissioner shall be elected by a majority of the electors voting within the respective election district. The chairman shall be elected by a majority of the electors voting from the county at large. Any commissioners who cease to be residents of their respective commissioner districts, or resident of the county in the case of the chairman, during their terms of office shall thereby vacate their seats on the commission. All members of the commission shall be nominated and elected pursuant to the provisions of Title 21 of the O.C.G.A., the `Georgia Election Code,' as now or hereafter amended. Section 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 1992 session of the General Assembly of Georgia a bill to amend an Act revising and consolidating the laws pertaining to the governing authority of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3549); and for other purposes. This 7th day of February, 1992.
Page 6060
/s/ Honorable John Simpson, Representative, 70th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Simpson, who, on oath, deposes and says that he is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times Georgian, which is the official organ of Carroll County, on the following date: February 11, 1992. /s/ John Simpson Representative, 70th District Sworn to and subscribed before me, this 4th day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 13, 1992. CITY OF BLAKELYMUNICIPAL ELECTION DATE; MAYOR AND COUNCIL; TERMS. No. 933 (House Bill No. 2051). AN ACT To amend an Act incorporating the City of Blakely, approved December 18, 1900 (Ga. L. 1900, p. 219), as amended, particularly by an Act approved August 16, 1915 (Ga. L. 1915, p. 506), and an Act approved March 5, 1968 (Ga. L. 1968, p. 2112), so as to change the date of municipal elections; to provide that the mayor and all councilmembers shall be elected in the same
Page 6061
year for terms of two years; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act incorporating the City of Blakely, approved December 18, 1900 (Ga. L. 1900, p. 219), as amended, particularly by an Act approved August 16, 1915 (Ga. L. 1915, p. 506), and an Act approved March 5, 1968 (Ga. L. 1968, p. 2112), is amended by striking in its entirety Section 4 and inserting in lieu thereof the following: Section 4. The mayor and councilmembers shall be elected at a municipal election held on the Tuesday next following the first Monday in November of 1993 and biennially thereafter. The mayor and councilmembers shall take office on the first day of January of the year following their election and shall serve terms of two years and until their successors are duly elected and qualified. The mayor and councilmembers serving on the effective date of this Act shall continue to serve until the expiration of their terms and until their successors are duly elected and qualified. Successors to the mayor and those councilmembers whose terms expire in 1992 shall be elected at the municipal election held at the time of the general election in November, 1992, and shall take office on the first day of January, 1993, for terms of one year and until their successors are duly elected and qualified. All elections shall be held in accordance with Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the `Georgia Municipal Election Code.' Only residents of the City of Blakely shall be eligible to serve as mayor or councilmember. 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 1992 session of the General Assembly of Georgia a bill to
Page 6062
amend an Act incorporating the City of Blakely, approved December 18, 1900 (Ga. L 1900, p 219) as amended, particularly by an Act approved August 16, 1915 (Ga. L. 1915, p. 506), and an Act approved March 5, 1968 (Ga. L. 1968, p. 2112), so as to change the date of municipal elections; to provide that the mayor and all councilmembers shall be elected in the same year for terms of two years; to repeal conflicting laws; and for other purposes. This 21st day of February, 1992. Representative Ralph J. Balkcom Representing 140 District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph J. Balkcom, who, on oath, deposes and says that he is Representative from the 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News, which is the official organ of Early County, on the following date: February 27, 1992. /s/ Ralph J. Balkcom Representative, 140th District Sworn to and subscribed before me, this 5th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992.
Page 6063
LEE COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 934 (House Bill No. 2055). AN ACT To amend an Act creating the board of commissioners of Lee County, approved August 6, 1921 (Ga. L. 1921, p. 517), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4250), so as to provide new commissioner districts; to provide definitions and inclusions; to provide for current members; to provide for the election of successors; to provide for submission of this Act to the United States Attorney General and conditions for automatic repeal; 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 Lee County, approved August 6, 1921 (Ga. L. 1921, p. 517), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4250), is amended by striking in their entireties subsections (b), (c), and (d) of Section 1 and inserting in lieu thereof the following: (b) For the purpose of electing members of the board of commissioners, Lee County is divided into five commissioner districts composed of the following territory: Commissioner District: 1 LEE COUNTY VTD: 0001 CHOKEE (Part) Tract: 0201. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261,
Page 6064
262, 263, 264, 265, 266, 267, 268, 271, 272, 275, 277 VTD: 0003 LEESBURG (Part) Tract: 0202. Block(s): 160, 162, 163, 192, 194, 195, 196 Tract: 0203. Block(s): 402, 403, 404, 405, 416, 417, 428, 429 VTD: 0006 SMITHSVILLE (Part) Tract: 0202. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115A, 115B, 116A, 116B, 117A, 117B, 118, 119, 120, 121, 122, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132A, 132B, 133, 134, 135, 136, 137, 138, 139A, 139B, 140A, 140B, 141, 142, 143, 144, 145, 146, 147A, 147B, 148A, 148B, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 161, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 193, 197 Tract: 0203. Block(s): 401 Commissioner District: 2 LEE COUNTY VTD: 0001 CHOKEE (Part) Tract: 0201. Block(s): 248, 249, 269, 270 Tract: 0203. Block(s): 438 VTD: 0003 LEESBURG (Part) Tract: 0203. Block(s): 202, 203, 204, 205, 211, 413, 414, 418, 419, 420, 421A, 421B, 422, 423, 424, 425, 426, 427, 430, 431A, 431B, 432, 433, 434A, 434B, 435, 436, 437, 439A, 439B, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444A, 444B, 445A, 445B, 446A, 446B, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475A, 475B, 476A, 476B, 477A, 478, 479, 480, 485A,
Page 6065
485B, 486, 487, 490, 491, 493, 494, 495, 496, 497, 501, 502, 503, 504, 505A, 506, 507A, 508, 514, 516, 517, 518, 519, 520, 521, 522, 523, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 548, 549 VTD: 0004 CENTURY (Part) Tract: 0203. Block(s): 477B, 481, 482, 483, 484, 507B, 509, 510, 538, 539, 543 VTD: 0005 PALMYRA (Part) Tract: 0203. Block(s): 208, 209, 210, 212, 213, 214, 215, 218, 219, 304, 305, 306 VTD: 0006 SMITHSVILLE (Part) Tract: 0203. Block(s): 406, 407, 408, 409, 410, 411, 412, 415, 488, 489, 492 Commissioner District: 3 LEE COUNTY VTD: 0005 PALMYRA (Part) Tract: 0203. Block(s): 120, 121, 122, 143, 144, 145, 146, 148, 149, 150, 301, 302, 303, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348 Commissioner District: 4 LEE COUNTY VTD: 0004 CENTURY (Part) Tract: 0203. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 115, 116, 117, 118, 119, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 147, 151, 152, 153, 154, 155, 156, 157, 505B, 511A, 512, 513, 525, 526, 527, 540, 541, 542, 544, 545, 546, 547 VTD: 0005 PALMYRA (Part)
Page 6066
Tract: 0203. Block(s): 114, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 201, 206, 207, 216, 217, 511B, 515 Commissioner District: 5 LEE COUNTY VTD: 0002 REDBONE (c) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Lee County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Lee County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within
Page 6067
such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (d) The members of the board of commissioners who are in office on the effective date of this Act shall continue in office for the remainder of the terms in which they are serving on such date, unless otherwise removed from office as provided by law, and shall serve the commissioner district created by this Act which corresponds in number to the commissioner district which they served prior to the effective date of this Act. Thereafter, commissioners shall be elected at the general election in the year preceding the expiration of the terms of office and shall take office on January 1 of the year following their election to serve terms of four years and until their successors are duly elected and qualified. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given pursuant to O.C.G.A. Section 28-1-14 that legislation will be introduced at the 1992 Session of the General Assembly of Georgia to amend an Act creating the Board of Commissioners of Lee County (Ga. L. 1921, P. 517) as amended particularly by an Act approved March 6, 1945 (Ga. L. 1945, P. 923) to provide for commissioner districts, to repeal conflicting laws and for other purposes. Board of Commissioners of Lee County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st
Page 6068
District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lee County Ledger, which is the official organ of Lee County, on the following date: January 23, 1992. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 6th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. RICHMOND COUNTYOFFICIALS; COMPENSATION. No. 935 (House Bill No. 2070). AN ACT To amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4113), so as to change the compensation of certain officials; to provide for the payment of such compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4113), is amended by
Page 6069
striking in its entirety Section 1 thereof and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The following officials of Richmond County, Georgia, shall receive an annual salary, payable from the funds of Richmond County, Georgia, as follows: (1) Clerk of superior court and state court $ 52,300.00 (2) Judge of the probate court 40,071.00 (3) Tax commissioner 58,600.00 (4) Judge of the state court 62,004.00 (5) Solicitor of the state court 32,000.00 (6) Coroner 30,000.00 (7) Judge of the civil court 51,267.00 (8) Associate judge of the civil court 51,852.00 (9) Chairman of the board of commissioners 10,600.00 (10) Member of the board of commissioners 8,200.00 (11) District attorney 14,904.00 (12) Judge of the superior court 17,981.00 (13) Sheriff 59,000.00 (b) The compensation provided for in subsection (a) of this section shall be paid in equal monthly installments. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE is hereby given that there will be introduced at the regular 1992 Session of the General Assembly of Georgia an Act to establish the compensation for certain elected officials of Richmond County, Georgia, and certain elected officials of the State of Georgia, whose salaries are supplemented by Richmond County, Georgia; to prohibit certain practices by certain officials;
Page 6070
to provide an effective date, to repeal conflicting laws; and for other purposes. This 15th day of January, 1992. ROBERT C. DANIEL, JR. Attorney for Richmond County, Georgia 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 23, 1992. /s/ Mike Padgett Representative, 86th District Sworn to and subscribed before me, this 5th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992.
Page 6071
DOOLY COUNTYBOARD OF EDUCATION; DISTRICTS; ELECTIONS. No. 936 (House Bill No. 2078). AN ACT To amend an Act establishing the membership of the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as amended by an Act approved April 9, 1981 (Ga. L. 1981, p. 4463), so as to provide new education districts for the election of members of the board; to provide for definitions and inclusions; to provide that current members of the board shall serve for terms consistent with and from districts provided in the order of the United States District Court for the Middle District of Georgia in Civil Action No. 86-95-ALBAMER; to provide for related matters; to provide for the election of successors to the current members of the board; to provide for submission of this Act to the United States Attorney General for approval; to repeal this Act in the event of a certain contingency; to invalidate certain certifications of political party candidates and certain notices of candidacy in the event of a certain contingency; to prvoide for a special primary, run-off election, and election; to provide for legislative intent; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing the membership of the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as amended by an Act approved April 9, 1981 (Ga. L. 1981, p. 4463), is amended by striking Section 1 in its entirety and inserting in its place a new Section 1 to read as follows: Section 1. (a) The board of education of Dooly County shall be composed of five members. For the purposes of electing the members of the board of education, the Dooly County school district shall be divided into five education districts described as follows:
Page 6072
Education District: 1 DOOLY COUNTY VTD: 0002 SIXTH 1012 (Part) Tract: 9703. Block(s): 104, 105, 106, 107, 109, 128, 129, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 148, 149, 158, 159, 172, 173, 178, 180, 181, 182, 183, 188, 189 VTD: 0003 THIRD 516 VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 122, 124, 147, 150, 151, 152, 153, 154, 155, 156, 157, 160, 161, 162, 163, 164, 165, 171, 201 VTD: 0008 PINEHURST 1479 (Part) Tract: 9701. Block(s): 176, 330A, 331A, 336, 341, 342, 343, 344, 345, 346, 348, 349, 351, 355, 361, 362B, 364, 365, 366, 367A, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 383B, 384A, 384B, 389A Tract: 9703. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 123, 125, 126, 127 VTD: 0009 UNADILLA 1466 (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106A, 106B, 106C, 107A, 107B, 108A, 108B, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 133, 137A, 137B, 138A, 138B, 138C, 139, 140, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151A, 151B, 152, 153, 154, 155, 156, 157, 158, 159, 172, 173, 174, 175, 195, 196, 197A, 197B, 201A, 201B, 202B, 228B, 229A, 229B, 231, 233, 234, 279A, 279B, 280B, 283, 284, 302B, 303B, 304B, 305, 306, 307, 337, 338, 339, 340, 347 Education District: 2 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part)
Page 6073
Tract: 9703. Block(s): 313B, 316, 317, 318, 319, 320, 321, 323, 324, 325, 326, 327, 343B, 344B, 345B VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 220, 301, 302, 303, 304, 305, 306, 307, 312 VTD: 0006 BYROMVILLE 585 (Part) Tract: 9701. Block(s): 209, 210, 211, 216, 217, 218, 219, 220, 221, 222, 265, 266, 267, 268, 269, 270, 272, 312 VTD: 0008 PINEHURST 1479 (Part) Tract: 9701. Block(s): 320, 325, 326, 327, 328, 329, 330B, 331B, 332A, 332B, 333, 334A, 334B, 335A, 362A, 363, 367B, 385, 386, 387A, 387B, 388, 389B, 390, 391, 392, 393, 394, 395, 396, 397 VTD: 0009 UNADILLA 1466 (Part) Tract: 9701. Block(s): 127, 128, 129, 130, 131, 132, 134, 135, 136, 202A, 203, 204, 205, 206, 207, 208, 223, 224, 225, 226, 227, 228A, 228C, 230A, 230B, 232, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257A, 257B, 258, 259A, 259B, 260, 261, 262, 263, 264, 273, 274, 275, 276, 277, 278, 280A, 281, 282, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302A, 303A, 304A, 308, 309, 310, 311, 317, 318, 319, 335B Education District: 3 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 166, 167, 168, 169, 170, 218, 219, 221A, 221B, 222B, 223, 224B, 225, 226B, 313A, 314, 315, 330, 331, 333, 336, 337, 338, 339, 340, 341A, 341B, 342, 343A, 344A, 345A, 346, 347, 348, 349, 350, 351, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 389,
Page 6074
390, 391, 392, 393, 394, 426B, 429B, 440B, 443B, 444, 449B, 450B, 451B, 454, 455, 456, 509, 510, 511, 512, 513, 514, 515B, 522, 523A, 523B, 524A, 524B, 525, 526, 527, 528, 529, 530, 531, 532, 556, 558, 559, 560, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572A, 572B, 573, 574, 575, 576, 577, 578A, 578B, 579, 580B, 581, 582, 583, 584, 585, 586 VTD: 0002 SIXTH 1012 (Part) Tract: 9703. Block(s): 174, 175, 176, 177, 179, 184, 185, 186, 187, 190, 191, 192, 193, 194, 195, 196, 501, 502, 503, 504, 505, 506, 507, 508, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 557, 561 VTD: 0004 DRAYTON 633 (Part) Tract: 9703. Block(s): 352, 353, 355, 358, 359, 360, 362, 363, 364, 365, 366, 367, 381, 386, 387, 388, 395, 396, 397 VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 217 Education District: 4 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 222A, 224A, 226A, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426A, 427, 428, 429A, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440A, 441, 442, 443A, 445, 446, 447, 448, 449A, 450A, 451A, 452, 453, 515A, 516, 517, 518, 519, 520, 521, 580A, 587, 588, 589
Page 6075
Education District: 5 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 311, 322, 328, 329, 334 VTD: 0004 DRAYTON 633 (Part) Tract: 9702. Block(s): 279, 280, 281, 282, 283, 284, 293, 294, 295, 296, 297 Tract: 9703. Block(s): 335, 354, 356, 357, 361 VTD: 0006 BYROMVILLE 585 (Part) Tract: 9701. Block(s): 212, 213, 214, 215, 271, 313, 314, 315, 316, 321, 322, 323, 324 Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 117, 201, 203, 204, 205, 206, 207A, 207B, 208, 228A, 228B, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 255, 256A, 256B, 257, 258, 259A, 259B, 260, 261, 262, 263, 264, 265, 266A, 266B, 267A, 267B, 274A VTD: 0007 DOOLING 640 VTD: 0010 LILLY 1671 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
Page 6076
(3) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of the Dooly County school district which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of the Dooly County school district which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Said Act is further 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 created by Section 2 of this Act shall become effective on January 1, 1993. The initial and subsequent members of said board shall be as follows:
Page 6077
(1) Effective January 1, 1993, the members representing Education Districts 2 and 4 shall be the former members representing Education Districts 2 and 4, who were elected at the general election of 1990 pursuant to the order of the District Court for the Middle District of Georgia in Civil Action No. 86-95-ALB-AMER, entered September 26, 1986. Said members shall complete the terms of office to which they were elected, which shall expire on December 31, 1996. Effective January 1, 1993, the member representing Education District 3 shall be the former member representing Education District 3, who was elected at the general election in 1988 pursuant to the order of the District Court for the Middle District of Georgia in Civil Action No. 86-95-ALB-AMER, entered September 26, 1986. Said member shall complete the term of office to which he was elected, which will expire on December 31, 1994. Successors to such members and future 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 six years and until their successors are elected and qualified. (2) Candidates to represent Education District 1 and 5 shall be nominated at a special primary to be held on the third Tuesday in September, 1992. Members to represent such education districts shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for terms of six years and until their successors are elected and qualified, and shall take office on January 1, 1993. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms 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. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Dooly County to submit this Act to the United States Attorney General for approval. If, as of July 1, 1992, implementation of this Act is not permissible under
Page 6078
the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. If implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, on or before July 1, 1992, the following shall be void: (1) the certification of political party candidates who qualified for party nomination for the office of member of the board of education in the general primary; (2) notices of candidacy for the office of member of the board of education in the general election; and (3) notices of intention of candidacy for the office of member of the board of education by write-in candidates. The election superintendent of Dooly County may refund any qualifying fee paid by any candidate whose certification, notice of candidacy, or notice of intention was voided pursuant to this section. Only candidates who have been certified by a political party as qualified for party nomination for the office of member of the board of education in the special primary shall be eligible to run in the special primary; only candidates nominated for the office of member of the board of education in the special primary, candidates who have filed notices of candidacy for the office of member of the board of education in the special election, and write-in candidates for whom notice of intent of candidacy for the office of member of the board of education has been given shall be eligible to run in the special election for the office of member of the board of education. Section 4 . (a) The election superintendent shall conduct a special primary election on the third Tuesday in September, 1992, after issuing the call therefor as provided by law. If necessary, a special primary run-off election shall be held as provided by law; the election superintendent shall conduct a special election on the date of the general election in November, 1992, after issuing the call therefor as provided by law. (b) Candidates for members of the board of education to represent Education Districts 1 and 5, as such districts are described in this Act, shall be nominated in the special primary. Board of education members to represent such districts shall be elected at the special election to be held on the date of the general election.
Page 6079
Section 5 . It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Dooly County are to be elected in the special election to be held on the same date as the general election in 1992 and in subsequent general elections and results from changes in population based on the United States decennial census of 1990. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law. 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 1992 session of the General Assembly of Georgia a bill to amend an Act establishing the membership of the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as amended by an Act approved April 9, 1981 (Ga. L. 1981, p. 4463) so as to provide new education districts for the election of members of the board; to provide for related matters; to provide for submission of this Act to the United States Attorney General for approval; to provide for conditional repeal; and for other purposes. This 13th day of Jan., 1992. Honorable Johnny Floyd Representative, 135th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Floyd, who, on oath, deposes and says that he is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Vienna News-Observer,
Page 6080
which is the official organ of Dooly County, on the following date: January 16, 1992. /s/ Johnny Floyd Representative, 135th District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. CRISP COUNTYTAX COMMISSIONER; COMPENSATION; PERSONNEL. No. 937 (House Bill No. 2079). AN ACT To amend an Act changing the method of compensating the clerk of the superior court, the sheriff, the judge of the probate court, and the tax commissioner of Crisp County from the fee system to an annual salary basis, approved February 28, 1966 (Ga. L. 1966, p. 2428), as amended, so as to revise provisions relative to the compensation of the tax commissioner; to change the compensation of the tax commissioner; to revise provisions relative to 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 changing the method of compensating the clerk of the superior court, the sheriff, the judge of the probate court, and the tax commissioner of Crisp County from
Page 6081
the fee system to an annual salary basis, approved February 28, 1966 (Ga. L. 1966, p. 2428), as amended, is amended by striking Section 7 in its entirety and inserting in its place a new Section 7 to read as follows: Section 7. (a) The minimum annual compensation to be paid to the tax Commissioner of Crisp County shall be not less than the annual compensation provided for in any general law establishing a minimum annual compensation for that officer. (b) The governing authority of Crisp County may at its sole discretion supplement the minimum compensation of the tax commissioner of Crisp County provided in subsection (a) of this section. The governing authority of Crisp County shall establish and determine, through the authority granted it in this section, the total annual compensation to be paid to the tax commissioner of Crisp County. (c) The tax commissioner shall be authorized to employ such personnel as necessary to perform the duties of the office. The salaries of such personnel shall be fixed by the governing authority of Crisp County. (d) The salaries provided for by this section shall be paid in equal monthly installments from the funds of Crisp County. Section 2 . This Act shall become effective on January 1, 1993. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to a request from the Board of Commissioners of Crisp County, Georgia, and the Tax Commissioner of Crisp County, Georgia, notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a Bill to provide for matters relative to the compensation of the
Page 6082
Tax Commissioner of Crisp County and matters relative to the rpersonnel of the Tax Commissioner of Crisp County; to provide for other matters related thereto; and for other purposes. This 3rd day of March, 1992. Honorable Johnny Floyd Representative, 135th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Floyd, who, on oath, deposes and says that he is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch, which is the official organ of Crisp County, on the following date: March 5, 1992. /s/ Johnny Floyd Representative, 135th District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992.
Page 6083
DOOLY COUNTYBOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS. No. 938 (House Bill No. 2080). AN ACT To amend an Act creating a board of commissioners of Dooly County, approved August 18, 1913 (Ga. L. 1913, p. 373), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3703), so as to provide districts from which the members of the Board of Commissioners of Dooly County shall be elected; to provide for definitions and inclusions; to provide that current members of the board shall serve for the terms and from the districts provided in the order of the United States District Court for the Middle District of Georgia in Civil Action No. 86-95-ALB-AMER; to provide for related matters; to provide for the election of successors to the current members of the board; to provide for submission of this Act to the United States Attorney General for approval; to repeal this Act in the event of a certain contingency; to invalidate certain certifications of political party candidates and certain notices of candidacy in the event of a certain contingency; to provide for a special primary, run-off election, and election; 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 Dooly County, approved August 18, 1913 (Ga. L. 1913, p. 373), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3703), is amended by striking Section 2 in its entirety and inserting in its place a new Section 2 to read as follows: Section 2. (a) The Board of Commissioners of Dooly County shall be composed of five members. For the purpose of electing the members of the Board of Commissioners of Dooly County, Dooly County shall be divided into five commissioner districts described as follows:
Page 6084
Commissioner District: 1 DOOLY COUNTY VTD: 0002 SIXTH 1012 (Part) Tract: 9703. Block(s): 104, 105, 106, 107, 109, 128, 129, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 148, 149, 158, 159, 172, 173, 178, 180, 181, 182, 183, 188, 189 VTD: 0003 THIRD 516 VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 122, 124, 147, 150, 151, 152, 153, 154, 155, 156, 157, 160, 161, 162, 163, 164, 165, 171, 201 VTD: 0008 PINEHURST 1479 (Part) Tract: 9701. Block(s): 176, 330A, 331A, 336, 341, 342, 343, 344, 345, 346, 348, 349, 351, 355, 361, 362B, 364, 365, 366, 367A, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 383B, 384A, 384B, 389A Tract: 9703. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 123, 125, 126, 127 VTD: 0009 UNADILLA 1466 (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106A, 106B, 106C, 107A, 107B, 108A, 108B, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 133, 137A, 137B, 138A, 138B, 138C, 139, 140, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151A, 151B, 152, 153, 154, 155, 156, 157, 158, 159, 172, 173, 174, 175, 195, 196, 197A, 197B, 201A, 201B, 202B, 228B, 229A, 229B, 231, 233, 234, 279A, 279B, 280B, 283, 284, 302B, 303B, 304B, 305, 306, 307, 337, 338, 339, 340, 347 Commissioner District: 2 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part)
Page 6085
Tract: 9703. Block(s): 313B, 316, 317, 318, 319, 320, 321, 323, 324, 325, 326, 327, 343B, 344B, 345B VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 220, 301, 302, 303, 304, 305, 306, 307, 312 VTD: 0006 BYROMVILLE 585 (Part) Tract: 9701. Block(s): 209, 210, 211, 216, 217, 218, 219, 220, 221, 222, 265, 266, 267, 268, 269, 270, 272, 312 VTD: 0008 PINEHURST 1479 (Part) Tract: 9701. Block(s): 320, 325, 326, 327, 328, 329, 330B, 331B, 332A, 332B, 333, 334A, 334B, 335A, 362A, 363, 367B, 385, 386, 387A, 387B, 388, 389B, 390, 391, 392, 393, 394, 395, 396, 397 VTD: 0009 UNADILLA 1466 (Part) Tract: 9701. Block(s): 127, 128, 129, 130, 131, 132, 134, 135, 136, 202A, 203, 204, 205, 206, 207, 208, 223, 224, 225, 226, 227, 228A, 228C, 230A, 230B, 232, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257A, 257B, 258, 259A, 259B, 260, 261, 262, 263, 264, 273, 274, 275, 276, 277, 278, 280A, 281, 282, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302A, 303A, 304A, 308, 309, 310, 311, 317, 318, 319, 335B Commissioner District: 3 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 166, 167, 168, 169, 170, 218, 219, 221A, 221B, 222B, 223, 224B, 225, 226B, 313A, 314, 315, 330, 331, 333, 336, 337, 338, 339, 340, 341A, 341B, 342, 343A, 344A, 345A, 346, 347, 348, 349, 350, 351, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 389,
Page 6086
390, 391, 392, 393, 394, 426B, 429B, 440B, 443B, 444, 449B, 450B, 451B, 454, 455, 456, 509, 510, 511, 512, 513, 514, 515B, 522, 523A, 523B, 524A, 524B, 525, 526, 527, 528, 529, 530, 531, 532, 556, 558, 559, 560, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572A, 572B, 573, 574, 575, 576, 577, 578A, 578B, 579, 580B, 581, 582, 583, 584, 585, 586 VTD: 0002 SIXTH 1012 (Part) Tract: 9703. Block(s): 174, 175, 176, 177, 179, 184, 185, 186, 187, 190, 191, 192, 193, 194, 195, 196, 501, 502, 503, 504, 505, 506, 507, 508, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 557, 561 VTD: 0004 DRAYTON 633 (Part) Tract: 9703. Block(s): 352, 353, 355, 358, 359, 360, 362, 363, 364, 365, 366, 367, 381, 386, 387, 388, 395, 396, 397 VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 217 Commissioner District: 4 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 222A, 224A, 226A, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426A, 427, 428, 429A, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440A, 441, 442, 443A, 445, 446, 447, 448, 449A, 450A, 451A, 452, 453, 515A, 516, 517, 518, 519, 520, 521, 580A, 587, 588, 589
Page 6087
Commissioner District: 5 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 311, 322, 328, 329, 334 VTD: 0004 DRAYTON 633 (Part) Tract: 9702. Block(s): 279, 280, 281, 282, 283, 284, 293, 294, 295, 296, 297 Tract: 9703. Block(s): 335, 354, 356, 357, 361 VTD: 0006 BYROMVILLE 585 (Part) Tract: 9701. Block(s): 212, 213, 214, 215, 271, 313, 314, 315, 316, 321, 322, 323, 324 Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 117, 201, 203, 204, 205, 206, 207A, 207B, 208, 228A, 228B, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 255, 256A, 256B, 257, 258, 259A, 259B, 260, 261, 262, 263, 264, 265, 266A, 266B, 267A, 267B, 274A VTD: 0007 DOOLING 640 VTD: 0010 LILLY 1671 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
Page 6088
(3) 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 map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of Dooly County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of Dooly County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Each candidate for election as commissioner must be a resident of the district he seeks to represent at the time he qualifies as a candidate. The election of each commissioner shall be by the voters of the district represented only.
Page 6089
Section 2 . Said Act is further 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 commissioners created by Section 2 of this Act shall become effective on January 1, 1993. The initial and subsequent members of said board shall be as follows: (1) Effective January 1, 1993, the commissioners representing Commissioner Districts 2 and 4 shall be the former commissioners representing Commissioner Districts 2 and 4, who were elected at the general election of 1990 pursuant to the order of the District Court for the Middle District of Georgia in Civil Action No. 86-95-ALB-AMER, entered September 26, 1986. Said commissioners shall complete the terms of office to which they were elected, which shall expire on December 31, 1996. Effective January 1, 1993, the commissioner representing Commissioner District 5 shall be the former commissioner representing Commissioner District 5, who was elected at the general election in 1988 pursuant to the order of the District Court for the Middle District of Georgia in Civil Action No. 86-95-ALB-AMER, entered September 26, 1986. Said commissioner shall complete the term of office to which he was elected, which will expire on December 31, 1994. Successors to such members and future 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 six years and until their successors are elected and qualified. (2) Candidates to represent Commissioner Districts 1 and 3 shall be nominated at a special primary to be held on the third Tuesday in September, 1992. Commissioners to represent such commissioner districts shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for terms of six years and until their successors are elected and qualified, and shall take office on January 1, 1993. Thereafter, successors shall be elected at the general election
Page 6090
immediately preceding the expiration of terms 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. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Dooly County to submit this Act to the United States Attorney General for approval. If, as of July 1, 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. If implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, on or before July 1, 1992, the following shall be void: (1) the certification of political party candidates who qualified for party nomination for the office of commissioner in the general primary; (2) notices of candidacy for the office of commissioner in the general election; and (3) notices of intention of candidacy for the office of commissioner by write-in candidates. The election superintendent of Dooly County may refund any qualifying fee paid by any candidate whose certification, notice of candidacy, or notice of intention was voided pursuant to this section. Only candidates who have been certified by a political party as qualified for party nomination for the office of commissioner in the special primary shall be eligible to run in the special primary; only candidates nominated for the office of commissioner in the special primary, candidates who have filed notices of candidacy for the office of commissioner in the special election, and write-in candidates for whom notice of intent of candidacy for the office of commissioner has been given shall be eligible to run in the special election for the office of commissioner. Section 4 . (a) The election superintendent shall conduct a special primary election on the third Tuesday in September, 1992, after issuing the call therefor as provided by law. If necessary, a special primary run-off election shall be held as provided by law; the election superintendent shall conduct a special election on the date of the general election in November, 1992, after issuing the call therefor as provided by law.
Page 6091
(b) Candidates for commissioners to represent Commissioner Districts 1 and 3, as such districts are described in this Act, shall be nominated in the special primary. Commissioners to represent such districts shall be elected at the special election to be held on the date of the general election. 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Dooly County, approved August 18, 1913 (Ga. L. 1913, p. 373), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3703), so as to provide districts from which the members of the Board of Commissioners of Dooly County shall be elected; to provide for related matters; to provide for submission of this Act to the United States Attorney General for approval; to provide for conditional repeal and for other purposes. This 13th day of Jan., 1992. Honorable Johnny Floyd Representative, 135th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Floyd, who, on oath, deposes and says that he is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Vienna News-Observer, which is the official organ of Dooly County, on the following date: January 16, 1992. /s/ Johnny Floyd Representative, 135th District
Page 6092
Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. DAWSON COUNTYBOARD OF EDUCATION; DISTRICTS. No. 939 (House Bill No. 2096). AN ACT To amend an Act to provide for an elected Board of Education of Dawson County, approved March 23, 1977 (Ga. L. 1977, p. 3529), so as to provide new education districts; to provide for definitions and insertions; to provide for the submission of this Act to the United States Attorney General and conditions for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act to provide for an elected Board of Education of Dawson County, approved March 23, 1977 (Ga. L. 1977, p. 3529), is amended by striking in its entirety Section 2 and inserting in lieu thereof the following: Section 2. For the purpose of electing members of the Board of Education of Dawson County, the Dawson County School District is divided into three educational districts as follows:
Page 6093
Education District: 1 DAWSON COUNTY VTD: 0010 AMICALOLA VTD: 0050 PUROYS VTD: 0070 SHOAL CREEK (Part) Tract: 9701. Block(s): 103, 104B, 105B, 143C, 144, 165, 166, 167, 168, 169, 170, 171, 172B, 173B, 176, 182, 183, 184, 185, 186 Education District: 2 DAWSON COUNTY VTD: 0030 DAWSONVILLE VTD: 0040 KILOUGH (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107B, 108B, 124, 125, 126, 127, 128, 136, 137, 138, 139, 140, 145, 146, 147, 148, 149, 150, 151, 152 VTD: 0070 SHOAL CREEK (Part) Tract: 9701. Block(s): 101, 102, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137B, 177, 178, 179, 180, 181, 201, 202, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 269, 270, 271, 272 Education District: 3 DAWSON COUNTY VTD: 0020 BLACKS VTD: 0040 KILOUGH (Part) Tract: 9702. Block(s): 141, 142, 143, 144, 153, 154, 155, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 318, 319, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397 VTD: 0060 SANFORD
Page 6094
In order to be eligible to offer for election to Post No. 1, a candidate therefor must reside within Education District No. 1. In order to be eligible to offer for election to Post Nos. 2 or 3, candidates therefor must reside within Education District No. 2. In order to be eligible to offer for election to Post Nos. 4 or 5, candidates therefor must reside within Education District No. 3. Candidates shall be elected to the board by the vote of the electors of the Dawson County School Districts. For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of the Dawson County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of the Dawson County School District which is described in this section as being included in a
Page 6095
particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Dawson County Board of Education to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an Act to provide for an elected Board of Education of Dawson County, approved March 23, 1977 (Ga. L. 1977, p. 3529); and for other purposes. This 15th day of January, 1992. Honorable Wyc Orr Representative, 9th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wyc Orr, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson County Advertiser,
Page 6096
which is the official organ of Dawson County, on the following date: January 23, 1992. /s/ Wyc Orr Representative, 9th District Sworn to and subscribed before me, this 17th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. CLAY COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 940 (House Bill No. 2099). AN ACT To amend an Act creating a board of commissioners of Clay County, approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2326), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3785), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for the submission of this Act to the United States Attorney General and conditions for 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 board of commissioners of Clay County, approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2326), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3785), is amended by
Page 6097
striking in its entirety Section 1 and inserting in lieu thereof the following: Section 1. (a) For the purpose of electing members of the board of commissioners, Clay County is divided into five commissioner districts as follows: Commissioner District: 1 CLAY COUNTY VTD: 0001 PRECINCT 1 VTD: 0002 PRECINCT 2, 3, AND 4 (Part) Tract: 9601. Block(s): 201, 202, 271 Tract: 9602. Block(s): 111, 112, 113, 114, 134, 135, 136, 137, 138, 151, 152, 153, 154, 155, 158 Commissioner District: 2 CLAY COUNTY VTD: 0002 PRECINCT 2, 3, AND 4 (Part) Tract: 9601. Block(s): 155B, 156, 157, 172, 173, 174, 175, 203, 204, 205, 206, 207, 208, 209, 210B, 211, 212, 213A, 213B, 262B, 263B, 264, 265, 266, 267, 268, 269, 270, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281 Tract: 9602. Block(s): 105, 106, 107, 108, 109, 110, 115, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 195, 196, 197 Commissioner District: 3 CLAY COUNTY VTD: 0002 PRECINCT 2, 3, AND 4 (Part)
Page 6098
Tract: 9601. Block(s): 170, 171, 210A, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262A, 263A Commissioner District: 4 CLAY COUNTY VTD: 0002 PRECINCT 2, 3, AND 4 (Part) Tract: 9601. Block(s): 111, 112, 113, 127A, 145, 146A, 146B, 147, 148, 150A, 150B, 151, 152, 153A, 153B, 154A, 154B, 155A, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 214, 229 VTD: 0005 PRECINCT 5 (Part) Tract: 9601. Block(s): 108, 109, 114, 142, 144 Commissioner District: 5 CLAY COUNTY VTD: 0005 PRECINCT 5 (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 110, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 143, 149, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
Page 6099
(2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Clay County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Clay County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Clay County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as
Page 6100
amended, then as of such date this Act shall be void and stand repealed 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 hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a Bill to amend A Act creating the Board of Commissioners of Clay County, approved Feb. 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2326), as amended; and for other purposes. This 18th day of February 1992, /s/ Gerald Isler, Chairman. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southern Tribune, which is the official organ of Clay County, on the following date: February 20, 1992. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992.
Page 6101
TERRELL COUNTYBOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS; TERMS; RESIDENCY; PURCHASES; BONDS; OATHS; VACANCIES. No. 941 (House Bill No. 2098). AN ACT To amend an Act to create a board of commissioners of roads and revenues for Terrell County, Georgia, approved February 28, 1966 (Ga. L. 1966, p. 2610), as amended, so as to provide new commissioner districts; to provide definitions and inclusions; to provide for the currently serving chairman and members; to provide for the election and terms of successors; to provide for residency requirements; to provide for certain purchases; to provide for commissioners' bonds and oaths; to provide for filling of vacancies; to provide for the submission of this Act to the United States Attorney General and conditions for automatic repeal; 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 commissionrs of roads and revenues for Terrell County, Georgia, approved February 28, 1966 (Ga. L. 1966, p. 2610), as amended, is amended by striking in its entirety Sections 1 and 2 and inserting in lieu thereof the following: Section 1. (a) There is created the Board of Commissioners of Terrell County, to be composed of a chairman and four commissioners. For the purpose of electing the board of commissioners, Terrell County is divided into four commissioner districts as follows: Commissioner District: 1 TERRELL COUNTY VTD: 0001 DAWSON PRECINCT ONE (Part)
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Tract: 9803. Block(s): 115A, 120A, 120B, 121A, 122A, 126, 127, 128A, 129A, 131, 132, 139A, 140A, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 319, 320, 321, 322, 323, 324, 336, 337, 338, 339, 405A, 406A, 407A, 407B, 408, 409, 410A, 411A, 411B, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 432 VTD: 0002 DAWSON PRECINCT TWO (Part) Tract: 9803. Block(s): 316, 317, 318, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 430, 431, 433, 434, 435, 436A, 437, 438, 439 Commissioner District: 2 TERRELL COUNTY VTD: 0001 DAWSON PRECINCT ONE (Part) Tract: 9803. Block(s): 216, 217, 218, 219, 220, 221, 223, 224, 225, 226, 227, 228, 229, 230 Tract: 9804. Block(s): 205, 206, 301, 302, 303, 304, 305, 359, 363 VTD: 0002 DAWSON PRECINCT TWO (Part) Tract: 9804. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135A, 137A, 138, 140, 141, 142A, 142B, 143A, 201, 202, 203, 204, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 306, 307A, 351A, 353, 354, 355, 356, 357, 358, 360, 361, 362, 364, 365, 366, 367, 368, 369, 370, 371, 372
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Commissioner District: 3 TERRELL COUNTY VTD: 0001 DAWSON PRECINCT ONE (Part) Tract: 9803. Block(s): 120C, 121B, 122B, 123, 124, 125, 128B, 129B, 130, 405B, 406B, 410B VTD: 0003 BRONWOOD (Part) Tract: 9801. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119A, 119B, 120, 121A, 121B, 122A, 122B, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142A, 142B, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154A, 154B, 155A, 155B, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167A, 167B, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 188, 191, 192, 193, 194, 195, 196, 197A, 197B Tract: 9802. Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 121A, 121B, 122, 123, 124, 125, 126, 127A, 127B, 128, 129A, 129B, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154A, 155, 156A, 156B, 157A, 157B, 158A, 158B, 159, 160, 161, 162, 163A, 163B, 164, 165, 166, 167, 173, 174, 175, 176, 177, 178, 179, 194, 195, 196, 197 Tract: 9803. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115B, 116, 117, 118, 119, 133, 134, 135, 136, 137, 138, 139B, 140B, 141, 403, 404 Tract: 9804. Block(s): 307B, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 334
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Commissioner District: 4 TERRELL COUNTY VTD: 0003 BRONWOOD (Part) Tract: 9802. Block(s): 154B, 168, 169, 170, 171, 172, 180, 181, 182, 187, 188, 192, 193 VTD: 0004 SASSER For purposes of this subsection: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Terrell County which is not included in any commissioner district described in this subsection shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Terrell County which is described in this subsection as being included in a particular
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commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (b) The chairman and commissioners serving on the effective date of this Act shall serve for the remainder of their terms. At the general election held in November, 1992, and every four years thereafter, a commissioner shall be elected from each commissioner district by majority of the voters residing within such district voting in the election, and the chairman shall be elected by a majority of voters residing within the county voting in the election. Each commissioner shall reside within the district he represents, and the chairman shall reside within Terrell County. The members and the chairman shall take office on the first day of January of the year following their election and shall serve terms of four years and until their successors are elected and qualified. (c) Any one particular purchase or any one contract for furnishing supplies, material, or for doing work for Terrell County shall be awarded to the lowest competitive bidder at a regular public meeting, except that if the amount involved does not exceed $500.00, the chairman may incur the expense; but the chairman must report in writing to the board at its next regular meeting all the facts for its approval. Said report shall be spread upon the minutes. The commissioners shall each give a bond in the sum of $2,000.00 for the faithful discharge of their duties and take and subscribe before the judge of the probate court of said county an oath for the faithful discharge of their duties. Section 2. (a) A vacancy shall occur on the board of commissioners if a member of the board removes his residence from the commissioner district he represents or if the chairman removes his residence from the county.
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(b) When a vacancy occurs on the board of commissioners for any reason and the unexpired term of office exceeds six months in duration, it shall be the duty of the judge of the probate court of the county to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. The election shall be held as provided in Chapter 2 of Title 21 of the O.C.G.A., and the cost of the election shall be defrayed by the county. If the unexpired term to be filled is less than six months in duration, such vacancy shall not be filled, but the remaining members of the board shall act with all the powers and authority of a full board. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Terrell County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO ENACT LOCAL LEGISLATION Notice is hereby given that local legislation will be introduced to reapportion County Commission districts of Terrell County, Georgia, and provide for elections regarding the same. Terrell County Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson News,
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which is the official organ of Terrell County, on the following date: January 30, 1992. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. HEARD COUNTYHOMESTEAD EXEMPTIONS; COUNTY AND SCHOOL DISTRICT TAXES; REFERENDUM. No. 942 (House Bill No. 2101). AN ACT To provide for homestead exemptions from Heard County ad valorem taxes for county purposes and from Heard 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 a referendum; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . For purposes of this Act, the term:
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(1) Ad valorem taxes for county purposes means all ad valorem taxes for county purposes levied by, for, or on behalf of Heard 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 Heard 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. Section 2 . Each resident of Heard County who is 65 years of age or older is granted an exemption on that person's homestead from all Heard County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of that homestead. Section 3 . Each resident of the Heard County School District who is 65 years of age or older is granted an exemption on that person's homestead from all Heard County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead. Section 4 . The tax commissioner of Heard County or the designee thereof shall provide application forms for the exemptions granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemptions. Section 5 . The exemptions shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemptions shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. Section 6 . The exemptions granted by this Act shall not apply to or affect any state taxes.
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Section 7 . The exemptions granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Heard County ad valorem taxes for county purposes or Heard County School District ad valorem taxes for educational purposes. Section 8 . The exemptions 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 Heard County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Heard County and the Heard County School District for approval or rejection. The election superintendent shall conduct that election on the date of 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 Heard 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) Heard County ad valorem taxes for county purposes in the amount of $10,000.00 for qualified residents who are 65 or older and (2) Heard County School District ad valorem taxes for educational purposes in the amount of $10,000.00 for qualified residents who are 65 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 Sections 1 through 8 of this Act, then Sections 1 through 8 of this Act shall become of full
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force and effect immediately and shall be applicable to all taxable years beginning on or after 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. In the event the election provided for in this section is not conducted on or before the Tuesday after the first Monday in November, 1992, this Act shall stand repealed in its entirety on December 31, 1992. The expense of such election shall be borne by Heard 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 1992 session of the General Assembly of Georgia a bill to provide for homestead exemptions from Heard County ad valorem taxes for county purposes and from Heard County School District ad valorem taxes for educational purposes for certain residents of that county and school districts to provide for definitions, terms and conditions and procedures; to provide for a referendum; and for other purposes. This 27th day of February, 1992. DOCK H. DAVIS Georgia House of Representatives 77th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dock H. Davis, who, on
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oath, deposes and says that he is Representative from the 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Banner, which is the official organ of Heard County, on the following date: March 4, 1992. /s/ Dock H. Davis Representative, 77th District Sworn to and subscribed before me, this 4th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. CITY OF SKY VALLEYHOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 943 (House Bill No. 2122). AN ACT To amend an Act providing for a $10,000.00 homestead exemption from all City of Sky Valley ad valorem taxes for residents of that city, approved March 31, 1987 (Ga. L. 1987, p. 5113), so as to increase the amount of said homestead exemption; to provide for applicability; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a $10,000.00 homestead exemption from all City of Sky Valley ad valorem taxes for residents of that city, approved March 31, 1987 (Ga. L. 1987, p.
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5113), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. Each resident of the City of Sky Valley, Georgia, is granted an exemption on that person's homestead from all City of Sky Valley ad valorem taxes in the amount of $25,000.00. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 2 . Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The $25,000.00 homestead exemption granted by this Act shall apply to all taxable years beginning after December 31, 1992. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Sky Valley 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 Sky Valley for approval or rejection. The election superintendent shall conduct that election on the date of the 1992 November 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 Rabun County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which increases the homestead exemption from all City of Sky Valley ad valorem taxes for residents of that city from $10,000.00 to $25,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of
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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 Sky Valley. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act providing for a $10,000.00 homestead exemption from all City of Sky Valley ad valorem taxes for residents of that city, approved March 31, 1987 (Ga. L. 1987, p. 5113), so as to change the amount of the homestead exemption; to provide for a referendum; and for other purposes. This 10th day of March, 1992. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune, which is the official organ of Rabun County, on the following date: March 12, 1992. /s/ Ralph Twiggs Representative, 4th District
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Sworn to and subscribed before me, this 17th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. CITY OF ROMEHOMESTEAD EXEMPTIONS; INDEPENDENT SCHOOL DISTRICT TAXES; REFERENDUM. No. 944 (House Bill No. 2123). AN ACT To amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, approved March 25, 1986 (Ga. L. 1986, p. 4530), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4484), so as to change the amount of the exemption; to provide increased exemptions for persons who are 65 years of age or over and have an annual income not exceeding $20,000.00 and a total exemption for persons who are 75 years of age or over and have an annual income not exceeding $20,000.00; to change the definition of a homestead; to specify the terms, conditions, and procedures relative to the exemption; to provide for a referendum, effective dates, applicability, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, approved
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March 25, 1986 (Ga. L. 1986, p. 4530), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4484), is amended by striking paragraph (3) of Section 1 and inserting in its place new paragraphs to read as follows: (3) `Homestead,' for purposes of the exemption granted in Section 2 of this Act, means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3.1) `Homestead,' for purposes of the exemptions granted in Sections 2.1 and 2.2 of this Act, means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., except that the exemption provided for under Sections 2.1 and 2.2 of this Act shall only apply to the homestead residence and not more than one acre of the land included in that homestead. Section 2 . Said Act is further amended by adding immediately following Section 2 thereof new sections to read as follows: Section 2.1. Each resident of the independent school district of the City of Rome who is 65 years of age or over is granted an exemption on that person's homestead from one-half of the ad valorem taxes for educational purposes, if that person's income, together with the income of all members of the family residing within such homestead, does not exceed $20,000.00 for the immediately preceding year. Section 2.2. Each resident of the independent school district of the City of Rome who is 75 years of age or over is granted an exemption on that person's homestead from all ad valorem taxes for educational purposes if that person's income, together with the income of all members of the family residing within such homestead, does not exceed $20,000.00 for the immediately preceding year. Section 3 . Said Act is further amended by striking Sections 4 and 8 thereof and inserting in their places the following sections:
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Section 4. Any person who has applied for and been granted for 1986 the general law exemption or a similar homestead exemption from ad valorem taxes for educational purposes (Ga. L. 1979, p. 1825) shall be eligible for the exemption granted by Section 2 of this Act without further application. It shall be the duty of any person granted any exemption under this Act to notify the governing authority of the City of Rome or its designee in the event that person for any reason becomes ineligible for any exemption so granted by this Act. Otherwise, the exemptions shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Section 8. Any reference in this Act to the exemption granted by this Act without referring to the section of this Act granting such exemption shall be deemed to refer to each exemption granted by this Act. The exemption granted by Section 2 of this Act shall apply to all taxable years beginning after December 31, 1986. The exemptions granted by Sections 2.1 and 2.2 of this Act shall apply to all taxable years beginning after December 31, 1992. Section 4 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Rome shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the independent school district of the City of Rome for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with 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 Floyd County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a homestead exemption from one-half of the ad valorem taxes for the independent school district of the
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City of Rome for certain residents of that district who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over and which provides for a homestead exemption from all ad valorem taxes for the independent school district of the City of Rome for certain residents of that district who have annual incomes not exceeding $20,000.00 and who are 75 years of age or over? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1, 2, and 3 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, then Sections 1, 2, and 3 of this Act shall not become effective and this Act shall be immediately repealed on January 1 immediately following that election date. The expense of such election shall be borne by the City of Rome. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 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 1992 session of the General Assembly of Georgia a bill to amend an Act providing for a homestead exemption from ad
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valorem taxes of the City of Rome independent school district for certain residents of that school district, approved March 25, 1986 (Ga. L. 1986, p. 4530), as amended; and for other purposes. This 26 day of Feb., 1992. Honorable Paul E. Smith Representative, 16th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Smith, who, on oath, deposes and says that he is Representative from the 16th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune, which is the official organ of Floyd County, on the following date: March 1, 1992. /s/ Paul Smith Representative, 16th District Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 13, 1992.
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CALHOUN COUNTYBOARD OF EDUCATION; DISTRICTS. No. 945 (House Bill No. 2125). AN ACT To provide education districts for the Calhoun County Board of Education; to provide for definitions and inclusions; to provide for the submission of this Act to the United States Attorney General for approval and conditions for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) Notwithstanding any provisions of that constitutional amendment relating to the Calhoun County Board of Education which was proposed by Resolution Act No. 53 of the 1955 General Assembly (Ga. L. 1955, p. 470) to the contrary, for the purpose of electing members of such board of education, Calhoun County is divided into five education districts as follows: Section 1. (a) For the purpose of electing members of the board of commissioners, Calhoun County is divided into five commissioner districts as follows: Education District: 1 CALHOUN COUNTY VTD: 0001 LEARY Education District: 2 CALHOUN COUNTY VTD: 0002 MORGAN VTD: 0004 EDISON (Part) Tract: 9503. Block(s): 204B, 204C, 236B, 240B, 241, 242B, 243, 244, 245, 246, 247, 249, 250, 251, 252, 254, 255 Tract: 9504.
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Block(s): 101, 102, 103, 104, 105, 106, 107B, 108B, 109, 110, 111B, 112B, 116B, 117B Education District: 3 CALHOUN COUNTY VTD: 0003 EDISON (Part) Tract: 9503. Block(s): 143A, 144, 147, 148A, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 204A, 205, 206, 207, 208, 209, 210, 211A, 212A, 213, 236A, 237A, 238, 239, 240A, 242A Education District: 4 CALHOUN COUNTY VTD: 0003 EDISON (Part) Tract: 9503. Block(s): 134A, 140A, 141, 142A, 146, 166A, 167, 168A VTD: 0004 EDISON (Part) Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134B, 135, 136, 137, 138, 139, 140B, 142B, 143B, 145, 148B, 166B, 168B, 201, 202, 203, 211B, 212B, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 237B, 248, 253 Tract: 9504. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216B, 217, 218, 219, 220, 221, 222B, 223, 224B, 226B, 227B, 228, 229, 265, 266, 267, 268, 269 VTD: 0005 ARLINGTON (Part) Tract: 9504. Block(s): 216A, 225, 226A, 227A, 230, 231, 232, 233, 234, 235, 240
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Education District: 5 CALHOUN COUNTY VTD: 0005 ARLINGTON (Part) Tract: 9504. Block(s): 107A, 108A, 111A, 112A, 113, 114, 115, 116A, 117A, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 222A, 224A, 236, 237, 238, 239, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264 (b) For purposes of this section: (1) The terms Tract, Block, and VTD shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia: (2) The term Precinct is synonymous with the term voting precinct and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of the Calhoun County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
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(5) Any part of the Calhoun County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Calhoun County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to change the composition of the education districts from which members of the Board of Education of Calhoun County are elected; to repeal conflicting laws; and for other purposes. This 28th day of February, 1992. C. W. Schramm Chairman Calhoun County Board of Commissioners
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southwest Georgia News, which is the official organ of Calhoun County, on the following date: March 4, 1992. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. CALHOUN COUNTYBOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS; TERMS; RESIDENCY. No. 946 (House Bill No. 2156). AN ACT To amend an Act entitled An Act to increase the number of commissioners of roads and revenues for the county of Calhoun from three to five, approved August 10, 1908 (Ga. L. 1908, p. 276), as amended, particularly by an Act approved August 8, 1917 (Ga. L. 1917, p. 324) and an Act approved April 13, 1967 (Ga. L. 1967, p. 3068), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for currently serving members; to provide for the election of new members; to provide for terms and residence; to provide for the
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submission of this Act to the United States Attorney General and conditions for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act entitled An Act to increase the number of commissioners of roads and revenues for the county of Calhoun from three to five, approved August 10, 1908 (Ga. L. 1908, p. 276), as amended, particularly by an Act approved August 8, 1917 (Ga. L. 1917, p. 324) and an Act approved April 13, 1967 (Ga. L. 1967, p. 3068), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following: Section 1. (a) For the purpose of electing members of the board of commissioners, Calhoun County is divided into five commissioner districts as follows: Commissioner District: 1 CALHOUN COUNTY VTD: 0001 LEARY Commissioner District: 2 CALHOUN COUNTY VTD: 0002 MORGAN VTD: 0004 EDISON (Part) Tract: 9503. Block(s): 204B, 204C, 236B, 240B, 241, 242B, 243, 244, 245, 246, 247, 249, 250, 251, 252, 254, 255 Tract: 9504. Block(s): 101, 102, 103, 104, 105, 106, 107B, 108B, 109, 110, 111B, 112B, 116B, 117B Commissioner District: 3 CALHOUN COUNTY VTD: 0003 EDISON (Part) Tract: 9503. Block(s): 143A, 144, 147, 148A, 149, 150, 151, 152,
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153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 204A, 205, 206, 207, 208, 209, 210, 211A, 212A, 213, 236A, 237A, 238, 239, 240A, 242A Commissioner District: 4 CALHOUN COUNTY VTD: 0003 EDISON (Part) Tract: 9503. Block(s): 134A, 140A, 141, 142A, 146, 166A, 167, 168A VTD: 0004 EDISON (Part) Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140B, 142B, 143B, 145, 148B, 166B, 168B, 201, 202, 203, 211B, 212B, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 237B, 248, 253 Tract: 9504. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216B, 217, 218, 219, 220, 221, 222B, 223, 224B, 226B, 227B, 228, 229, 265, 266, 267, 268, 269 VTD: 0005 ARLINGTON (Part) Tract: 9504. Block(s): 216A, 225, 226A, 227A, 230, 231, 232, 233, 234, 235, 240 Commissioner District: 5 CALHOUN COUNTY VTD: 0005 ARLINGTON (Part) Tract: 9504. Block(s): 107A, 108A, 111A, 112A, 113, 114, 115, 116A, 117A, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 222A, 224A, 236, 237, 238, 239, 241, 242, 243, 244, 245,
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246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Calhoun County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Calhoun which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
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(c) The commissioners serving on the effective date of this Act shall continue to serve for the remainder of their terms. Their successors shall be elected at the general election held in November, 1994, and every four years thereafter to take office on the first day of January following their election to serve terms of four years and until their successors are duly elected and qualified. Each commissioner shall reside in the district which such commissioner represents and shall be elected by a majority of qualified voters from such district voting in the election. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Calhoun County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend the Act approved August 10, 1908 of Georgia (Ga. L. 1908, p. 278), as amended, so as to change the composition of the commissioner districts from which members of the Board of Commissioners of Calhoun County are elected; to repeal conflicting laws; and for other purposes. This 28th day of February, 1992. C. W. Schramm Chairman Calhoun County Board of Commissioners
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southwest Georgia News, which is the official organ of Calhoun County, on the following date: March 4, 1992. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. COBB COUNTYBOARD OF COMMISSIONERS; COUNTY PURCHASES. No. 947 (House Bill No. 2160). AN ACT To amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4422), so as to amend provisions relating to county purchases; to provide for related matters; 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 Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4422), is amended by striking paragraph (18) of Section 11 and inserting the following: (18) To make purchases in amounts over $5,000.00; provided, however, that, for any purchases in amounts over $10,000.00, advertisements for bids shall be first published for two consecutive weeks in the official organ of Cobb County. Formal, sealed bids, after said advertising has been published, must be obtained on all purchases of $10,000.00 or more. Advertisement and the obtaining of formal, sealed bids may be dispensed with when, in the discretion of the commission, an emergency exists which will not permit a delay. Section 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Cobb County, approved June 19, 1964 (Ga. L. 1964, p. 2075), as amended; and for other purposes. This 14 day of January, 1992. Honorable Fred Aiken Representative, 21st District Honorable Bill Atkins Representative, 21st District Honorable Eugene T. Clark Representative, 20th District Honorable Tom Cauthorn
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Representative, 20th District Honorable Lynda Coker Representative, 21st District Honorable John W. Hammond Representative, 20th District Honorable Kip Klein Representative, 21st District Honorable Debra A. Mills Representative, 20th District Honorable Jack Vaughan Representative, 20th District Honorable Tom Wilder Representative, 21st District Honorable Charles C. Clay Senator, 37th District Honorable Sallie Newbill Senator, 56th District Honorable Hugh A. Ragan Senator, 32nd District Honorable Steve Thompson Senator, 33rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynda Coker, who, on oath, deposes and says that she is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 17, 1992. /s/ Lynda Coker Representative, 21st District
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Sworn to and subscribed before me, this 20th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. DADE COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 948 (House Bill No. 2172). AN ACT To amend an Act creating the board of commissioners of Dade County, approved April 4, 1991 (Ga. L. 1991, p. 3893), so as to change the composition of the commission districts; to provide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; 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 Dade County, approved April 4, 1991 (Ga. L. 1991, p. 3893), is amended by striking subsections (a) and (b) of Section 2 and inserting in their place new subsections (a) and (b), respectively, to read as follows: (a) The board of commissioners of Dade County shall consist of five members. For the purpose of electing the members of the board of commissioners, Dade County shall be divided in five commission districts as follows:
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Commission District: I DADE COUNTY VTD: 0001 TRENTON AND NORTH DADE (Part) Tract: 0401. Block(s): 126, 512, 513 VTD: 0002 COLE CITY (Part) Tract: 0402. Block(s): 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 168, 169, 170, 171, 172, 173, 174, 176, 177, 178, 179, 181, 182, 183, 185, 186, 187, 188, 189, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278 VTD: 0005 NEW HOME (Part) Tract: 0402. Block(s): 159, 167, 180, 184, 246, 247 Commission District: 2 DADE COUNTY VTD: 0001 TRENTON AND NORTH DADE (Part) Tract: 0401. Block(s): 101, 102, 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 117, 118, 119, 409, 410, 701, 702, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744, 756, 757, 758, 801, 802, 803, 805, 806, 807, 808, 809, 810, 811, 812, 813, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 830, 838, 846, 847, 848, 849, 850, 851, 852, 853, 854, 855, 856, 857, 858 Tract: 0402. Block(s): 102, 129, 132, 175 VTD: 0005 NEW HOME (Part)
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Tract: 0401. Block(s): 114, 115, 116 Tract: 0402. Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 130, 131, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 160, 161, 162, 163, 164, 165, 166 VTD: 0007 WEST BROW (Part) Tract: 0401. Block(s): That part of Block 745 which lies west of the escarpment Commission District: 3 DADE COUNTY VTD: 0001 TRENTON AND NORTH DADE (Part) Tract: 0401. Block(s): 106, 120A, 120B, 120C, 120D, 121A, 121B, 122, 123, 124, 125, 127A, 127B, 128, 129, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223A, 223B, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315A, 316, 317, 318, 319, 320, 322A, 322B, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 507A, 508A, 509A, 510, 829A, 829B, 831, 834, 837, 859, 860, 861, 862A, 862B, 862C, 863, 864, 865, 866A, 866B Commission District: 4 DADE COUNTY VTD: 0001 TRENTON AND NORTH DADE (Part) Tract: 0401. Block(s): That part of Block 428 which lies east of
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the escarpment Block(s): 440, 441, 445, 446, 447, 450 VTD: 0004 SOUTH DADE AND NEW SALEM (Part) Tract: 0401. Block(s): 439, 442, 443, 444, 448, 449, 451, 452, 453, 454, 455, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489 Block(s): That part of Block 490 which lies east and north of the escarpment Block(s): 494, 495, 496, 497, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 630, 631, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 690, 691 VTD: 0007 WEST BROW (Part) Tract: 0401. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 703 Block(s): That part of Block 745 which lies east of the escarpment Block(s): 746, 747, 748, 749, 750, 751, 752, 753, 754, 755, 804, 832, 833, 835, 836, 839, 840, 841, 842, 843, 844, 845 Tract: 0403.98 Block(s): 306A, 307, 312A, 315A Commission District: 5 DADE COUNTY VTD: 0001 TRENTON AND NORTH DADE (Part) Tract: 0401. Block(s): 315B, 321, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427 Block(s): That part of Block 428 which lies west of the escarpment Block(s): 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 501, 502, 503, 504, 505, 506, 507B, 508B, 509B, 511, 514, 515, 516, 517, 521, 522, 523, 524A, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539
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VTD: 0004 SOUTH DADE AND NEW SALEM (Part) Tract: 0401. Block(s): That part of Block 490 which lies south and west of the escarpment Block(s): 491, 492, 493, 509C, 518, 519, 520, 524B, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 632, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684, 685, 686, 687, 688, 689 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commission district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Dade County which is not included in any commission district described in this section shall
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be included within that commission district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Dade County which is described in this section as being included in a particular commission district shall nevertheless not be included within such commission district if such part is not contiguous to such commission district. Such noncontiguous part shall instead be included within that commission district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Dade County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Dade County, approved April 4, 1991 (Ga. L. 1991, p. 3893); and for other purposes. This 17th day of February, 1992. Honorable Michael Snow, Representative, 1st District.
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike 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 19, 1992. /s/ Mike Snow Representative, 1st District Sworn to and subscribed before me, this 18th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 13, 1992. DEKALB COUNTYGOVERNING AUTHORITY; DEFINITION; CODE OF ETHICS; SANCTIONS; REFERENDUM. No. 951 (Senate Bill No. 559). AN ACT To amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), and by an Act establishing a code of ethics for the members of the governing authority
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of DeKalb County, approved March 20, 1990 (Ga. L. 1990, p. 3900), so as to change the definition of member of the governing authority; to provide for sanctions for the violation of the code of ethics; to provide for procedures, requirements, and other matters relative to the foregoing; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), and by an Act establishing a code of ethics for the members of the governing authority of DeKalb County, approved March 20, 1990 (Ga. L. 1990, p. 3900), is amended by striking paragraph (8) of subsection (b) of Section 22A and inserting in its place a new paragraph (8) to read as follows: (8) `Member of the governing authority' or `member' means the Chief Executive or any commissioner of DeKalb County, any member of a board appointed by the governing authority, or any elected or appointed officer or employee of DeKalb County who is not covered by the current or any future merit system of DeKalb County, except Superior and State Court Judges and their immediate staffs, the District Attorney, the solicitor of the State Court, the Clerks of the Superior and State Courts, Magistrates, Judges of the Recorders Court, the Judge of the Probate Court, and their respective staffs. Section 2 . Said Act is further amended by striking subparagraph (i)(5)(B) of Section 22A and inserting in its place a new subparagraph (B) to read as follows: (B) To render advisory opinions with respect to the interpretation and application of this section to all persons
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who seek advice as to whether a particular course of conduct would constitute a violation of the standards imposed in this section or other applicable ethical standards. Such opinions shall be binding on the Board of Ethics in any subsequent complaint concerning the person who sought the opinion and acted in good faith, unless material facts were omitted or misstated in the request for the advisory opinion. Section 3 . Said Act is further amended by striking subparagraph (i)(6)(A) and inserting in its place a new subparagraph (A) to read as follows: (A) Any member of the governing authority who knowingly violates any provision of the code of ethics provided for in this section shall be subject to reprimand, suspension from office for up to 30 days, or removal from office, after notice and hearing, by the affirmative vote of five members of the Board of Ethics. The Board of Ethics by its own motion or as a result of a complaint filed with the Board of Ethics by any citizen or by a group of citizens of DeKalb County may make such investigation as it deems proper to carry out its duties under this paragraph. For the purpose of this paragraph, the Board of Ethics may hold and conduct hearings, issue subpoenas, examine witnesses, and administer oaths. The Board of Ethics shall apply to the Superior Court of DeKalb County for the enforcement of any subpoena issued by the board. Section 4 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The election superintendent shall conduct that election on the same date as the 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 DeKalb County. The ballot shall have written or printed thereon the words:
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() YES () NO Shall the Act be approved which provides for expanded jurisdiction of the Board of Ethics of DeKalb County? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 5 of this Act. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by DeKalb County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 5 . Section 4 of this Act and this section shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. If this Act is approved at the referendum provided for in Section 4 of this Act, the remaining sections of this Act shall become effective on January 1, 1993. 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 1992 session of the General Assembly of Georgia a bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended; and for other purposes.
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This 15th day of Jan., 1992. James W. Tysinger GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Tysinger, who, on oath, deposes and says that he is Senator from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era, which is the official organ of DeKalb, County, on the following date: January 23, 1992. /s/ James W. Tysinger Senator, 41st District Sworn to and subscribed before me, this 28th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 13, 1992. MURRAY COUNTYDEPUTY CORONER; COMPENSATION. No. 952 (Senate Bill No. 575). AN ACT To amend an Act placing the coroner of Murray County on an annual salary, approved February 15, 1980 (Ga. L. 1980, p. 3041), as amended, so as to change provisions relating to the compensation of the deputy coroner; 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 placing the coroner of Murray County on an annual salary, approved February 15, 1980 (Ga. L. 1980, p. 3041), as amended, is amended by striking Section 1.1 in its entirety and inserting in lieu thereof a new Section 1.1 to read as follows: Section 1.1. The coroner is authorized to appoint a deputy coroner as authorized by Code Section 45-16-7 of the O.C.G.A. The deputy coroner shall act as coroner only when the coroner is unable to act. When performing the duties of the coroner, the deputy coroner shall be entitled to the same fees as the coroner would otherwise receive and, in addition thereto, shall receive $100.00 per case in which the deputy coroner performs the duties of the coroner or $10.00 per day for each day the deputy coroner is required to be on call when the coroner is otherwise unavailable or unable to act. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to be introduced at the regular 1992 session of the General Assembly to amend an Act approved February 15, 1980 (Ga. L. 1980, p. 3041), as amended, to change the compensation of the deputy coroner; and for other purposes. This 23rd day of January, 1992. Honorable Tom Ramsey Senator, 54th District (01/29/92)
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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 Chatsworth Times, which is the official organ of Murray County, on the following date: January 29, 1992. /s/ Tom Ramsey Senator, 54th District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 Approved April 13, 1992. BALDWIN COUNTYBOARD OF EDUCATION; COMPENSATION; FUNDS; INSURANCE. No. 953 (Senate Bill No. 623). AN ACT To amend an Act providing for the election of members of the board of education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, so as to change the provisions relating to compensation of the members of the board of education; to provide for approval and for appropriation of funds for salaries and expenses; to authorize the board of education to provide group medical and dental insurance for its members and to provide employer contributions as provided by general law; 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 Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, is amended by adding between Sections 4 and 6 a new Section 5 to read as follows: Section 5. (a) Members of the Baldwin County Board of Education shall receive pay up to $300.00 per month for each month or portion of a month during which they serve on the board of education. In addition, the members of the board shall be reimbursed for actual expenses necessarily incurred in connection with attendance at meetings of the board and while traveling within or outside the state as a member or a committee of the board on official business first authorized by a majority of the members of the board. The accounts for such expenses shall be submitted for approval to the county school superintendent. The compensation of members of the board shall be paid only from the local tax funds available to the board for education purposes, and shall be paid only if the board appropriates money to pay the members such salaries. In the event that the board does not appropriate money to pay such salaries, the board members shall be paid whatever lesser amount is approved and appropriated by majority vote of the board. (b) The Baldwin County Board of Education is authorized to provide group medical and dental insurance for its members who elect to participate in such coverage and to make employer contributions required for such insurance coverage as provided in subsection (b) of Code Section 20-2-55 of the O.C.G.A. 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 1992 session of the General Assembly of Georgia a bill to amend an Act providing for the election of members of the Board of Education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325(; and for other purposes. This 16th day of January, 1992. 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 Union-Recorder which is the official organ of Baldwin County, on the following date: January 18, 1992. /s/ Culver Kidd Senator, 25th 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 Approved April 13, 1992.
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CLAYTON COUNTYHOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 954 (Senate Bill No. 661). AN ACT To amend an Act entitled An Act to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who own and occupy their residences, approved March 28, 1986 (Ga. L. 1986, p. 5019), so as to increase the amount of such exemption; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act entitled An Act to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who own and occupy their residences, approved March 28, 1986 (Ga. L. 1986, p. 5019), is amended by striking in its entirety paragraph (1) of subsection (b) of Section 1 and inserting in lieu thereof the following: (1) Each resident of Clayton County is granted an exemption from all Clayton County ad valorem taxes levied by the county, except taxes to pay interest on and retire bonded indebtedness, in the amount of $10,000.00 of the value of the homestead owned and occupied by said resident within Clayton County. 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 Clayton County shall call and conduct an election for the purpose of submitting this Act to the electors of Clayton 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 Clayton County. The ballot shall have written or printed thereon the words:
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() YES () NO Shall the Act be approved which provides for a homestead exemption from Clayton County ad valorem taxes for county purposes in the amount of $10,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately; 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 Clayton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3 . All laws and parts of laws in conflict with this Act are repealed. MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who own and occupy their residences, approved March 18, 1986 (Ga. L. 1986, p. 5019); and for other purposes. This 4th day of Feb., 1992. Clayton County Legislative Delegation Terrell Starr, 44th District
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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 6, 1992. /s/ Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 13, 1992. CLAYTON JUDICIAL CIRCUITJUDGES; SALARY SUPPLEMENT. No. 955 (Senate Bill No. 662). AN ACT To amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4039), so as to change the county supplement to the state salary of said judges; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1 . An Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4039), is amended by striking from Section 1 the following: $14,000.00, and inserting in lieu thereof the following: $17,000.00, so that when so amended Section 1 shall read as follows: Section 1. In addition to the salary payable from state funds, each judge of the Superior Court of Clayton Judicial Circuit shall receive a supplement of $17,000.00 per annum, payable in equal monthly installments out of the funds of Clayton County. The governing authority of Clayton County is authorized and directed to pay to each judge the compensation provided for in this section. Section 2 . This Act shall become effective on July 1, 1992. Section 3 . All laws and parts of laws in conflict with this Act are repealed. MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act providing for a supplement to the salaries of judges of the Superior Court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4039); and for other purposes.
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This 4th day of February, 1992. Honorable Terrell A. Starr Senator, 44th District 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 6, 1992. /s/ Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 13, 1992. CITY OF POWDER SPRINGSCOUNCIL; ELECTIONS. No. 956 (Senate Bill No. 673). 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), by an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), and by an Act approved April 14, 1991 (Ga. L. 1991, p. 4558), so as to clarify the provisions of the city charter
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relating to the election of the two at-large city council positions; 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), by an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), and by an Act approved April 14, 1991 (Ga. L. 1991, p. 4558), is amended by striking subsection (c) of Section 5.11 and inserting in lieu thereof a new subsection (c) to read as follows: (c) The mayor and the remaining two councilmembers shall be elected at large. The two at-large council positions shall hereafter be known as `At-Large Council Post 1' and `At-Large Council Post 2,' respectively. Candidates for election to either of said positions shall, upon qualifying for such election, designate by post number the specific position sought. The mayor and the said two at-large councilmembers shall be elected at the regular municipal election in 1995 and every four years thereafter; shall take office on the first Monday in January following their elections; and shall, except as otherwise provided in this section, serve for a term of four years and until their successors are elected and qualified. The mayor and the said two at-large councilmembers shall be residents of the City of Powder Springs and may reside anywhere within the city. The at-large council position currently occupied by Councilman George E. Ford shall be known as At-Large Council Post 1, and the at-large council post currently occupied by Councilman Richard Mellichamp shall be known as At-Large Council Post 2. 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 that will be introduced at the regular 1992 session of the General Assembly of Georgia a bill 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; and for other purposes. This 14 day of January, 1992. Jack Vaughan Delegation Secretary Honorable Fred Aiken Representative, 21st District Honorable Bill Atkins Representative, 21st District Honorable Eugene T. Clark Representative, 20th District Honorable Tom Cauthorn Representative, 20th District Honorable Lynda Coker Representative, 21st District Honorable John W. Hammond Representative, 20th District Honorable Kip Klein Representative, 21st District Honorable Debra A. Mills Representative, 20th District Honorable Jack Vaughan Representative, 20th District Honorable Tom Wilder Representative, 21st District Honorable Charles C. Clay Senator, 37th District Honorable Sallie Newbill Senator, 56th District Honorable Hugh A. Ragan Senator, 32nd District Honorable Steve Thompson Senator, 33rd District
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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 17, 1992. /s/ Steve Thompson Senator, 33rd District Sworn to and subscribed before me, this 11th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 13, 1992. CITY OF ATLANTAMUNICIPAL COURT OF ATLANTA; PENALTIES; BAILS; BONDS; MUNICIPAL DETENTION AND PRISON FACILITIES. No. 958 (Senate Bill No. 694). AN ACT To amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, so as to provide for an additional penalty in cases in which fines are imposed and for an additional sum to be posted for bails and bonds in the Municipal Court of Atlanta; to provide that the moneys collected from such additional penalties and sums shall be expended only to fund the staffing, operation, and capital improvement of municipal detention and prison facilities; to provide for annual reports;
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to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, is amended by adding immediately following Section 4-102A a new Section 4-102B to read as follows: Section 4-102B. (a) In every case before the Municipal Court of Atlanta in which the court imposes a fine for a violation of a state law or a city ordinance, there shall be imposed as an additional penalty a sum equal to 10 percent of such fine. (b) At the time of posting bail or bond in any case before the Municipal Court of Atlanta, an additional sum equal to 10 percent of such bail or bond shall be added to the principal bond amount, and in every case in which such court enters judgment on such bail or bond, such additional 10 percent sum posted at the execution of such bail or bond shall be paid pursuant to the time frame provided for in paragraph (1) of subsection (f) of Code Section 17-6-72 of the O.C.G.A. and shall be paid into the special fund provided for in subsection (c) of this section. (c) The additional penalty in cases in which fines are imposed and the additional 10 percent sum posted at the execution of the bail or bond provided for in subsection (a) and (b) of this section shall be collected by the court officer charged with the duty of collecting fines and forfeited bails or bonds and shall be transmitted to the treasury of the City of Atlanta to be placed in a special fund. The moneys in the special fund shall be expended only to fund the staffing, operation, and capital improvement of municipal detention and prison facilities. An annual report of the amount of moneys paid into the special fund and the expenditures made therefrom shall be made to the governing body of the city.
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(d) Except as otherwise provided by this Act, all moneys arising from fines or forfeitures imposed and collected in the Municipal Court of Atlanta shall be paid into the treasury of the City of Atlanta and shall be used exclusively to defray the expense of operating the court. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia legislation to amend an Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb, the title of such bill or bills to be as follows: To amend an Act reincorporating the City of Atlanta and the Counties of Fulton and DeKalb, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, so as to provide for an additional penalty in cases in which fines are imposed and for an additional sum to be posted for bails and bonds in the Municipal Court of Atlanta; to provide that the monies collected from such additional penalties and sums shall be expended only to fund the staffing, operations, and capital improvement of municipal detention and prison facilities; to provide for annual reports; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 16th day of January, 1992. John O'Callaghan, Director Office of Intergovernmental Affairs 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 Decatur-DeKalb
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News/Era, which is the official organ of DeKalb County, on the following date: January 16, 1992. /s/ Michael J. Egan Senator, 40th District Sworn to and subscribed before me, this 13th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia legislation to amend an Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb, the title of such bill or bills to be as follows: To amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, so as to provide for an additional penalty in cases in which fines are imposed and for an additional sum to be posted for bails and bonds in the Municipal Court of Atlanta; to provide that the monies collected from such additional penalties and sums shall be expended only to fund the staffing, operation, and capital improvement of municipal detention and prison facilities; to provide for annual reports; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 16th day of January, 1992. John O'Callaghan Director, Office of Intergovernmental Affairs
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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 16, 1992. /s/ Michael J. Egan Senator, 40th District Sworn to and subscribed before me, this 13th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 13, 1992. CHATHAM COUNTYRECORDER'S COURT; SERVICE BY SENIOR JUDGES. No. 959 (Senate Bill No. 713). AN ACT To amend an Act providing for a chief judge of the Recorder's Court of Chatham County, approved March 31, 1987 (Ga. L. 1987, p. 5156), as amended, particularly by an Act approved April 16, 1990 (Ga. L. 1990, p. 5279), so as to provide that whenever the judges of the recorder's court require the services of an additional judge, they may first request a senior judge to perform such services; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a chief judge of the Recorder's Court of Chatham County, approved March 31, 1987 (Ga. L. 1987, p. 5156), as amended, particularly by an Act approved April 16, 1990 (Ga. L. 1990, p. 5279), is amended by striking subsection (a) of Section 2 in its entirety and inserting in its place a new subsection (a) to read as follows: (a) A judge who has served for a minimum of 15 years as a full-time judge of the recorder's court may, upon completion of the fifteenth year of service, if he or she so elects, become a senior judge of the recorder's court. A senior judge shall be ex officio a judge of the Recorder's Court of Chatham County and shall serve at the request of the judges of the recorder's court; provided, however, whenever the judges of the recorder's court require the services of an additional judge, they may first request a senior judge to perform such services if possible. Except as otherwise provided in subsection (b) of this section, a senior judge of the recorder's court shall be governed by the same rules as a senior judge of the superior courts, with the exception that he or she may, if desired, engage in the practice of law, if otherwise qualified. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice is hereby given that there will be introduced during the 1992 session of the Georgia General Assembly a bill to enact legislation relevant to the Recorder's Court of Chatham County and for other purposes. R. L. Allen, II State Senator 2nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy L. Allen, who, on oath, deposes and says that he is Senator from the 2nd District,
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and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: January 27, 1992. /s/ Roy L. Allen Senator, 2nd District Sworn to and subscribed before me, this 13th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 13, 1992. COBB COUNTYCOMMUNITY IMPROVEMENT DISTRICTS; PURPOSE; LIFE OF A DISTRICT. No. 961 (Senate Bill No. 785). AN ACT To amend an Act entitled the Cobb County Community Improvement Districts Act, approved March 20, 1985 (Ga. L. 1985, p. 4009), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4256), so as to clarify the purpose of this Act; to provide for the life of a district and for procedures to extend the life of a district; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act entitled the Cobb County Community Improvement Districts Act, approved March 20, 1985 (Ga. L. 1985, p. 4009), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4256), is amended by striking
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the introductory language of Section 2 in its entirety and substituting in lieu thereof new introductory language to read as follows: Purpose. The purpose of this Act shall be to provide for the creation of one or more community improvement districts within Cobb County and each municipality therein, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created hereby, or as may be adopted by resolutions of the majority of the electors and the majority of the equity electors present and voting at a meeting of electors and equity electors. A quorum shall consist of those electors and equity electors present. No proxy votes may be cast. Notice of said meeting shall be given to said electors and equity electors by publishing notice thereof in the legal organ of Cobb County at least once each week for four weeks prior to such meeting. Section 2 . Said Act is further amended by striking paragraph (1) of subsection (b) of Section 4 of said Act and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Each community improvement district created under this Act shall have a six-year life and shall automatically become inactive upon the expiration of six years after the date of activation of such district, unless extended by the adoption of resolutions of the majority of the electors and the majority of the equity electors present and voting at a meeting of electors and equity electors. A quorum shall consist of those electors and equity electors present. No proxy vote may be cast. Notice of said meeting shall be given to said electors and equity electors by publishing notice thereof in the legal organ of Cobb County at least once each week for four weeks prior to such meeting. The extension of the life of the district shall be for six more years. There is no limit on the number of extensions which may be enacted. 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 1992 session of the General Assembly of Georgia a bill to an Act entitled the Cobb County Community Improvement Districts Act, approved March 10, 1988 (Ga. L. 1988, p. 3887), as amended; and for other purposes. This 15th day of January, 1992. Jack Vaughan Delegation Secretary Honorable Fred Aiken Representative, 21st District Honorable Bill Atkins Representative, 21st District Honorable Eugene T. Clark Representative, 20th District Honorable Tom Cauthorn Representative, 20th District Honorable Lynda Coker Representative, 21st District Honorable John W. Hammond Representative, 20th District Honorable Kip Klein Representative, 21st District Honorable Debra A. Mills Representative, 20th District Honorable Jack Vaughan Representative, 20th District Honorable Tom Wilder Representative 21st District Honorable Charles C. Clay Senator, 37th District Honorable Sallie Newbill Senator, 56th District Honorable Hugh A. Ragan Senator, 32nd District Honorable Steve Thompson Senator, 33rd District
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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 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 17, 1992. /s/ Steve Thompson Senator, 37th, District Sworn to and subscribed before me, this 28th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 13, 1992. CITY OF CALHOUNAPPROPRIATIONS TO BIG BROTHERS/BIG SISTERS. No. 966 (Senate Bill No. 813). AN ACT To amend an Act to provide a new charter for the City of Calhoun, Georgia, approved April 8, 1983 (Ga. L. 1983, p. 4710), so as to authorize the governing authority of the City of Calhoun to appropriate up to $2,000.00 per fiscal year to Big Brothers/Big Sisters; 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 to provide a new charter for the City of Calhoun, Georgia, approved April 8, 1983 (Ga. L. 1983, p. 4710), is amended by inserting at the end of Section 1-103 the following: (h) The mayor and council shall have the power and authority to allocate up to $2,000.00 per fiscal year as a charitable donation to Big Brothers/Big Sisters. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice is hereby given that there will be introduced during the 1992 regular session of the General Assembly of Georgia a bill to allow the City of Calhoun to make an annual allotment of $2,000.00 to the Big Brother Organization. This the 26th day of February, 1992. John D. Meadows, III City of Calhoun, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W.G. Hasty, Sr., who, on oath, deposes and says that he is Senator from the 51st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times, which is the official organ of Gordon County, on the following date: February 26, 1992. /s/ William G. Hasty, Sr. Senator, 51st District
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Sworn to and subscribed before me, this 3rd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 13, 1992. CHATHAM COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 967 (Senate Bill No. 820). AN ACT To amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. Commissioner Districts. (a) For the purpose of electing members of the board of commissioners, Chatham County is divided into eight commissioner districts as follows:
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Commissioner District: 1 CHATHAM COUNTY VTD: 0001 1-1 VTD: 0002 1-2 VTD: 0003 1-3 VTD: 0005 1-5 VTD: 0006 1-6 VTD: 0007 1-7 VTD: 0009 1-9 VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 601, 602, 603, 604, 605, 606, 607, 608, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713 VTD: 0011 1-11 VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 303, 304, 305, 306, 307, 315, 316 VTD: 0044 4-11 VTD: 0045 4-12 VTD: 0056 6-1 Commissioner District: 2 CHATHAM COUNTY VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0018 2-5 VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0022 2-9 VTD: 0026 3-3 VTD: 0027 3-4 (Part) Tract: 0036.02 Block(s): 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216,
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217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229 VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 401, 406, 409, 410, 419, 420, 421, 433 VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 101, 102A, 104, 105, 106, 107, 110, 111, 112, 113, 114, 117, 118, 119, 306B, 401A Block(s): That part of Block 401B which lies west of Moorings Drive and Moorings Drive extended to a tributary of the Wilmington River Block(s): 402, 404A, 404B, 405, 406, 407, 408, 409 Tract: 0101.01 Block(s): 314A, 318A, 321A, 329A Commissioner District: 3 CHATHAM COUNTY VTD: 0012 1-12 VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 101, 102, 103, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 308, 309, 310, 311, 312D, 314 VTD: 0024 3-1 (Part) Tract: 0008. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 218, 219, 225, 227, 228, 229, 231, 232, 233 Tract: 0013. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 VTD: 0025 3-2 (Part) Tract: 0003. Block(s): 101B, 102, 103, 104, 105, 106, 115, 116, 117, 118, 119, 120, 122, 123, 124, 125, 126, 130, 131, 132, 137, 140, 141, 142, 151, 153, 157, 158, 159, 160, 163, 164, 165, 166, 170, 171, 172, 173, 174, 175, 176, 188, 189, 190, 191, 192, 193, 201,
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203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 222, 225, 240, 241, 244, 301B Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 110, 111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 218, 219, 222, 223, 224, 225, 228, 229, 230, 231, 232 Tract: 0101.01 Block(s): 201, 202, 203B, 204, 205, 304A, 304B, 305A, 305B, 306, 307, 308, 309, 310, 311, 312, 313, 328 Tract: 0106.05 Block(s): 105, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 VTD: 0027 3-4 (Part) Tract: 0022. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328 Tract: 0037. Block(s): 114, 115, 116, 117, 121, 122, 123, 124, 125, 126, 127 VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 101C, 230, 231, 232, 233, 234, 235, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 402, 403, 404, 405, 407, 408, 411, 412, 413, 414, 415, 416, 417, 418, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 501A, 501B, 502, 503, 504A, 504B, 505A, 505B VTD: 0029 3-6 VTD: 0030 3-7 VTD: 0031 3-8 VTD: 0032 3-9 VTD: 0033 3-10 VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 102B
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Block(s): That part of Block 401B which lies east of Moorings Drive and Moorings Drive extended to a tributary of the Wilmington River Block(s): 403 Tract: 0036.02 Block(s): 101D, 312B Tract: 0101.01 Block(s): 301, 302, 303, 314B, 314C, 315, 316, 317, 318B, 319, 320, 321B, 321C, 321D, 322, 329B VTD: 0035 4-2 VTD: 0043 4-10 (Part) Tract: 0038. Block(s): 204B, 307B, 312B, 313B Tract: 0039. Block(s): 201B, 202B Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 407, 408, 409, 410, 411, 412, 413 Commissioner District: 4 CHATHAM COUNTY VTD: 0036 4-3 VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 VTD: 0043 4-10 (Part) Tract: 0110.02 Block(s): 103 Tract: 0110.04 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331
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Commissioner District: 5 CHATHAM COUNTY VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 (Part) Tract: 0045. Block(s): 202, 205, 207, 208, 209, 210, 214A, 214B, 214C, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414A, 414B VTD: 0053 5-8 VTD: 0054 5-9 VTD: 0055 5-10 VTD: 0061 6-6 VTD: 0062 6-7 (Part) Tract: 0109.01 Block(s): That part of Block 101 which lies north of Tibet Avenue extended to its intersection with Hunter Army Airfield VTD: 0074 7-10 VTD: 0086 5-11 Commissioner District: 6 CHATHAM COUNTY VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): 801 VTD: 0057 6-2 VTD: 0059 6-4 VTD: 0060 6-5 VTD: 0062 6-7 (Part) Tract: 0042.03 Block(s): 301, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 413, 415, 416, 419, 420, 421, 422 Tract: 0042.05
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Block(s): 403A, 501, 507 Tract: 0109.01 Block(s): That part of Block 101 which lies south of Tibet Avenue extended to its intersection with Hunter Army Airfield Block(s): 102, 103, 104, 201, 202, 203, 204, 301, 302, 303, 304 VTD: 0063 6-8 VTD: 0064 6-9 VTD: 0072 7-8 (Part) Tract: 0108.98 Block(s): That part of Block 233 which lies southeast of Bush Road extended to its intersection with the Ogeechee River Block(s): 241, 242, 243 Commissioner District: 7 CHATHAM COUNTY VTD: 0065 7-1 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0069 7-5 VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0072 7-8 (Part) Tract: 0108.04 Block(s): 101B, 101E Tract: 0108.97 Block(s): 108A, 109, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 250A, 251B, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275A, 275B, 276, 277, 278B, 280, 281, 282, 283,
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284A, 284B Tract: 0108.98 Block(s): 105A, 105B, 106A, 106B, 107, 108B, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 123, 124, 125, 126, 139, 142, 143, 144, 145, 149, 150, 201B, 202B, 203B, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232 Block(s): That part of Block 233 which lies northwest of Bush Road extended to its intersection with the Ogeechee River Block(s): 234, 235, 236, 237, 238, 244, 245, 246, 247, 248, 249 VTD: 0073 7-9 Commissioner District: 8 CHATHAM COUNTY VTD: 0024 3-1 (Part) Tract: 0003. Block(s): 101A, 107, 108, 109, 110, 111, 112, 113, 114, 121, 127, 128, 129, 133, 134, 135, 136, 138, 139, 143, 144, 145, 146, 147, 148, 149, 150, 152, 154, 155, 156, 161, 162, 167, 168, 169, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 194, 195, 196, 197, 202, 226, 227, 230, 237, 245 VTD: 0046 5-1 VTD: 0047 5-2 VTD: 0052 5-7 (Part) Tract: 0012. Block(s): 112 Tract: 0033.02 Block(s): 201, 206, 207 Tract: 0045. Block(s): 101A, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 134C, 201, 203, 204, 206A, 206B, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 401A VTD: 0075 7-11
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VTD: 0076 8-1 VTD: 0077 8-2 VTD: 0078 8-3 VTD: 0079 8-4 VTD: 0080 8-5 VTD: 0081 8-6 VTD: 0082 8-7 VTD: 0083 8-8 VTD: 0084 8-9 VTD: 0085 8-10 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Chatham County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
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(5) Any part of Chatham County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8 as they existed on January 1, 1992, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section. Section 2 . Said Act is further amended by striking Section 4 and inserting in its place a new Section 4 to read as follows: Section 4. (a) The chairman and members of the board of commissioners in office on January 1, 1992, shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, the chairman and members of the board of commissioners shall be elected pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. (b) All primaries and elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Chatham County to submit this Act to the
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United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4 . All laws and parts of laws in conflict with this Act are repealed. State of Georgia County of Chatham NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia, a bill to amend an Act relating to the Governing Authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to provide new and different districts for the election of members of the Chatham County Board of Commissioners; to provide for other related matters; and for other purposes. This 27th day of February, 1992. James M. Deloach Vice Chairman Chatham County Commission GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Tom Coleman, Jr., who, on oath, deposes and says that he is Senator from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: February 29, 1992.
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/s/ J. Tom Coleman, Jr. Senator, 1st District Sworn to and subscribed before me, this 3rd day of March, 1992. /s/ Alice E. Enright Notary Public, Fulton County, Georgia My Commission Expires March 22, 1994 Approved April 13, 1992. COLUMBIA COUNTYHOMESTEAD EXEMPTION; COUNTY AND SCHOOL DISTRICT TAXES; REFERENDUM. No. 968 (Senate Bill No. 823). AN ACT To provide for a homestead exemption of $20,000.00 from all Columbia County ad valorem taxes and Columbia County School District ad valorem taxes, including taxes levied to pay interest on and to retire bonded indebtedness, for residents of Columbia County and the Columbia County School District who are disabled or who are 62 years of age or older and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year; to provide for a statement of authority; to provide for definitions; to provide for qualifications, practices, and procedures; to provide for forms; to provide for applicability; to provide for related matters; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . This Act is passed pursuant to Article VII, Section II, Paragraph II of the Constitution, authorizing the
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grant of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions. Section 2 . (a) For purposes of this Act, the term: (1) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. Homestead shall also mean otherwise qualified real property of the applicant located in a retirement community which is held by such applicant subject to a written lease for not less than three years prior to the year for which application is made and where the applicant is the owner of all improvements located on the real property. (2) Net income means net income for purposes of computing net taxable income under Chapter 7 of Title 48 of the O.C.G.A., relating to income taxes, but does not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except that such income which is in excess of the maximum amount authorized to be paid to a person and that person's spouse under the federal Social Security Act shall be so included as net income. (b) For purposes of this Act a person is totally disabled if the person has a medically demonstrable condition which renders the person wholly and permanently unable to pursue any gainful employment. The tax officials of Columbia County shall require appropriate proof of such disability, including, if necessary, the affidavits of not more than two licensed physicians as to the person's disability. Section 3 . Each resident of Columbia County who is totally disabled or is 62 years of age or older is granted an exemption on that person's homestead from all Columbia County ad valorem taxes and Columbia 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
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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 4 . A qualified resident of Columbia County shall not receive the benefits of the homestead exemption provided for by Section 3 of this Act unless the resident, or an agent acting on behalf of such resident, files with the tax commissioner of Columbia County an affidavit giving the resident's age or proof of qualifying disability, an application giving the amount of income which the resident and the resident's spouse received during the previous taxable year for income tax purposes, and such additional information as the tax commissioner may require to make a determination as to whether such person is entitled to the exemption. The tax commissioner shall provide the necessary forms for this purpose. Such applications shall be processed in the same manner as other applications for a homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto, but after any such person has filed the proper application and affidavits, as provided in this section, and has been allowed an exemption provided in Section 3 of this Act, it shall not be necessary that he make application and file such affidavits thereafter for any year and such exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the tax commissioner in the event he becomes ineligible for any reason for either of the exemptions provided for in Section 3 of this Act. Section 5 . The exemptions granted by this Act shall be in lieu of and not in addition to any other exemption from Columbia County School District ad valorem taxes and Columbia 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 6 . The exemptions granted by this Act shall apply to the tax year beginning on January 1, 1993, and all tax years thereafter.
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Section 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Columbia County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Columbia County for approval or rejection. The election superintendent shall conduct that 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 Columbia County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a $20,000.00 homestead exemption from Columbia County ad valorem taxes and Columbia County School District ad valorem taxes, including taxes levied to pay interest on and to retire bonded indebtedness, for persons who are disabled or who are over 62 years of age and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
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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 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 1992 session of the General Assembly of Georgia a bill to provide for homestead exemption from ad valorem taxes of Columbia County and the Columbia County School System for certain residents 62 years of age or over; to provide for a referendum; and for other purposes. This 21st day of February, 1992. Honorable G. B. Pollard, Jr. 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: February 26, 1992. /s/ G. B. Pollard, Jr. Senator, 24th District
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Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 13, 1992. CITY OF FRANKLIN SPRINGSNEW CHARTER. No. 969 (Senate Bill No. 824). AN ACT To provide a new charter for the City of Franklin Springs; 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, vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tem. and certain duties, powers, and other matters relative thereto; 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 and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting, budgeting, and appropriations; to provide for city contracts; to provide for the conveyance of property; to provide for bonds for officials; to provide for eminent domain; to provide for prior ordinances, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other
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matters relative to the foregoing; to provide for severability and 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 . Name. This city and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style Franklin Springs, 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 Mayor and to be designated, as the case may be: Official Map of the corporate limits of the City of Franklin Springs, Georgia. Photographic, typed, or other copies of such map or description certified by the city manager shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. Section 1.12 . Powers and Construction. (a) This city shall have all powers possible for a city to have under the present or future constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all 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
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particular powers shall not be construed as limiting in any way the powers of this city. Section 1.13 . Examples of Powers. The powers of this city shall include, but not be limited to, the following: (1) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air, and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal Regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (3) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of 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, 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 processions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees;
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(6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations. (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; (9) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (11) General Health, Safety and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards;
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(12) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail Sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains and squares in the city, to provide for commitment of such 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;
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(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, cable television, and any other public utility; and to fix the penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, 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) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (24) Police and Fire Protection. To exercise the power of arrest through duly appointed police, 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
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which is or may become dangerous or detrimental to the public; (26) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (27) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits
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of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city, for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses and underpasses for private use at such location, and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (33) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equiping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose and collect a sewer connection fee or fees to those connected with the system;
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(34) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish and refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (35) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: Other. 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;
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(41) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the constitution or applicable laws of the State of Georgia. Section 1.14 . Exercise of Powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into the execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE Section 2.10 . City Council Creation, Number, Election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four council members. The mayor and council members shall be elected in the manner provided by this charter. Section 2.11 . City Council Terms and Qualifications for Office. Except as otherwise provided in Article V, the members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless they shall be 21 years of age on or before the date of the election and they shall have been a resident of the city for one
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year immediately prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during their period of service and to be registered and qualified to vote in municipal elections of this city. Section 2.12 . Vacancy; Filling of Vacancies. (a) Vacancies - The office of mayor or council member shall become vacant upon the incumbent's death, resignation, removal of residence from city, missing four consecutive city council meetings without leave from council, 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 council member shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (b) Suspension - Upon the suspension from office of mayor or council member in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. Section 2.13 . Compensation and Expenses. The mayor and council members shall receive compensation and expenses for their services as provided by ordinance. Section 2.14 . Conflicts of Interest; Holding Other Offices. (a) Conflict of Interest - No elected official, appointed officer, or employee of the city or any 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 their official duties or which would tend to impair the independence of their judgment or action in the performance of their 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
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of their official duties or would tend to impair the independence of their judgment or action in the performance of their official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which they are engaged without the proper legal authorization; or use such information to advance the financial or other private interest of themselves 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 their knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which they are 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. Valuables are defined as gifts worth over Fifty ($50.00) Dollars; (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 they have financial interest. (b) Disclosure - Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and they shall disqualify themselves 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
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entity shall disclose such private interest to the governing body of such agency or entity. (c) Use of Public Property - No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Contracts Voidable and Rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city official. (e) Ineligibility of Elected Official - 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 they were elected. No former mayor and no former council member shall hold any compensated appointive office in the city until one year after the expiration of the term for which they were elected. (f) Political Activities of Certain Officers and Employees - No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (g) Penalties for Violation - (1) Any city officer or employee who knowingly conceals such financial interst 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 their office or position. (2) Any officer or employee of the city who shall forfeit their office or position as described in paragraph (1) above, shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
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Section 2.15 . Inquiries and Investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. Section 2.16 . General Power and Authority of the City Council. Except as otherwise provided by the charter, the city council shall be vested with all the powers of government of this city as provided by Article I. Section 2.17 . Eminent Domain. The city council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, cable television systems, gas systems, airports, hospitals, and charitable educational, recreational, sport curative, corrective, detentional, penal and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. Section 2.18 . Oath of Office. The oath of office shall be administered by a person duly authorized by law to administer oaths to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (council member) 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.
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(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 meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting without unanimous consent of such council members present. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made as required by law. Section 2.20 . Rules of Procedure. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping 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 mayor's pleasure. The mayor shall have the power to appoint new members to any committee at any time. Section 2.21 . Quorum: Voting. (a) Three council members shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of council members present shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of council members holding office, then the remaining
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council members 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 council members shall be required for the adoption of any ordinance, resolution or motion. Section 2.22 . Ordinance Form; Procedures. (a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Franklin Springs hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the city clerk and at such other places as the city council may designate. Section 2.23 . Action Requiring an Ordinance. Acts of the city council which have the force and effect of laws shall be enacted by ordinance. Section 2.24 . Emergencies. To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or two council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is
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introduced, but the affirmative vote of at least a majority of the council members present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.25 . Codes of Technical Regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) The requirements of Section 2.22(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.26. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price. Section 2.26 . Signing; Authenticating; Recording; Codification; Printing. (a) The city clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the
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city council may specify. This compilation shall be known and cited officially as Code of Ordinances, City of Franklin Springs, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.27 . City Manager; Appointment; Qualifications; Compensation. The city council may employ a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be employed solely on the basis of the city manager's executive and administrative qualifications. Section 2.28 . Election of Mayor; Forfeiture; Compensation. Except as otherwise provided in Article V, the mayor shall be elected and serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city, and the mayor shall be 21 years of age on or before the date of the election and the mayor shall have been a resident of the city for one year immediately preceding the mayor's election. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit the mayor's office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as for council members.
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Section 2.29 . Chief Executive Officer. The mayor shall be the chief executive officer of this city. He shall possess all of the executive and administrative power 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 2.30 . Powers and Duties of Mayor. As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove all officers, 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 city council a recommended operating budget and recommended capital budget; (5) Submit to the city 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) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (7) Call special meetings of the city council as provided in Section 2.19(b); (8) Approve or disapprove ordinances as provided in Section 2.33;
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(9) Provide for an annual audit of all accounts of the city; (10) Require any department or agency of the city to submit written reports whenever he deems it expedient; (11) Perform such other duties as may be required by law, this charter, or by ordinance; and (12) Vote at city council meetings only in the case of a tie vote by council members. Section 2.31 . Mayor Pro Tem, Election. By a majority vote, the city council shall elect a council member to serve as mayor pro tem. Section 2.32 . Mayor Pro Tem, Power and Duties. During the absence or disability of the mayor for any cause, the mayor pro tem, or in the mayor's absence or disability for any reason, any one of the council members 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 council members. Section 2.33 . Submission of Ordinances to the Mayor; Veto Power. (a) Every ordinance adopted by the city council shall be presented promptly by the city clerk to the mayor. (b) The mayor, within five (5) calendar days of receipt of an ordinance, shall return it to the city clerk. 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 a written statement of the mayor's reasons for the mayor's veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
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(c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by an affirmative vote of two-thirds of its members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) of this section. 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 heads of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and heads of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a head of each department or agency who shall be its principal officer. Each department head shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of their department or agency.
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(e) All department heads 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 which suspension shall be effective immediately following the mayor 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 mayor's action by a vote of three (3) council members. Section 3.11 . Boards, Commissions and Authorities. (a) The city council shall create by ordinances 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, comissions 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 provide by charter or by law, no member of any board, commission, or authority created pursuant to paragraph (c) above shall hold any elective office in the city. (e) Any vacancy on a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission or authority shall assume office until they have executed and filed with the city clerk an oath obligating themselves to faithfully and impartially perform the duties of their 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 (3) members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the city clerk. Section 3.12 . City Attorney. The 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 the city attorney by virtue of the position as city attorney. The city attorney shall serve at the discretion of the city council. Section 3.13 . City Clerk. The city council may appoint a city clerk who shall not be a council member. The city clerk shall be custodian of the official city seal; maintain council records required by this charter; and perform such other duties as may be required by city council. Section 3.14 . City Treasurer. The city council may appoint a financial officer to collect all taxes, licenses, fees, and other monies belonging to the city subject to the provisions of this charter and the ordinances of the city, and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes. The financial officer
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shall also be responsible for the general duties of a treasurer and fiscal officer. Section 3.15 . City Accountant. The city council shall appoint a city accountant to perform the duties of an accountant. The city accountant shall serve at the discretion of the city council. Section 3.16 . Position Classification and Pay Plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. Section 3.17 . Personnel Policies. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods 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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Section 3.18 . Consolidation of Functions. The council may consolidate any two or more of the positions of city clerk, city treasurer, city manager, city tax collector, or of any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. 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 Franklin Springs. Section 4.11 . Chief Judge; Associate Judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless they shall have attained the age of 21 years. All judges shall be appointed by the city council and shall serve at the discretion of the city council. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of a majority of the members present of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that they will honestly and faithfully discharge the duties of their office to the best of their 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. 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.
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(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed three hundred dollars ($300.00) or ten (10) days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of Three Thousand Five Hundred ($3,500.00) Dollars 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 state law or local ordinance. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to the superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, their bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal courts 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 mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Franklin County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4.15 . Rules for Court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS AND REMOVAL
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Section 5.10 . Applicability of General Law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 21, Chapter 3 of the Official Code of Georgia Annotated, as now or hereafter amended. Section 5.11 . Election of the City Council and Mayor. (a) There shall be a municipal general election biennially on the first Tuesday following the first Monday in November in each odd-numbered year. (b) The mayor and two council members who were elected to their respective offices at the municipal general election in 1990, and any person appointed or elected to fill a vacancy in those offices, shall continue to serve out their respective terms of office which shall expire December 31, 1993, and upon the election and qualification of their respective successors. Those successors shall be elected at the municipal general election in 1993, shall take office the first day of January, 1994, and shall serve for terms of office of four years each and until their respective successors are elected and qualified. (c) The two council members who were elected to their respective offices at the municipal general election in 1991, and any person appointed or elected to fill a vacancy in those offices, shall continue to serve out their respective terms of office which shall expire December 31, 1995, and upon the election and qualification of their respective successors. Those successors shall be elected at the municipal general election in 1995, shall take office the first day of January, 1996, and shall serve for terms of office of four years each and until their respective successors are elected and qualified. (d) After successors are elected pursuant to subsections (b) and (c) of this section, successors to the mayor and council members whose terms of office are to expire shall be elected at the municipal general election immediately preceding the expiration of such terms and shall take office the first day of January immediately following that election and serve for terms of office of four years each and until their respective successors are elected and qualified.
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Section 5.12 . Nonpartisan Elections; Plurality Vote. (a) Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. (b) The person receiving a plurality of the votes cast for any city office shall be elected. Section 5.13 . Special Elections; Vacancies. In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within three (3) months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Chapter 3 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended. Section 5.14 . Other Provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. Section 5.15 . Removal of Officers. (a) The mayor, council members, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance or a malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter;
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(5) Abandonment of office or neglect to perform the duties thereof; (6) Failure for any other cause to perform the duties of office as required by this charter or by state law; or, (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 a majority of council members present after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Franklin County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Franklin County following a hearing on a complaint seeking such removal brought by any resident of the City of Franklin Springs. ARTICLE VI FINANCE Section 6.10 . Property Tax. The city council may assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
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Section 6.11 . Millage Rate; Due Dates; Payment Methods. The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation and Business Taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18. Section 6.13 . Licenses; Permits; Fees. The city council by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitates. Section 6.14 . Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and
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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 the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15 . Service Charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.16 . Special Assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.17 . Construction, Other Taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of Delinquent Taxes and Fees. The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
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Section 6.19 . General Obligations Bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20 . Revenue Bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. Section 6.21 . Short-term Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22 . Fiscal Year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the city government. Section 6.23 . Preparation of Budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program and a capital budget, including requirements as to the scope, content and form of such budgets and programs. Section 6.24 . Submission of Operating Budget to City Council. On or before a date fixed by the city council but not later than 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 the mayor may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message and all supporting
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documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25 . Action by City Council on Budget. (a) The city council may amend the operating budget proposed by the mayor; except, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than thirty (30) days prior to the beginning of each fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. 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. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable. Section 6.26 . Tax Levies. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
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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 meting, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. Section 6.28 . Capital Improvements Budget. (a) On or before the date fixed by the city council but no later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with the mayor's recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by the mayor's recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 6.29 . Independent Audit. There shall be an annual independent audit of all city accounts, funds and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
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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 by or submitted and reviewed by the city attorney, and as a matter of course, is signed by the city attorney 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. Section 6.32 . Sale of City Property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley or public place when such swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS
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Section 7.10 . Bonds for Officials. The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11 . Prior Ordinances. All ordinances, resolutions, rules and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council. Section 7.12 . First Election Under This Charter. The first election under this charter shall be held on the Tuesday next following the first Monday in November, 1993. 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 60 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition. Section 7.14 . Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel or offices as may be provided by the city council. Section 7.15 . Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
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Section 7.16 . Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.17 . Effective Date. This Act shall become of full force and effect on June 1, 1992. Section 7.18 . Specific Repealer. An Act incorporating the City of Franklin Springs in the County of Franklin, enacted July 22, 1924 (Ga. L. 1924, p. 561), as amended, is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.19 . General Repealer. 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 1992 session of the General Assembly of Georgia, a bill to reincorporate the City of Franklin Springs in the county of Franklin and to grant a new charter to that municipality under such corporate name and style; to provide for a form of municipal government and for all matters related thereto; and for all other purposes. This 20th day of February, 1992. Michael S. Green, Attorney for the City of Franklin Springs
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Donald Johnson, Jr., who, on oath, deposes and says that he is Senator from the 47th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen, which is the official organ of Franklin County, on the following date: February 27, 1992. /s/ C. Donald Johnson, Jr. Senator, 47th District Sworn to and subscribed before me, this 4th day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 Approved April 13, 1992. CITY OF HOGANSVILLEAD VALOREM SCHOOL TAXES; MAXIMUM MILLAGE RATE; REFERENDUM. No. 970 (Senate Bill No. 826). 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 a specific law; 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 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 lieu thereof 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 January 1, 1992, 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 the City of Hogansville 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 the date of the July, 1992, general primary and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of 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
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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 upon the certification of the results thereof to the Secretary of State. 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 . An Act entitled 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., approved April 4, 1991 (Ga. L. 1991, p. 4427), is repealed in its entirety. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice is given that there will be introduced at the regular 1992 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, 1993 (Ga. L. 1993, p. 424), as amended, so as to revise provisions relating to school taxes; and for other purposes. This 26th day of February, 1992 Honorable Quillian Baldwin Senator, 29th District
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Quillian Baldwin, Jr., who, on oath, deposes and says that he is Senator from the 29th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following date: February 28, 1992. /s/ A. Quillian Baldwin, Jr. Senator, 29th District Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 13, 1992. FAYETTE COUNTYBOARD OF COMMISSIONERS; COMPENSATION; EXPENSES. No. 971 (Senate Bill No. 827). AN ACT To amend an Act creating the Board of Commissioners of Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended, particularly by an Act approved March 30, 1977 (Ga. L. 1977, p. 4264), an Act approved March 13, 1978 (Ga. L. 1978, p. 3393), and an Act approved March 19, 1987 (Ga. L. 1987, p. 4409), so as to provide for an increase in the amount of compensation for the chairman of the Board of Commissioners of Fayette County and members of the Board of Commissioners of Fayette County; to eliminate provisions for the payment of expenses to the chairman and the members of the Board of
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Commissioners of Fayette County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Board of Commissioners of Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended, particularly by an Act approved March 30, 1977 (Ga. L. 1977, p. 4264), an Act approved March 13, 1978 (Ga. L. 1978, p. 3393), and an Act approved March 19, 1987 (Ga. L. 1987, p. 4409), is amended by striking Sections 7 and 7A in their entirety and inserting in their place a new Section 7 to read as follows: Section 7. The chairman of the Board of Commissioners of Fayette County shall be compensated in the amount of $11,400.00 per annum, payable in equal monthly installments from the funds of Fayette County. The other four members of the board shall be compensated in the amount of $9,000.00 per annum each, payable in equal monthly installments from the funds of Fayette County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given, pursuant to O.C.G.A. Section 28-1-14, that legislation will be introduced in the General Assembly of the State of Georgia at the 1992 session to amend Georgia Laws 1959, Page 2431 et. seq. and as thereafter amended so as to increase the compensation of the Chairman of the Board of Commissioners of Fayette County and members of the Board of Commissioners of Fayette County and to eliminate the monthly expenses provided to the Chairman of the Board of Commissioners
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of Fayette County and members of the Board of Commissioners of Fayette County; and for other purposes. This 6th day of February, 1992. William R. McNally County Attorney Fayette County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Judy Moye, who, on oath, deposes and says that she is Senator from the 34th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County, on the following date: February 12, 1992. /s/ Judy Moye Senator, 34th District Sworn to and subscribed before me, this 4th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 13, 1992.
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RICHMOND COUNTYBOARD OF EDUCATION; COMPOSITION; DISTRICTS; ELECTIONS; TERMS; EQUAL OPPORTUNITY; DIRECTOR AND STAFF. No. 974 (Senate Bill No. 848). AN ACT To amend an Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 29, 1984 (Ga. L. 1984, p. 5119), so as to change the composition of the Board of Education of Richmond County; to reapportion the districts for election of members of the board of education; to provide for elections pursuant to such reapportionment of districts; to provide for definitions; to provide for terms of office; to provide for procedures; to provide for equal opportunity for employment, promotion, and appointment; to provide for an equal opportunity director; to provide for staff and their duties; to provide for the submission of this Act to the United States Attorney General; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 29, 1984 (Ga. L. 1984, p. 5119), is amended by striking paragraph (2) of subsection (e) of Section 1 of said Act and inserting in lieu thereof a new paragraph (2) to read as follows: (2) For the purpose of electing members of the Board of Education of Richmond County, the Richmond County School District is divided into ten school board districts as follows:
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School Board District: 1 RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 (Part) Tract: 0007. Block(s): 112, 113, 114, 115, 117, 118, 125, 126, 128, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 319, 320, 323, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 419, 420, 421, 422 Tract: 0009. Block(s): 101, 102, 103, 201, 202, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 404, 405, 406, 407 Tract: 0015. Block(s): 101A, 103, 307, 308, 309 Tract: 0106. Block(s): 902A, 902B, 902C, 906A, 906B, 907, 915A, 915B, 917, 918, 919, 920A VTD: 0004 2A VTD: 0012 5 VTD: 0013 5A VTD: 0019 7 (Part) Tract: 0001. Block(s): 209, 210, 211, 302, 303, 304, 305, 409, 410, 413 VTD: 0020 7A VTD: 0021 8 (Part) Tract: 0001. Block(s): 415, 501, 502, 505, 506, 507, 508, 509, 511, 512, 516A, 516B VTD: 0022 8A (Part) Tract: 0016. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 219A, 233 VTD: 0026 85-1
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School Board District: 2 RICHMOND COUNTY VTD: 0003 2 (Part) Tract: 0009. Block(s): 402, 403, 408, 409, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 601, 605 VTD: 0005 3 (Part) Tract: 0009. Block(s): 602, 606, 607, 608, 609, 610, 612, 613 Tract: 0010. Block(s): 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 419, 420, 422, 423, 430, 431, 432, 433, 434, 435, 440, 441, 444 VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0039 88-1 VTD: 0042 88-4 VTD: 0044 88-6 School Board District: 3 RICHMOND COUNTY VTD: 0005 3 (Part) Tract: 0010. Block(s): 406, 415, 416, 417, 418, 428, 429, 436, 437, 438, 439, 442 VTD: 0015 6 (Part) Tract: 0011. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206 Tract: 0012. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 512, 513 VTD: 0017 6B VTD: 0019 7 (Part)
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Tract: 0001. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 212, 213, 301, 411, 412 Tract: 0002. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311 Tract: 0011. Block(s): 101, 102, 103, 104, 105, 209, 210, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 310, 311, 312, 315 VTD: 0021 8 (Part) Tract: 0001. Block(s): 414 Tract: 0011. Block(s): 304, 305, 306, 307, 308, 309, 313, 314, 316, 317, 318, 319, 320, 321 Tract: 0012. Block(s): 605, 606, 607, 608 VTD: 0022 8A (Part) Tract: 0011. Block(s): 207, 208 Tract: 0012. Block(s): 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B Tract: 0016. Block(s): 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202A, 205, 206, 207A, 208A, 209, 212, 213A, 215, 216, 217, 218, 226A, 227A VTD: 0046 89-1 VTD: 0051 89-6 VTD: 0055 89-10 VTD: 0058 90-3 VTD: 0060 90-5 (Part) Tract: 0016. Block(s): 301, 317, 318, 324, 327, 501, 502, 503B, 504, 513, 515, 516, 517, 901B, 901C Tract: 0101.05 Block(s): 525, 526, 527, 528, 529, 530, 531, 532 Tract: 0102.01 Block(s): 402, 404, 418, 419, 420, 421, 422, 430, 431 Tract: 0102.03 Block(s): 401, 402, 403
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Tract: 0102.04 Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 901, 902, 903, 904, 905 School Board District: 4 RICHMOND COUNTY VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 101, 102, 103, 105, 106, 107, 108, 109 VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153 Tract: 0107.04 Block(s): 101, 103, 148, 149, 150, 151, 152, 153, 154 Tract: 0108. Block(s): 901F VTD: 0049 89-4 VTD: 0053 89-8 School Board District: 5 RICHMOND COUNTY VTD: 0006 3A VTD: 0007 3B VTD: 0015 6 (Part) Tract: 0012. Block(s): 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, 501, 506, 507, 508, 509, 510, 511, 901A Tract: 0013. Block(s): 207, 208, 210, 211, 212, 213, 214, 215, 216, 225A VTD: 0016 6A VTD: 0018 6C VTD: 0021 8 (Part) Tract: 0012. Block(s): 402, 616
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VTD: 0023 8B VTD: 0024 8C VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0043 88-5 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0052 89-7 School Board District: 6 RICHMOND COUNTY VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 401 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 244, 245, 246, 247 VTD: 0032 86-4 (Part) Tract: 0107.04 Block(s): 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 141, 141, 142, 143, 144, 145, 146, 147, 155, 156, 157, 158, 159, 160, 161, 162, 163 VTD: 0035 86-7 VTD: 0036 86-8 (Part) Tract: 0107.06 Block(s): 106, 107, 108, 109, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306 VTD: 0050 89-5 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5 VTD: 0068 FG6
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School Board District: 7 RICHMOND COUNTY VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0059 90-4 VTD: 0060 90-5 (Part) Tract: 0102.01 Block(s): 401, 403, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 426 School Board District: 8 RICHMOND COUNTY VTD: 0029 86-1 VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439 Tract: 0105.11 Block(s): 202, 203, 204, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 321, 322, 323, 324, 325, 326, 414 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 239, 240, 241, 242, 243 VTD: 0033 86-5 VTD: 0034 86-6 VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 936B, 941, 942, 943, 945, 946, 947, 948B, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973 Tract: 0107.06 Block(s): 101, 102, 103, 104, 105, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133,
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134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 201, 202 Tract: 0109.02 Block(s): 102 VTD: 0048 89-3 School Board District: 9 A combination of School Board Districts 1, 2, 4, and 5 as each is described in detail above by Tract, Block, and VTD. School Board District: 10 A combination of School Board Districts 3, 6, 7, and 8 as each is described in detail above by Tract, Block, and VTD. Section 2 . Said Act is further amended by striking subsection (f) of Section 1 of said Act and inserting in lieu thereof a new subsection (f) to read as follows: (f) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Whenever the description of any school board district refers to a named city, it shall mean the geographical
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boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any school board district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of the Richmond County School District which is not included in any school board district described in this section shall be included within that school board district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of the Richmond County School District which is described in this section as being included in a particular school board district shall neverthless not be included within such school board district if such part is not contiguous to such school board district. Such noncontiguous part shall instead be included within that school board district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 3 . Said Act is further amended by striking subsections (g), (h), (i), (j), and (k) of Section 1 of said Act and inserting in lieu thereof new subsections (g), (h), (i), (j), and (k) to read as follows: (g) Those members of the Board of Education of Richmond County serving as such on January 1, 1992, under the previously existing provisions of this section shall serve out their respective terms of office but shall be deemed to be serving out those terms in designated school board districts as follows:
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Mrs. B. J. Annis School Board District 3 Mr. Jerry Brigham School Board District 1 Mrs. Mary Ann Brinkman School Board District 8 Mr. John Chavous School Board District 10 Mr. Bill Lee IV School Board District 7 Mr. Y. N. Myers School Board District 5 Mrs. Barbara Padgett School Board District 6 Mrs. Kingsley Riley School Board District 9 Dr. Justine Washington School Board District 2 No board member is assigned to School Board District 4, which shall be filled at the 1992 November general election. (h) Those members of the board who, under subsection (g) of this section, are deemed to be serving out their terms in designated School Board Districts 1, 5, 8, and 10 shall serve until December 31, 1992, and their respective successors shall be elected from School Board Districts 1, 5, 8, and 10 in the 1992 November general election. The first members first elected from School Board Districts 1, 5, 8, and 10 shall serve, beginning January 1, 1993, for initial terms of four years each and until their respective successors are elected and qualified. Those members of the board who, under subsection (g) of this section are deemed to be serving out their terms in designated School Board Districts 2, 3, 6, 7, and 9 shall serve until December 31, 1994, and until their respective successors are elected and qualified. (i) At the 1994 November general election, successors to those members of the board from School Board Districts 2, 3, 6, 7, and 9, all of whose terms expire December 31, 1994, shall be elected to serve, beginning January 1, 1995, for terms of four years each and until their respective successors are elected and qualified.
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(j) The first member elected from School Board District 4 shall serve, beginning January 1, 1993, for an initial term of four years and until his or her successor is elected and qualified. (k) (1) Successors to members of the board whose terms expire after December 31, 1994, shall be elected at the general election immediately preceding the expiration of their respective member's term of office, and shall take office on the first day of January immediately following the election for terms of four years and until the election and qualification of their respective successors. (2) Each member elected to the board in the 1992 November general election or any election thereafter shall be elected by a majority of the voters voting within the school board district of that member. Section 4 . Said Act is further amended by adding a new Section 1.1 to read as follows: Section 1.1 (a) It shall be the policy of the Board of Education of Richmond County that all citizens shall have equal opportunity for employment, promotion, and appointment by the board of education. It shall further be the express policy of the board of education that all persons shall have equal opportunity for conducting business with the board of education to the greatest extent possible. (b) In furtherance of the policies stated in subsection (a) of this section, the board of education shall employ or assign a person to serve as equal employment opportunity director. This position shall have such staff and duties as the board of education may from time to time determine, and the duties of such person shall include the following: (1) To advise the board of education and its officers on ways and means to promote and increase business relations between the board of education and minority owned firms and businesses; and
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(2) To advise the board of education on ways and means to promote minority business opportunities within the jurisdiction of the board of education and to implement such programs as the board of education may adopt to promote minority business opportunities. Section 5 . (a) It shall be the duty of the attorney of the Board of Education of Richmond County to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965, as amended; and it shall be the duty of the Board of Education of Richmond County to direct and ensure that such submission is made by the board's attorney or some other attorney if the board's attorney fails to act. It shall be the duty of the board of education and the board's attorney to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or it becomes law without such approval and to ensure that such submission contains all materials necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General. (b) If, as of the first date upon which candidates may begin qualifying for nomination as candidates for members on the Board of Education of Richmond County for election in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 6 . All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia, a bill to amend an Act entitled An Act to Regulate Public Instruction in the County of Richmond, approved August 23, 1972 (Ga. Laws 1972, p. 456), as amended particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1435), an Act approved March 21, 1974, (Ga. Laws, 1974, p. 2545), an Act approved
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April 11, 1979 (Ga. L. 1979, p. 3990) and an Act approved April 6, 1981, (Ga. L. 1981, p. 3677) Act approved March 29, 1984 (Ga. L. 1984, p. 5119) an Act approved in 1987 and an Act approved in 1989, to provide for the election districts of board members; to provide for the terms of office and transitions; to provide for biennial elections for the members of the Board of Education; to provide for other matters relating to the foregoing; to repeal conflicting laws; and for other purposes. This 4th day of February, 1992. LEONARD O. FLETCHER, JR. Attorney for the County Board of Education of Richmond County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Walker, who, on oath, deposes and says that he is Senator from the 22nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald, which is the official organ of Richmond County, on the following date: February 13, 1992. /s/ Charles W. Walker Senator, 22nd District Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 13, 1992.
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CITY OF POWDER SPRINGSHOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 975 (Senate Bill No. 858). AN ACT To provide for a homestead exemption of $10,000.00 from all Powder Springs, Georgia, ad valorem taxes for residents of Powder Springs, Georgia, who are disabled and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year; to provide for a statement of authority; to provide for the calculation of income and amounts to be included in such calculation; to provide for disability and the determination thereof; to provide for qualifications, practices, and procedures; to provide for forms and certificates; to provide for the applicability or inapplicability of other exemptions; to provide for exceptions; to provide for superseding certain exemptions or portions thereof; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . This Act is passed pursuant to Article VII, Section II, Paragraph II of the Constitution of the State of Georgia of 1983, which authorizes the granting of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions. Section 2 . Each resident of the City of Powder Springs who is disabled is granted an exemption from all Powder Springs municipal ad valorem taxes in the amount of $10,000.00 on a homestead owned and occupied by such resident as a residence if his or her net income, together with the net income of his or her spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources does not exceed $15,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this Act, net income shall include, without limitation, income received as retirement, survivor, or disability benefits under the
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federal Social Security Act or under any other public or private retirement, disability, or pension system. The value of the residence in excess of the above-exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for in this Act, the person claiming such exemption shall be required to obtain a certificate from not less than one nor more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the Official Code of Georgia Annotated certifying that such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such person shall not receive the benefits of such homestead exemption unless such person or his or her agent provides the tax commissioner of Cobb County with the certificates provided for in this Act and files an application with such tax commissioner giving the amount of income which such person and his or her spouse received during the last taxable year for income tax purposes and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall provide the necessary forms for this purpose. Such applications shall be processed in the same manner as other applications for a homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto, but after any such person has filed the proper application and certificates, as provided above, and has been allowed the exemption provided in this Act, it shall not be necessary that he or she make application and file such certificates thereafter for any year and such exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the tax commissioner in the event he or she becomes ineligible for any reason for the exemption provided in this Act. The increased exemption provided for in this Act shall apply to all taxable years beginning after December 31, 1992. Section 3 . The exemption granted by Section 2 of this Act shall be in lieu of and not in addition to any exemption from Powder Springs municipal ad valorem taxes which is lower in amount for any taxable year and which is granted by the Constitution or laws of this state. If the amount of any other exemption
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applicable to any resident is greater than or is increased to an amount greater than the amount of the exemption granted by Section 2 of this Act, then such exemption shall apply rather than the exemption granted by Section 2 of this Act. Section 4 . The exemption granted by Section 2 of this Act shall not apply to or affect any taxes levied on behalf of Cobb County, the Cobb County School System, or state taxes, nor shall it affect or supersede any existing homestead exemption from Cobb County or Cobb County School System ad valorem taxes. Section 5 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Powder Springs, Georgia, shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Powder Springs, Georgia, for approval or rejection. The election superintendent shall conduct that election on November 3, 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 Cobb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a homestead exemption of $10,000.00 from all Powder Springs municipal ad valorem taxes for residents of Powder Springs who are disabled and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the
Page 6240
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 Powder Springs, Georgia. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 6 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide a homestead exemption for certain disabled persons for ad valorem taxes for municipal purposes levied by the City of Powder Springs; to provide for a referendum, and for other purposes. This 9th day of March, 1992. Charles C. Clay Senator, 37th 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: March 10, 1992. /s/ Steve Thompson Senator, 33rd District
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Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 13, 1992. CLARKE COUNTYHOMESTEAD EXEMPTION; COUNTY AND SCHOOL DISTRICT TAXES; REFERENDUM. No. 976 (Senate Bill No. 861). AN ACT To grant to residents of Clarke County and the Clarke County School District, upon their homesteads, an exemption of $10,000.00 from certain ad valorem taxes levied by the Unified Government of Athens-Clarke County, Georgia, and levied by, for, or on behalf of the Clarke County School District; to provide that the exemption will be phased in for certain residents; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for special elections; 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 . As used in 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 Clarke County School District, except ad valorem taxes to retire bonded indebtedness.
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(2) Ad valorem taxes for Unified Government purposes means all ad valorem taxes levied by the Unified Government, except ad valorem taxes to retire bonded indebtedness, except ad valorem taxes levied for the Hospital Authority of Clarke County, and except ad valorem taxes levied within the urban services areas for higher levels of duties, functions, and services which benefit primarily the residents of such urban services areas. (3) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (4) Unified Government means the Unified Government of Athens-Clarke County, Georgia, as provided in an Act approved March 2, 1990 (Ga. L. 1990, p. 3560). Section 2 . In lieu of any other exemption from ad valorem taxes for Unified Government purposes, each resident of Clarke County who is eligible for the exemption from ad valorem taxes for county purposes pursuant to Code Section 48-5-44 of the O.C.G.A. is granted an exemption on that person's homestead from all ad valorem taxes for Unified Government purposes in the amount of $6,000.00 of the assessed value of that homestead for the first taxable year beginning after December 31, 1992, and in the amount of $10,000.00 of the assessed value of that homestead for all taxable years beginning after December 31, 1993. Any person who, as of January 1, 1993, has applied for and is eligible for that exemption granted by the general law referred to in this section shall be eligible without further application for the increased exemption granted by this section. Section 3 . In lieu of any other exemption from ad valorem taxes for educational purposes, each resident of the Clerke County School District who is eligible for the exemption from ad valorem taxes for education purposes pursuant to Code Section 48-5-44 of the O.C.G.A. is granted an exemption on that person's homestead from all ad valorem taxes for educational purposes in the amount of $6,000.00 of the assessed value of that homestead for the first taxable year beginning after December 31, 1992, and in the amount of $10,000.00 of the assessed value of that homestead for all taxable years beginning after December 31, 1993. Any person who, as of January 1, 1993, has applied
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for and is eligible for that exemption granted by the general law referred to in this section shall be eligible without further application for the increased exemption granted by this section. Section 4 . In lieu of any other exemption from ad valorem taxes for Unified Government purposes, each resident of Clarke County who is 65 years of age or over is granted an exemption on that person's homestead from all ad valorem taxes for Unified Government purposes in the amount of $10,000.00 of the assessed value of that homestead for each taxable year beginning after December 31, 1992. Any person who, as of January 1, 1993, has applied for and is eligible for that exemption from county ad valorem taxes granted by Code Section 48-5-47 of the O.C.G.A. shall be eligible without further application for the increased exemption granted by this section. Section 5 . In lieu of any other exemption from ad valorem taxes for educational purposes, each resident of the Clarke County School District who is 65 years of age or over is granted an exemption on that person's homestead from all ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for each taxable year beginning after December 31, 1992. Any person who, as of January 1, 1993, has applied for and is eligible for that exemption from school ad valorem taxes granted by Code Section 48-5-47 of the O.C.G.A. shall be eligible without further application for the increased exemption granted by this section. Section 6 . The exemptions granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The value of the homestead in excess of the amount exempted by the applicable provisions of this Act shall remain subject to taxation. Section 7 . After any such resident has been allowed the exemptions provided in this Act, it shall not be necessary that such person make application and file such affidavit for any year thereafter and such exemptions shall continue to be allowed to such person. It shal be the duty of any resident of Clarke County or the Clarke County School District who has claimed the homestead exemptions provided for in this Act to notify the tax commissioner of Athens-Clarke County, Georgia,
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in the event that resident becomes ineligible for any reason to receive any such homestead exemption. Section 8 . The exemptions granted by this Act shall not apply to or affect any state taxes, taxes leied by any municipality other than the Unified Goernment, taxes to retire bonded indebtedness, taxes leied for the Hospital Authority of Clarke County, or the additional taxes leied for additional services within the urban services district of the Unified Government. Section 9 . The tax commissioner of Athens-Clarke County, Georgia, shall provide application forms for the exemptions granted by this Act and shall require with the initial application an affidavit as to information necessary to determine the eligibility of an applicant for those exemptions. Section 10 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Clarke County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Clarke County and the Clarke County School District for approval or rejection. The election superintendent shall conduct that election on the date of the state-wide general primary 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 Clarke County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which grants to residents of Clarke County and the Clarke County School District, upon their homesteads, an exemption of $10,000.00 from certain ad valorem taxes levied by the Unified Government of Athens-Clarke County, Georgia, and certain ad valorem taxes levied by, for, or on behalf of the
Page 6245
Clarke County School District and which phases in that exemption for certain residents? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this 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 Clarke County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 11 . This section and Section 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective as provided in Section 4 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 hereby given that the CEO and Commission of the Unified Government of Athens-Clarke County, Georgia intends to apply to the General Assembly at the 1992 regular session thereof, for a bill to introduce legislation so as to increase the homestead exemption for home-owners in Athens-Clarke County, Georgia. This notice is given pursuant to Section 28-1-14 OCGA. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul C. Brou, who, on
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oath, deposes and says that he is Senator from the 46th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Banner-Herald, which is the official organ of Clarke County, on the following date: March 10, 1992. /s/ Paul C. Broun Senator, 46th District Sworn to and subscribed before me, this 18th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 13, 1992. MURRAY COUNTYSCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 1048 (Senate Bill No. 576). AN ACT Providing for the appointment of the School Superintendent of Murray County by the Board of Education of Murray County; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The School Superintendent of Murray County shall be appointed by the Board of Education of Murray County. The school superintendent shall be the executive officer of the board of education and shall have such qualifications, powers, and duties as provided by general law. The school superintendent elected at the general election in November, 1992,
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shall continue to serve out the term of office for which elected and shall be replaced by an appointee of the board of education at the expiration of such term, December 31, 1996. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Murray County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Murray County School District for approval or rejection. The election superintendent shall conduct that election on the date of the 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 Murray County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the appointment of the School Superintendent of Murray County by the Board of Education of Murray County? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, 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 Murray 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide for the appointment of the school superintendent of Murray County by the Board of Education; to provide for a referendum; and for other purposes. This 23rd day of January, 1992. Honorable Tom Ramsey Senator, 54th District (01/29/92) 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 Chatsworth Times, which is the official organ of Murray County, on the following date: January 29, 1992. /s/ Tom Ramsey Senator, 54th District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 Approved April 13, 1992.
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RICHMOND COUNTYBOARD OF COMMISSIONERS; COMPOSITION; TERMS; ELECTIONS; VACANCIES; DISTRICTS; MEETINGS; COMPENSATION; EQUAL OPPORTUNITY. No. 1064 (House Bill No. 2069). AN ACT To amend an Act creating the Board of Commissioners of Richmond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4245), so as to change the composition of the board; to provide for a chairperson and vice chairperson; to provide for board member qualifications, terms, and manner of election and filling vacancies; to provide for commissioner districts; to provide for board organization, voting, meetings, compensation, and allowances; to provide for definitions and insertions; to provide for the completion of terms by members serving on the board on January 1, 1992, in designated districts; to provide for a statement of policy of the board of commissioners; to provide for powers and duties of the board of commissioners; to provide for equal opportunity for employment, promotion, and appointment; to provide for an equal opportunity director and a director of minority business opportunities; to provide for staff and their duties; to provide for the submission of this Act to the United States Attorney General; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain 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 Richmond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4245), is amended by striking Sections 1 and 2 and inserting in their place a new Section 1 to read as follows:
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Section 1. (a) Beginning January 1, 1993, the governing authority of Richmond County shall be a board of commissioners of said county, referred to in this section as the board, consisting of eight members. (b) For the purpose of the board established in subsection (a) of this section, Richmond County is divided into eight commissioner districts as follows: Commissioner District: 1 RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 (Part) Tract: 0007. Block(s): 112, 113, 114, 115, 117, 118, 125, 126, 128, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 319, 320, 323, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 419, 420, 421, 422 Tract: 0009. Block(s): 101, 102, 103, 201, 202, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 404, 405, 406, 407 Tract: 0015. Block(s): 101A, 103, 307, 308, 309 Tract: 0106. Block(s): 902A, 902B, 902C, 906A, 906B, 907, 915A, 915B, 917, 918, 919, 920A VTD: 0004 2A VTD: 0012 5 VTD: 0013 5A VTD: 0019 7 (Part) Tract: 0001. Block(s): 209, 210, 211, 302, 303, 304, 305, 409, 410, 413 VTD: 0020 7A VTD: 0021 8 (Part)
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Tract: 0001. Block(s): 415, 501, 502, 505, 506, 507, 508, 509, 511, 512, 516A, 516B VTD: 0022 8A (Part) Tract: 0016. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 219A, 233 VTD: 0026 85-1 Commissioner District: 2 RICHMOND COUNTY VTD: 0003 2 (Part) Tract: 0009. Block(s): 402, 403, 408, 409, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 601, 605 VTD: 0005 3 (Part) Tract: 0009. Block(s): 602, 606, 607, 608, 609, 610, 612, 613 Tract: 0010. Block(s): 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 419, 420, 422, 423, 430, 431, 432, 433, 434, 435, 440, 441, 444 VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0039 88-1 VTD: 0042 88-4 VTD: 0044 88-6 Commissioner District: 3 RICHMOND COUNTY VTD: 0005 3 (Part) Tract: 0010. Block(s): 406, 415, 416, 417, 418, 428, 429, 436, 437, 438, 439, 442
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VTD: 0015 6 (Part) Tract: 0011. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206 Tract: 0012. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 512, 513 VTD: 0017 6B VTD: 0019 7 (Part) Tract: 0001. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 212, 213, 301, 411, 412 Tract: 0002. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311 Tract: 0011. Block(s): 101, 102, 103, 104, 105, 209, 210, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 310, 311, 312, 315 VTD: 0021 8 (Part) Tract: 0001. Block(s): 414 Tract: 0011. Block(s): 304, 305, 306, 307, 308, 309, 313, 314, 316, 317, 318, 319, 320, 321 Tract: 0012. Block(s): 605, 606, 607, 608 VTD: 0022 8A (Part) Tract: 0011. Block(s): 207, 208 Tract: 0012. Block(s): 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B Tract: 0016. Block(s): 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202A, 205, 206, 207A, 208A, 209, 212, 213A, 215, 216, 217, 218, 226A, 227A VTD: 0046 89-1 VTD: 0051 89-6 VTD: 0055 89-10 VTD: 0058 90-3 VTD: 0060 90-5 (Part)
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Tract: 0016. Block(s): 301, 317, 318, 324, 327, 501, 502, 503B, 504, 513, 515, 516, 517, 901B, 901C Tract: 0101.05 Block(s): 525, 526, 527, 528, 529, 530, 531, 532 Tract: 0102.01 Block(s): 402, 404, 418, 419, 420, 421, 422, 430, 431 Tract: 0102.03 Block(s): 401, 402, 403 Tract: 0102.04 Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 901, 902, 903, 904, 905 Commissioner District: 4 RICHMOND COUNTY VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 101, 102, 103, 105, 106, 107, 108, 109 VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153 Tract: 0107.04 Block(s): 101, 103, 148, 149, 150, 151, 152, 153, 154 Tract: 0108. Block(s): 901F VTD: 0049 89-4 VTD: 0053 89-8 Commissioner District: 5 RICHMOND COUNTY VTD: 0006 3A VTD: 0007 3B VTD: 0015 6 (Part) Tract: 0012. Block(s): 112, 113, 201, 202, 203, 204, 205, 206, 207,
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208, 501, 506, 507, 508, 509, 510, 511, 901A Tract: 0013. Block(s): 207, 208, 210, 211, 212, 213, 214, 215, 216, 225A VTD: 0016 6A VTD: 0018 6C VTD: 0021 8 (Part) Tract: 0012. Block(s): 402, 616 VTD: 0023 8B VTD: 0024 8C VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0043 88-5 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0052 89-7 Commissioner District: 6 RICHMOND COUNTY VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 401 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 244, 245, 246, 247 VTD: 0032 86-4 (Part) Tract: 0107.04 Block(s): 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 155, 156, 157, 158, 159, 160, 161, 162, 163 VTD: 0035 86-7 VTD: 0036 86-8 (Part) Tract: 0107.06
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Block(s): 106, 107, 108, 109, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306 VTD: 0050 89-5 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5 VTD: 0068 FG6 Commissioner District: 7 RICHMOND COUNTY VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0059 90-4 VTD: 0060 90-5 (Part) Tract: 0102.01 Block(s): 401, 403, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 426 Commissioner District: 8 RICHMOND COUNTY VTD: 0029 86-1 VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439 Tract: 0105.11 Block(s): 202, 203, 204, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 321, 322, 323, 324, 325, 326, 414 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 239, 240, 241, 242, 243 VTD: 0033 86-5 VTD: 0034 86-6
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VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 936B, 941, 942, 943, 945, 946, 947, 948B, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973 Tract: 0107.06 Block(s): 101, 102, 103, 104, 105, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 201, 202 Tract: 0109.02 Block(s): 102 VTD: 0048 89-3 For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
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(4) Any part of Richmond County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Richmond County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) No person shall be eligible to serve as a member of the board unless that person: (1) Continues to reside within the commissioner district from which elected during that person's term of office; and (2) Is a registered and qualified elector of Richmond County. (d) Those members of the board of commissioners of Richmond County serving as such on January 1, 1992, under the previously existing provisions of this section shall serve out their respective terms of office but shall be deemed to be serving out those terms in designated commissioner districts as follows: Mr. Herb Beckham Commissioner District 7 Mr. Lee Neel, III Commissioner District 3 Mr. J. Hobson Chavous Commissioner District 6 Mr. Henry Brigham Commissioner District 5 Mr. Larry E. Sconyers Commissioner District 8 Mr. Willie Mays Commissioner District 1 (e) Those members of the board who, under subsection (d) of this section, are deemed to be serving out their terms in designated Commissioner Districts 1, 5, and 8 shall serve until December 31, 1992, and the election and qualification of their respective successors, which successors shall be elected for Commissioner Districts 1, 5, and 8 shall be in the 1992 November general election. The members first elected from Commissioner Districts 1, 5, and 8 shall serve, beginning January 1, 1993, for initial terms of four years each and until their respective successors are elected and qualified under subsection (h) of this section. Those members of the board who, under subsection (d) of this section, are deemed to be serving out their terms in designated Commissioner Districts 3, 6, and 7 shall serve until December 31, 1994, and until their respective successors are elected and qualified under subsection (f) of this section. (f) At the 1994 November general election, successors to those members of the board from Commissioner Districts 3, 6, and 7, all of whose terms expire December 31, 1994, shall be elected to serve, beginning January 1, 1995, for terms of four years each and until their respective successors are elected and qualified under subsection (h) of this section. (f.1) All members of the Board of Commissioners of Richmond County who were in office on February 1, 1992, shall serve for the remainder of their unexpired terms for which they were elected. Successors to such members shall be elected as provided in this section from the commissioner districts as reapportioned in 1992. (g) The first member elected from Commissioner District 2 shall serve, beginning January 1, 1993, for an initial term of two years; and the first member elected from Commissioner District 4 shall serve, beginning January 1, 1993, for an initial term of four years; and both shall serve until their respective successors are elected and qualified under subsection (h) of this section.
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(h) Successors to members of the board whose terms expire after December 31, 1994, shall be elected at the general election immediately preceding the expiration of their respective member's term of office, shall take office on the first day of January immediately following the election for terms of four years and until the election and qualification of their respective successors. (i) Each member of the board elected to the board in the 1992 November general election or any election thereafter shall be elected by a majority of the voters voting within the commissioner district of that member. All members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' (j) Any vacancy in the board which occurs within one year prior to the expiration of a term of office shall be filled for the unexpired term and until a successor is elected and qualified by a member appointed by a majority vote of the remaining members of the board. Any vacancy in the board which occurs more than one year prior to the expiration of a term of office shall be filled for the unexpired term and until a successor is elected and qualified by a special election called by the Board of Elections of Richmond County for that purpose within 45 days after that vacancy occurs. No person shall be appointed or elected to fill a vacancy unless that person resides in the commissioner district corresponding to that of the member whose unexpired term is being filled; provided, however, that in the event of a special election prior to January 1, 1993, to fill a vacancy on the board, a candidate may reside either in the commissioner district created by an Act approved March 14, 1984 (Ga. L. 1984, p. 4245) corresponding to that of the member whose unexpired term is being filled or in the commissioner district created by this Act, as set forth in subsection (b) of this section, corresponding to that of the member whose unexpired term is being filled. (k) At the first regular meeting of the board in 1993 and at such first regular meeting annually thereafter, the members of the board shall elect from their number a chairperson
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and vice chairperson to serve terms of one year, respectively. The chairperson shall possess and exercise the following executive and administrative powers and duties: (1) To preside at all meetings of the board and vote on all matters before the board; (2) To serve as the official head of Richmond County for the service of process and for ceremonial purposes; (3) To administer oaths and to take affidavits; (4) To sign all written contracts entered into by the board on behalf of Richmond County and all other contracts and instruments executed by the county which by law are required to be in writing; (5) To ensure that all laws, ordinances, and resolutions of Richmond County are faithfully executed; and (6) To exercise such other powers and perform such other duties as may be required by ordinance or resolution of the board. (1) The chairperson of the board shall receive an annual salary of $10,600.00, payable in equal monthly installments, and a monthly expense allowance of $200.00 for actual and necessary expenses incurred in carrying out the chairperson's official duties. The vice chairperson shall receive an annual salary of $8,200.00, payable in equal monthly installments, and a monthly expense allowance of $150.00 for actual and necessary expenses incurred in carrying out the vice chairperson's official duties. Members of the board, other than the chairperson and vice chairperson, shall each receive an annual salary of $8,200.00, payable in equal monthly installments, and a monthly expense allowance of $100.00 for actual and necessary expenses incurred in carrying out their respective official duties. The salary and expense allowances of the chairperson, vice chairperson, and other members of the board shall be paid from county funds.
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Section 2 . Said Act is further amended by adding a new Section 1.1 to read as follows: Section 1.1. (a) It shall be the policy of the board of commissioners that all citizens shall have equal opportunity for employment, promotion, and appointment by the board of commissioners. It shall further be the express policy of the board of commissioners that all persons shall have equal opportunity for conducting business with the board of commissioners to the greatest extent possible. (b) In furtherance of the policies stated in subsection (a) of this section, the board of commissioners shall employ a person to serve as equal employment opportunity director and a person to serve as director of minority business opportunities. These positions shall have such staff and duties as the board of commissioners may from time to time determine, and the duties of such persons shall include the following: (1) To advise the board of commissioners and its officers of the need for minority appointments to boards, commissions, and authorities and the availability of qualified minority citizens to serve; (2) To advise the board of commissioners and its officers on ways and means to promote and increase business relations between the board of commissioners and minority owned firms and businesses; and (3) To advise the board of commissioners on ways and means to promote minority business opportunities within the jurisdiction of the board of commissioners and to implement such programs as the board of commissioners may adopt to promote minority business opportunities. Section 3 . (a) It shall be the duty of the attorney of the Board of Commissioners of Richmond County to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965, as amended; and it shall be the duty of the Board of Commissioners of Richmond County to
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direct and ensure that such submission is made by the board's attorney or some other attorney if the board's attorney fails to act. It shall be the duty of the board of commissioners and the board's attorney to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or it becomes law without such approval and to ensure that such submission contains all materials necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General. (b) If, as of the first date upon which candidates may begin qualifying for nomination as candidates for members on the Board of Commissioners of Richmond County in the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 Session of the General Assembly of Georgia an Act to amend an Act entitled An Act to create a Board of Commissioners for Roads and Revenues for the County of Richmond; to define their powers and duties; and for other purposes. approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 555) and by an Act approved March 14, 1984 (Ga. L. 1984, p. 4245), so as to provide for a new board and the composition thereof; to provide for board member qualifications, terms, and manner of election and filling vacancies; to provide for commissioner districts; to provide for a chairperson and vice chairperson; to provide for board organization, duties, powers, quorum, voting, meetings, compensation, and allowances; to provide for effective dates; to repeal conflicting laws; and for other purposes.
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This 18th day of January, 1992. ROBERT C. DANIEL, JR. Attorney for Richmond County, Georgia 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 23, 1992. /s/ Mike Padgett Representative, 86th District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 15, 1992. WORTH COUNTYBOARD OF COMMISSIONERS; DISTRICTS; RESIDENCY. No. 1065 (House Bill No. 2003). AN ACT To amend an Act creating and establishing a Board of Commissioners of Raods and Revenues of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 842), as amended, particularly
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by an Act approved April 12, 1982 (Ga. L. 1982, p. 3715), so as to provide new commissioner districts; to provide definitions and insertions; to provide residency requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating and establishing a Board of Commissioners of Roads and Revenues of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 842), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3715), is amended by striking in its entirety Section 2 and inserting in lieu thereof the following: Section 2. (a) For purposes of electing the chairman and members of the board of commissioners of Worth County, there shall be five commissioner districts to be designated Commissioner Districts 1 through 5, and one commissioner shall be elected from each district. Commissioner District 5 shall consist of the entire County of Worth. For the purpose of electing the four remaining commissioners, Worth County shall be divided into commissioner districts as follows: Commissioner District: 1 WORTH COUNTY VTD: 0001 SYLVESTER (Part) Tract: 9502. Block(s): 140, 141, 142, 143, 150, 151, 152, 153, 154, 161, 305A, 307A, 308A, 309, 310, 311, 312, 313, 314A, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 420, 421, 422, 465 Tract: 9504. Block(s): 172B Tract: 9505. Block(s): 101, 102, 103A, 153A, 155A, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168A, 170, 171, 201, 202, 203, 204, 205, 206, 207, 208,
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209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 234A, 245A, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 255, 256, 257, 258, 259, 260, 261, 262, 263A, 264A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362A, 363, 364A, 366, 367, 368, 369, 370, 371, 372, 375, 376, 377, 378, 379 VTD: 0003 POULAN (Part) Tract: 9504. Block(s): 167B, 172C, 173 Tract: 9505. Block(s): 362B VTD: 0006 RED ROCK (Part) Tract: 9502. Block(s): 305B, 307B, 308B VTD: 0013 GORDY (Part) Tract: 9505. Block(s): 103B, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 123, 124, 125, 126, 127, 128, 153B, 154, 155B, 168B, 169, 233 Commissioner District: 2 WORTH COUNTY VTD: 0001 SYLVESTER (Part) Tract: 9502. Block(s): 136, 138, 139 VTD: 0002 SYLVESTER PARK (Part) Tract: 9502. Block(s): 129, 130A, 130B, 131A, 131B, 132, 133A, 133B, 134, 135, 137A, 137B, 144, 145, 146, 147, 148, 149, 155, 156, 157, 158, 159, 160, 402, 403A, 403B, 404A, 404B, 405A, 405B, 405C, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440,
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441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 466, 467 Tract: 9504. Block(s): 109, 110, 111, 112, 114, 115, 116 VTD: 0003 POULAN (Part) Tract: 9504. Block(s): 117A, 117B, 118, 119A, 119B, 120, 121A, 121B, 122, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156A, 156B, 157, 158, 159, 160A, 160B, 161, 162, 163, 164A, 164B, 165A, 165B, 166, 167A, 168A, 168B, 168C, 169A, 169B, 169C, 170A, 170B, 171, 172A, 172D, 172E, 174, 175, 176, 177A, 177B, 178A, 178B, 179, 180, 181, 182, 183, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 220, 225, 226, 227, 228, 229, 230, 251, 255 Tract: 9505. Block(s): 364B, 365, 373, 374 VTD: 0004 SUMNER VTD: 0005 SHINGLER Commissioner District: 3 WORTH COUNTY VTD: 0006 RED ROCK (Part) Tract: 9502. Block(s): 102, 103, 104, 105, 107, 108, 109, 110, 121, 122, 123, 124, 125, 126, 127, 128, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 301, 302, 303, 304, 306, 308C, 314B VTD: 0007 DOLES VTD: 0008 OAKFIELD VTD: 0009 WARWICK
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Commissioner District: 4 WORTH COUNTY VTD: 0010 SCOTTERVILLE VTD: 0011 MINTON VTD: 0012 BRIDGEBORO VTD: 0013 GORDY (Part) Tract: 9504. Block(s): 219, 221, 222, 223, 224 Tract: 9505. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 234B, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245B, 254B, 263B, 264B, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
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(4) Any part of Worth County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Worth County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Any person seeking election as a commissioner or serving as a commissioner shall reside within the district which such person represents or seeks to represent. 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 1992 Session of the General Assembly of Georgia, a bill to amend an Act entitled An Act Creating and Establishing a Board of Commissioners of Roads and Revenues of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 842), as amended; to provide for District boundary lines, and for other purposes. This 24th day of February, 1992. Ray Holland, Representative 136th District
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray Holland, who, on oath, deposes and says that he is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvester Local News, which is the official organ of Worth County, on the following date: February 26, 1992. /s/ Ray Holland Representative, 136th District Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 15, 1992. STONE MOUNTAIN JUDICIAL CIRCUITJUDGES; SALARY SUPPLEMENT. No. 1066 (House Bill No. 2082). AN ACT To amend an Act providing a supplement to the compensation expenses and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), so as to change the amount of such supplement; to provide a definition; 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 a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), is amended by adding new subsections (d) and (e) to Section 1 to read as follows: (d) The salary supplement provided for by this section to the superior court judges of the Stone Mountain Judicial Circuit shall be increased in the amount of $3,444.00. (e) Notwithstanding the provisions of Section 1 of an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, the term `salary' means the annual salary received by superior court judges from state funds, the annual amount paid to such judges as a county supplement to the state salary. Any retirement contribution made by the State of Georgia to the Superior Court Judges Retirement System on behalf of a DeKalb County superior court judge shall not be considered a part of the county supplement for the purposes of computing other officials' salaries. 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 legislation will be introduced during the 1992 Session of the General Assembly to amend an act approved March 21, 1974 (Ga. L. Laws 1974, p. 391, as
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amended), affecting the salary supplement of Superior Court Judges in the Stone Mountain Judicial Circuit. Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Margaret Oliver, who, on oath, deposes and says that she is Representative from the 53rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era, which is the official organ of DeKalb County, on the following date: March 5, 1992. /s/ Mary Margaret Oliver Representative, 53rd District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 15, 1992.
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FULTON COUNTYTAX COMMISSIONER; TIME FOR PAYMENT OF TAXES COLLECTED FOR THE ATLANTA BOARD OF EDUCATION. No. 1067 (House Bill No. 1777). AN ACT To amend an Act entitled An Act to require the Tax Receiver or Tax Commissioner of Fulton County to receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta located in Fulton County, approved February 21, 1951 (Ga. L. 1951, p. 3087), as amended, so as to provide that under certain circumstances such ad valorem tax collected for the Atlanta Board of Education shall be paid to the Atlanta Board of Education within a certain time; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act entitled An Act to require the Tax Receiver or Tax Commissioner of Fulton County to receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta located in Fulton County, approved February 21, 1951 (Ga. L. 1951, p. 3087), as amended, is amended by striking in its entirety Section 4 and inserting in lieu thereof the following: Section 4. (a) Except as provided in subsection (b) of this section, the tax collector or tax commissioner of Fulton County shall pay over to the treasurer of the City of Atlanta all sums collected by him for said city not later than the second business day following the day of collection and at the same time furnish a statement of such collections to the comptroller of the City of Atlanta. (b) Except for any revenue used to repay any general obligation debt, the tax collector or tax commissioner of Fulton County shall pay over to the Atlanta Board of Education all revenues collected by him derived from ad valorem taxes for such board of education free from any charge except
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the direct cost of collecting such tax. The tax collector or tax commissioner of Fulton County shall pay such sums to the Atlanta Board of Education not later than the second business day following the day of collection and shall at the same time provide a statement of such collections to the comptroller of the Atlanta Board of Education. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act to require the tax receiver or tax commissioner of Fulton County to receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta located in Fulton County, approved February 21, 1951 (Ga. L. 1951, p. 3087), as amended; and for other purposes. This 10th day of February, 1992. TOM KEATING GOVERNMENTAL LIAISON ATLANTA PUBLIC SCHOOLS GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Georganna Sinkfield, who, on oath, deposes and says that she is Representative from the 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: February 12, 1992. /s/ Georganna Sinkfield Representative, 37th District
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Sworn to and subscribed before me, this 18th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 15, 1992. COLQUITT COUNTYBOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS. No. 1068 (House Bill No. 2039). AN ACT To amend an Act re-creating the Board of Commissioners of Colquitt County, approved March 22, 1974 (Ga. L. 1974, p. 3078), as amended, particularly by an Act approved March 12, 1986 (Ga. L. 1986, p. 3735), so as to reapportion the commissioner districts; to provide for definitions and insertions; to provide that members of the board shall complete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act re-creating the Board of Commissioners of Colquitt County, approved March 22, 1974 (Ga. L. 1974, p. 3078), as amended, particularly by an Act approved March 12, 1986 (Ga. L. 1986, p. 3735), is amended by striking Sections 2, 3, and 22 in their entirety and inserting new sections to read as follows:
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Section 2. Commissioner districts. For purposes of electing the members of the board of commissioners, Colquitt County is divided into seven commissioner districts as provided in Section 22 of this Act. Each member shall be elected by only the voters of the respective commissioner district and not by the voters of the county at large, except that the member to represent Commissioner District No. 7, which consists of the entire county, shall be elected by the voters of the entire county. Section 3. (a) Notwithstanding those changes in descriptions of commissioner districts which become effective at the same time this section becomes effective, members of the board serving on the effective date of this Act shall serve the term for which they were elected and until their successors are elected and qualified. (b) Effective on January 1, 1993, the members of the board representing Commissioner Districts 1, 3, 5, and 7 in accordance with the commissioner districts which become effective in 1993 shall be the former members of the board of commissioners representing Commissioner Districts 1, 3, 5, and 7 who were elected at the general election in 1990 under previously existing provisions of this Act, and said members of the board of commissioners so elected shall serve for the terms of office to which they were elected, which shall expire on December 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and shall take office on the first day of January, 1995, for terms of four years and until their successors are elected and qualified. (c) The members representing Commissioner Districts 2, 4, and 6 shall be elected at the general election of 1992 and shall take office on January 1, 1993, for terms of four years and until their successors are elected and qualified. (d) Successors to the members elected under subsections (b) and (c) and future successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of
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four years and until their successors are elected and qualified. Section 22. (a) For purposes of electing members of the board, Colquitt County is divided into seven commissioner districts, as follows: Commissioner District: 1 COLQUITT COUNTY VTD: 0009 MONK (Part) Tract: 9703. Block(s): 222, 223, 224, 225A, 225B, 226A, 226B VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 433, 523, 524, 525, 616, 617 Tract: 9708. Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 204, 205, 206, 207, 208, 209, 210 Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A VTD: 0018 SHAW Commissioner District: 2 COLQUITT COUNTY VTD: 0002 CROSLAND VTD: 0012 NORMAN PARK VTD: 0015 TY TY VTD: 0016 WARRIOR Commissioner District: 3 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 224, 263, 264, 275, 301B, 317, 318, 319, 320, 322, 323, 324, 325A, 325C, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 408, 409,
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410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 418D, 419, 420, 459, 460, 461, 462 VTD: 0005 HAMILTON (Part) Tract: 9709. Block(s): 225, 226, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 276, 280, 281, 282, 283, 284, 285, 286, 287, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458 VTD: 0010 MOULTRIE (Part) Tract: 9706. Block(s): 301, 302A, 304, 305, 306A, 307A, 308A, 315A, 316, 317, 318, 322A Tract: 9708. Block(s): 108B, 109, 110, 111, 112, 113, 114, 115, 147, 148, 201, 202, 203, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301C, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 Tract: 9709. Block(s): 325B VTD: 0011 MURPHY VTD: 0019 AUTREYVILLE (Part) Tract: 9706. Block(s): 213, 214, 215, 234, 324, 325, 326, 327, 361, 362, 363, 364, 365, 366, 367, 370, 371 Tract: 9707. Block(s): 521B, 524, 525 Commissioner District: 4 COLQUITT COUNTY VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 215A, 216 Tract: 9704.
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Block(s): 107A, 108A, 108B, 109A, 110A, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 136A, 139, 140, 141, 142, 143, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235A, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265 Tract: 9706. Block(s): 302B, 314A Tract: 9707. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 117, 118, 119, 120, 121A, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 132, 133, 134, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 404A, 405, 406A, 407, 408, 409, 410, 411, 412, 413, 414, 427, 428, 429, 430, 431, 432, 433, 434, 435, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630 VTD: 0019 AUTREYVILLE (Part) Tract: 9706. Block(s): 210, 211, 212, 216, 217, 218, 219, 220, 230, 231, 232, 233, 235, 236, 237, 238, 239, 240, 241, 242, 245, 246 Tract: 9707. Block(s): 509B, 510B, 510C, 511B, 511C, 512B, 513D, 516B, 517B, 517C, 518B, 520B, 520C, 526, 527, 528, 530, 531, 622C, 623C, 625B
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Commissioner District: 5 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 305, 306, 307 VTD: 0003 DOERUN VTD: 0004 FUNSTON VTD: 0005 HAMILTON (Part) Tract: 9709. Block(s): 227 VTD: 0006 HARTSFIELD VTD: 0008 MILL CREEK VTD: 0009 MONK (Part) Tract: 9701. Block(s): 213, 214, 215, 216, 217, 218, 219, 220, 288, 289, 290 Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 158C, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 176, 177, 178, 289, 290, 291, 292 Tract: 9703. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166 VTD: 0014 THIGPEN Commissioner District: 6 COLQUITT COUNTY VTD: 0007 LEE VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 215B Tract: 9704. Block(s): 138A, 201A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 335A, 337, 340, 341, 342 Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A,
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108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B Tract: 9707. Block(s): 101, 102, 103, 104, 105, 116, 121B, 131B, 135, 136, 137, 138, 139, 401, 402A, 402B, 403A, 403B, 404B, 406B, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 501A, 502, 503, 505, 506, 537, 538A VTD: 0013 ROBINSON VTD: 0017 HOPEWELL Commissioner District: 7 COLQUITT COUNTY (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Colquitt County which is not included in any commissioner district described in
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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 1990 for the State of Georgia; and (5) Any part of Colquitt County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of commissioners of Colquitt County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not premissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3 . Except for the provisions of this Act relating to and necessary for the election of the members of the board of commissioners of Colquitt County in 1992, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act shall relating to and necessary for the election of said members of the board of commissioners 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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NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced at the Regular 1992 Session of the General Assembly of Georgia a bill to amend an act recreating the Board of Commissioners of Colquitt County, approved March 12, 1986, Act. No. 817 (H.B. 1809), Ga. L. 1986 P. 3735, so as to change the method of election of the members of the Board of Commissioners; to provide that each member of the Board shall be elected by the voters of the district he represents; to provide for all related matters; to repeal conflicting law; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. J. Powell, who, on oath, deposes and says that he is Representative from the 145th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Moultrie Observer, which is the official organ of Colquitt County, on the following date: January 22, 1992. /s/ C. J. Powell Representative, 145th District Sworn to and subscribed before me, this 5th day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 15, 1992.
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RABUN COUNTYSHERIFF; COMPENSATION. No. 1087 (House Bill No. 828). AN ACT To amend an Act placing the sheriff of Rabun County on a salary, approved April 5, 1965 (Ga. L. 1965, p. 3218), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4707), 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 Rabun County on a salary, approved April 5, 1965 (Ga. L. 1965, p. 3218), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4707), is amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. The sheriff shall receive an annual salary of not less than $35,000.00, the exact amount to be fixed in the budget. The sheriff's salary shall be paid in equal monthly installments from the funds of Rabun County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 of Rabun County on a salary, approved April 5, 1965 (Ga. L. 1965, p. 3218), as amended, particularly,
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by an Act approved March 21, 1984 (Ga. L. 1984, p. 4707); and for other purposes. This 25th day of JANUARY, 1991. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County, on the following date: January 31, 1991. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 12th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 15, 1992. BARTOW COUNTYPROBATE COURT; JUDGE; NONPARTISAN ELECTIONS. No. 1092 (House Bill No. 1626). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Bartow County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the
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foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The judge of the Probate Court of Bartow County shall be elected by the qualified voters of Bartow County in a nonpartisan primary and election. Except as otherwise provided in this Act, the judge of the probate court shall be elected pursuant to the general elections laws of Georgia. Section 2 . Beginning with the next election and every four years thereafter, the judge of the probate court shall be elected at the nonpartisan primary and general election immediately preceding the expiration of the term of office of the judge of the probate court. Section 3 . Candidates for the office of judge of the probate court shall be nominated in nonpartisan primary to be held at the same time as and in conjunction with the general primary every four years. A nominating petition shall not be required to place the name of any such candidate on the primary ballot. A candidate may have his name placed on the primary ballot by filing a notice of candidacy with the county election superintendent and by paying the qualifying fee. Section 4 . The candidate receiving a majority of votes in the nonpartisan primary shall be the nominee for the office of judge of the probate court and shall be the only candidate for such office to have his name appear on the general election ballot. In the event no candidate receives a majority of the votes cast, the two candidates receiving the highest number of votes for the office shall be in a runoff to be held on the same day as a runoff from the general primary, as provided by state law, to determine which candidate will be on the general election ballot. Section 5 . The names of all candidates for the office of judge of the probate court shall appear in a separate section of each primary and general election ballot of each elector. No party designation or affiliation shall appear beside the name of any such candidate on any primary or general election ballot,
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and no candidate for the office of judge of the probate court shall be nominated by any political party. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide that the judge of the Probate Court of Bartow County shall be elected on a nonpartisan basis; and for other purposes. This 17th day of January, 1992. (s) Hugh Boyd Pettit, III Representative, 19th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Boyd Pettit, who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Tribune News, which is the official organ of Bartow County, on the following date: January 30, 1992. /s/ Boyd Pettit Representative, 19th District
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Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 15, 1992. BARTOW COUNTYCOMMISSIONER; OFFICE. No. 1093 (House Bill No. 1627). AN ACT To amend an Act creating the office of Commissioner of Roads and Revenues of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), so as to provide that the commissioner will keep his or her office at the County Administration Building; 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 office of Commissioner of Roads and Revenues of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), is amended by striking Section 14 in its entirety and inserting in lieu thereof the following: Section 14. It shall be the duty of the commissioner to keep an office at the courthouse or at the Frank Moore Administrative and Judicial Center in Bartow County for himself and his clerk. It shall be the duty of the clerk to keep the office open each working day of the week during reasonable office hours and to make record of all information and complaints pertaining to county matters for the information of the commissioner. It shall be the duty of the commissioner to
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set apart one day in each week to be at his office, together with his clerk, for the transaction of public business of the county, for the hearing of applications and complaints, and for such other purposes as may come legitimately within his jurisdiction. He may by special appointment have other days in his office for such purposes. When pressure of business requires it, it shall be his duty to give his entire time to the personal supervision and direction of the county affairs. 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating the office of Commissioner of Roads and Revenues of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276); and for other purposes. This 16th day of January, 1992. (s) Hugh Boyd Pettit, III Representative, 19th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Boyd Pettit, who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Tribune News, which is the official organ of Bartow County, on the following date: January 30, 1992. /s/ Boyd Pettit Representative, 19th District
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Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 15, 1992. CITY OF SMITHVILLECOUNCIL; MEMBERSHIP; QUORUM; WARDS; ELECTIONS; TERMS. No. 1095 (House Bill No. 1737). AN ACT To amend an Act providing a new charter for the City of Smithville, approved February 11, 1977 (Ga. L. 1977, p. 2510), so as to provide that the city council shall be composed of four members; to provide for a quorum; to provide for the creation of four council wards; to provide for a description of the wards; to provide for the manner of electing members of the city council and provide for terms and election dates; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; 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 Smithville, approved February 11, 1977 (Ga. L. 1977, p. 2510), is amended by striking Section 2.10 in its entirety and inserting in lieu thereof a new Section 2.10 to read as follows: Section 2.10. Creation. The legislative authority of the City of Smithville, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed
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of a mayor and four councilmembers. The mayor and councilmembers shall be elected in the manner provided by Article V of this charter. Section 2 . Said Act is further amended by striking Section 2.33 in its entirety and inserting in lieu thereof a new Section 2.33 to read as follows: Section 2.33. Quorum; voting. Three councilmembers shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal but any member of the council shall have the right to request a roll call vote. The affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 3 . Said Act is further amended by striking Section 5.10 in its entirety and inserting in lieu thereof a new Section 5.10 to read as follows: Section 5.10. Election of officers. (a) For the purpose of electing the four members of the city council, the City of Smithville shall be divided into four council wards to be designated Ward 1, Ward 2, Ward 3, and Ward 4 to be described as follows: Ward #1 Ward no. 1 is generally described as that area within the western section of the City contained, or bounded on the south by West Church St.; bounded on the east by North Stanton Drive; bounded on the north by private property line as shown on official map; and on the west by the corporate limits boundary line. Ward #2 Ward no. two is generally described as that area within the southwestern section of the City having north boundary on Georgia Highway 118; having eastern boundary on
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Boulevard Street, S.E. and North Stanton Drive and its northern boundary on John Street, N.E. and certain parts of the northern corporate limits. Ward #3 Ward No. three is generally described as that area within the northeastern and southeastern sections of the City having its western boundary at Boulevard Street, S.E., John Street, S.E., and North Stanton Drive; and have its eastern boundary at the eastern corporate limits. Ward #4 Ward no. four is generally described as that area of the City within the western section having its southern boundary on Georgia Highway 118; its eastern boundary at South Stanton Street; north boundary at West Church Street and western boundary at Rhodes Street, S.W. (b) There shall be one councilmember elected from each ward as provided in subsection (a) of this section. Any person seeking election as a councilmember shall designate the council ward in which he seeks election. Councilmembers shall be elected by a majority vote of the voters voting in their respective wards. Only the qualified voters of a ward shall be entitled to vote for candidates seeking membership on the city council from that ward. Each candidate for the office of councilmember shall reside within the respective ward which he offers to represent. If members of the council move their residences from the wards they represent, their respective positions on the council shall become vacant. (c) Those councilmembers in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until their successors are elected and qualified. (d) (1) There shall be two successors to those councilmembers whose terms of office shall expire in 1992, who shall be elected at the general municipal election on the Wednesday preceding the first Saturday in
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December, 1992, and every two years thereafter, to represent Ward 1 and Ward 2 for terms of office of two years and until their successors are elected and qualified. (2) Successors to such councilmembers representing Ward 1 and Ward 2 shall be elected on the Tuesday next following the first Monday in November prior to the expiration of the terms of office and shall serve for terms of office of two years and until their successors are elected and qualified. (e) There shall be two successors to those councilmembers whose terms of office shall expire in 1994, who shall be elected at the general municipal election on the Tuesday next following the first Monday in November, 1994, and every two years thereafter, to represent Ward 3 and Ward 4 for a term of office of two years and until their successors are elected and qualified. (f) At the general municipal election on the Tuesday next following the first Monday in November, 1994, and every two years thereafter, the mayor shall be elected for a term of two years and until a successor is elected and qualified. The mayor shall be elected by a majority vote of the voters voting on a city-wide basis. Section 4 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of the City of Smithville to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 5 . All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Smithville, approved February 11, 1977 (Ga. L. 1977, p. 2510); and for other purposes. This 16th day of January, 1992. Douglas Mitchell, Mayor GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lee County Ledger, which is the official organ of Lee County, on the following date: January 23, 1992. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 17th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 15, 1992.
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CARROLL COUNTYBOARD OF EDUCATION; DISTRICTS. No. 1099 (House Bill No. 2036). AN ACT To amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4149), so as to reapportion the education districts of said school district; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4149), is amended by striking subsection (h) of Section 1 of said Act in its entirety and inserting in lieu thereof a new subsection (h) to read as follows: (h) For purposes of the election of members of the board of education as provided in this section, the Carroll County School District is divided into six education districts as follows: Education District: 1 CARROLL COUNTY VTD: 0018 VILLA RICA CITY VTD: 0019 VILLA RICA COUNTY
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Education District: 2 CARROLL COUNTY VTD: 0001 TEMPLE 649 VTD: 0005 EMC 714B NORTH VTD: 0009 SANDHILL (Part) Tract: 9901. Block(s): 430, 431, 432, 434, 435, 436, 437, 438, 439, 443 Tract: 9906. Block(s): 101, 102, 132, 133, 134 Tract: 9907. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316 VTD: 0010 CENTERPOINT VTD: 0020 WEST SIDE GYM 714A1 (Part) Tract: 9905. Block(s): 131D, 131E VTD: 0021 LAKESHORE RECREATION CENTER 714A2 (Part) Tract: 9906. Block(s): 207D Education District: 3 CARROLL COUNTY VTD: 0007 KANSAS (Part) Tract: 9903. Block(s): 310, 311, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 367, 368 Tract: 9904. Block(s): 101, 102, 103, 104, 105, 106, 111, 112, 113, 116, 117, 118, 119, 120, 121, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 150, 151, 152, 153, 154, 155, 156, 159 VTD: 0012 MOUNT ZION VTD: 0013 BURWELL VTD: 0015 BOWDEN JUNCTION VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9905. Block(s): 111D, 113B, 114, 115, 116, 119, 120, 121,
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122, 123, 124B, 125, 127, 128C, 129B, 130B, 130C, 131F, 131G, 131H, 131J, 137C, 138, 139B, 139C, 139D, 205B, 402B, 513B, 514C, 515C, 516, 517, 518, 526, 527B, 601B, 603B, 604, 605, 606B, 607, 608, 609, 610, 611 Tract: 9911. Block(s): 401A Education District: 4 CARROLL COUNTY VTD: 0003 ROOPVILLE 713 VTD: 0007 KANSAS (Part) Tract: 9904. Block(s): 107, 108, 109, 110, 114, 115, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 148, 149, 161, 162, 163, 164, 165, 166, 167 VTD: 0008 BOWDEN VTD: 0011 LOWELL (Part) Tract: 9909. Block(s): 106, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 148, 149, 150, 151, 152, 153, 154, 155, 156, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 178, 181, 182, 183, 184, 185, 188, 189, 190, 191, 192, 201, 202, 218, 219, 250, 251 VTD: 0016 TYUS Education District: 5 CARROLL COUNTY VTD: 0002 WHITESBURG 682 (Part) Tract: 9908. Block(s): 204, 206A, 206B, 209, 210A, 210B, 211A, 211B, 213, 214, 215, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 254A, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264A, 264B, 265, 266, 267A, 267B, 268, 269, 270A, 270B, 271, 272, 273, 274, 275, 276, 277, 278, 279A, 282A, 283, 292, 293, 294, 295, 296, 297 VTD: 0006 CENTRAL HIGH 714 B SOUTH VTD: 0011 LOWELL (Part)
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Tract: 9908. Block(s): 285, 286, 287, 288, 289, 290, 291 Tract: 9909. Block(s): 101, 102, 103, 104, 105, 107, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 186, 187 Tract: 9910. Block(s): 329, 336, 337, 338 VTD: 0014 CLEM VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9911. Block(s): 311B, 317C, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 503, 504, 505, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529 VTD: 0025 OAK GROVE CHURCH 715 Education District: 6 CARROLL COUNTY VTD: 0002 WHITESBURG 682 (Part) Tract: 9908. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157A, 157B, 158, 159A, 159B, 160, 161, 162, 169, 176, 177, 178A, 178B, 179, 180A, 180B, 181A, 181B, 182, 183, 184, 185, 186, 187, 188, 189, 190A, 190B, 191, 192, 193, 194, 195, 196, 197, 201, 202A, 202B, 203, 205, 207, 208, 212 VTD: 0004 ARMY RESERVE 714B EAST VTD: 0009 SANDHILL (Part) Tract: 9901. Block(s): 440, 441, 442, 444, 445, 446, 447, 448, 449 Tract: 9907. Block(s): 116, 117, 118, 119, 120, 165, 166, 167, 168, 169, 181A, 183, 184, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214,
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215, 216, 217, 218, 219, 220, 223 VTD: 0017 HULETT For purposes of this subsection: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Carroll County which is not included in any education district described in this subsection shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Carroll County which is described in this subsection as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
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Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Carroll County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, P. 3945), as amended; and for other purposes. This 21st day of January, 1992. s/ Honorable Charles Thomas, Jr., Representative, 69th District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles A. Thomas, Jr., who, on oath, deposes and says that he is Representative from the 69th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Georgian, which is the official organ of Carroll County, on the following date: January 30, 1992. /s/ Charles A. Thomas, Jr. Representative, 69th District
Page 6300
Sworn to and subscribed before me, this 5th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 15, 1992. FORSYTH COUNTYHOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 1103 (House Bill No. 2063). AN ACT To provide a homestead exemption from all Forsyth County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual gross incomes not exceeding $16,000.00 and who are 62 years of age or over or permanently disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal a certain existing homestead exemption; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . For purposes of this Act, the term: (1) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Forsyth County School
Page 6301
District, including but not limited to taxes to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, except that the homestead exemption granted by this Act shall extend to and shall apply to those properties the legal title to which is vested in one or more titleholders when such property is actually occupied as a residence by one or more of the titleholders who possess the qualifications provided in this Act and who claim the exemption in the manner provided for in this Act. The exemption shall also extend to those homesteads the title to which is vested in a personal representative or trustee if one or more of the heirs or beneficiaries residing on the property possess the qualifications provided for and claim the exemption in the manner provided in this Act. (3) Senior citizen means a person who is 62 years of age or over. Section 2 . (a) Each resident of the Forsyth County School District who is a senior citizen or who is permanently disabled is granted an exemption on that person's homestead from all Forsyth County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of that homestead, if that person's gross income from all sources, together with the income of the spouse and family members of such person who reside within such homestead, does not exceed $16,000.00 for the immediately preceding taxable year. (b) In order to qualify for the exemption provided for in this Act as being 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, certifying that in the opinion of such physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent.
Page 6302
Section 3 . The tax commissioner of Forsyth County shall provide certificate and application forms for the exemption granted by this Act and shall require with the initial application a certificate, if such owner is permanently disabled, and an affidavit by the owner as to the age and income of the owner, the income of the owner's spouse and family members who reside at the homestead, and such other information as may be necessary to determine the eligibility of the owner for the exemption. Section 4 . The exemption granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Section 5 . After any such owner has filed the proper affidavit and certificate if permanently disabled, as provided in this Act, and has been allowed the exemption provided in this Act, it shall not be necessary that he make application and file such affidavit and certificate for any year thereafter and such exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the Forsyth County School District who has claimed the homestead exemption provided for in this Act to notify the tax commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. Section 6 . The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Forsyth County School District ad valorem taxes. Section 7 . The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. Section 8 . The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1993. Section 9 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Forsyth County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Forsyth County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the November, 1992, state-wide
Page 6303
general election and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Forsyth County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from all Forsyth County School District ad valorem taxes for educational purposes, including taxes to retire bonded indebtedness, in the amount of $20,000.00 of the assessed value of such homestead for certain residents of that district who have annual incomes not exceeding $16,000.00 and who are 62 years of age or over or who are permanently disabled? 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 and shall be applicable to all taxable years beginning on or after January 1, 1993. If Sections 1 through 8 of this Act are 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 that election date. The expense of such election shall be borne by Forsyth County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 10 . Except as otherwise provided in Section 9 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Page 6304
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 1992 session of the General Assembly of Georgia a bill to provide a homestead exemption from all Forsyth County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual gross incomes not exceeding $16,000.00 and who are 62 years of age or over or permanently disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates and automatic repeal a certain existing homestead exemption; and for other purposes. This 28th day of February, 1992. (signed) 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 Forsyth Forum which is the official organ of Forsyth County, on the following date: March 4, 1992. /s/ Bill Barnett Representative, 10th District
Page 6305
Sworn to and subscribed before me, this 10th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 15, 1992. CITY OF TALLAPOOSAMUNICIPAL COURT; JURISDICTION; PENALTIES. No. 1104 (House Bill No. 2073). AN ACT To amend an Act reincorporating and creating a new charter for the City of Tallapoosa in Haralson County, approved April 7, 1976 (Ga. L. 1976, p. 4262), as amended, so as to change provisions relating to the jurisdiction and punishment powers of the Municipal Court of the City of Tallapoosa; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act reincorporating and creating a new charter for the City of Tallapoosa in Haralson County, approved April 7, 1976 (Ga. L. 1976, p. 4262), as amended, is amended by striking the words constituting traffic offenses in the second sentence of Section 7.10, so that when so amended Section 7.10 shall read as follows: Section 7.10. Creation of Municipal Court. There is hereby established a Court to be known as the Municipal Court of the City of Tallapoosa which shall have jurisdiction and authority to try offenses against the laws and ordinances
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of said City and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance; to punish any person who may counsel, advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before the Court to go or move beyond the reach of the process of the Court; and to try all offenses within the territorial limits of the City which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Section 2 . Said Act is further amended by striking subsection (a) of Section 7.13 which reads as follows: (a) The Municipal Court shall try and punish for crimes against the City of Tallapoosa 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 five hundred dollars ($500) or thirty (30) days in jail. The Municipal Court may fix punishment for offenses within its jurisdiction not exceeding a fine of one thousand dollars ($1000) or imprisonment for thirty (30) days, or both. As an alternative to fine or imprisonment, the Court may sentence any offender upon conviction to labor in a City work gang or on the streets, sidewalks, squares or other public works for a period not exceeding thirty (30) days., and inserting in its place a new subsection (a) to read as follows: (a) The Municipal Court shall try and punish for crimes against the City of Tallapoosa and for violations of its ordinances. The Municipal Court shall have authority to punish those in its presence for contempt; provided that such punishment shall not exceed $500.00 or 30 days in jail. Except for violations of ordinances in which a particular penalty has been prescribed, the Municipal Court may impose in its discretion any fine not exceeding $1,000.00 or imprisonment for 30 days, or both. In the case of all violations
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which are also offenses under the laws of the State of Georgia and in which the Municipal Court has been granted jurisdiction by state law, the Municipal Court shall impose the same schedule of fines provided for the same offenses, according to the laws of the State of Georgia. As an alternative to fine or imprisonment, the Court may sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 30 days. The Court may also sentence any person to perform community service. 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 1992 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 amend provisions of the City Charter relating to Municipal Court and to clarify certain sections, etc. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who, on oath, deposes and says that he is Representative from the 18th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Haralson Gateway-Beacon, which is the official organ of Haralson County, on the following date: February 27, 1992. /s/ Thomas B. Murphy Representative, 18th District
Page 6308
Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Lounell R. Jones Notary Public, Rockdale County, Georgia My Commission Expires April 5, 1994 (SEAL) Approved April 15, 1992. CITY OF SUMMERVILLECITY MANAGER; MAYOR; REFERENDUM. No. 1105 (House Bill No. 2081). AN ACT To provide that the governing authority of the City of Summerville may conduct a nonbinding referendum on the question of whether to abolish the position of city manager and adopt the position of a full-time mayor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The governing authority of the City of Summerville is authorized, but not required, to call a nonbinding referendum of the electors of such city on the question of whether to abolish the position of city manager and adopt the position of full-time mayor. The governing authority shall provide for the ballot language and for all matters related to such referendum. The costs of such referendum shall be paid from the funds of the city. Section 2 . All laws and parts of laws in conflict with this Act are repealed.
Page 6309
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide that the governing authority of the City of Summerville may conduct a nonbinding referendum on the question of whether to abolish the position of city manager and adopt the position of full-time mayor; and for other purposes. This 28th day of February, 1992. 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: March 5, 1992. /s/ Tim Perry Representative, 5th District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 15, 1992.
Page 6310
DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITYPOWERS; REAL PROPERTY. No. 1106 (House Bill No. 2086). 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 for additional powers of the Authority with respect to certain contracts, agreements, leases, or other instruments; to provide for determinations with respect to the location of real property within or outside certain drainage basins; to provide for the exercising of certain powers with respect to such real property; 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 adding a new subsection immediately following subsection (f) of Section 5, to be designated subsection (f.1), to read as follows: (f.1) In addition to and without limiting the generality of subsection (f) of this section, the Authority shall have the right to enter into contracts, agreements, leases, or other instruments necessary or convenient with any political subdivision, department, institution, or agency of this state and all special districts and municipal corporations located in Douglas County for the purpose of enabling the Authority to perform any functions pertaining to the protection of the water and sewerage systems in Douglas County, Georgia, that may have been exercised by any such political subdivision, department, institution, or agency of this state and all special districts and municipal corporations located in Douglas County, including, but not limited to, the right to regulate, monitor, inspect, and repair water and waste-water systems and related appurtenances and facilities, pump stations, onsite sanitary sewerage facilities, septic tanks, grease traps,
Page 6311
pretreatment facilities, and any and all other related equipment, facilities, and systems. Section 2 . Said Act is further amended by adding a new section immediately following Section 5, to be designated Section 5A, to read as follows: Section 5A. Determinations of drainage. The Authority shall have the power to determine whether a parcel of real property is located within or outside the boundaries of the Dog River and Bear Creek Drainage Basins as defined in paragraph (2) of Section 4 of this Act and to determine whether the drainage from such parcel of real property flows within or outside the Dog River and Bear Creek Drainage Basins. Such determinations shall be made upon the certification of a licensed Georgia professional engineer or hydrologist. If a parcel of real property which is determined to be located either within or outside the Dog River and Bear Creek Drainage Basins drains into such basins, the Authority shall be authorized to exercise those powers provided under subsection (l) of Section 5 with respect to such parcel. Section 3 . All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE: STATE OF GEORGIA, COUNTY OF DOUGLAS, NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION. Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act know 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 19th day of February, 1992. Thomas M. Kigore Representative, 42nd District
Page 6312
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 21, 1992. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 15, 1992. WILKINSON COUNTYHOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 1107 (House Bill No. 2091). AN ACT To provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Wilkinson County School District for residents of that district who are 62 years of age or older and whose net income does not exceed $15,000.00; 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.
Page 6313
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . For purposes of this Act, the term: (1) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (2) Net income means the resident's net income together with the net income of the resident's spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources except as provided in this paragraph, but shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual under the federal Social Security Act; income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. (3) Wilkinson County School District ad valorem taxes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Wilkinson County School District, except for ad valorem taxes to retire school bond indebtedness. Section 2 . Each resident of the Wilkinson County School District who is 62 years of age or older is granted an exemption on that person's homestead from Wilkinson County School District ad valorem taxes in the amount of $15,000.00 of the assessed value of that homestead if that resident's net income for the immediately preceding taxable year does not exceed $15,000.00 for income tax purposes. The value of a homestead in excess of the amount exempted by this section shall remain subject to taxation. Section 3 . The exemption granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Any person who, as of the date the exemption provided by this Act first becomes applicable, has applied for and is
Page 6314
eligible for the exemption from ad valorem taxes for educational purposes levied by, for, or on behalf of the Wilkinson County school system and 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 4 . After any such resident has been allowed the exemption provided in this Act, it shall not be necessary that such person make application and file such affidavit for any year thereafter and such exemption shall continue to be allowed to such person. It shall be the duty of any resident of the Wilkinson County School District who has claimed the homestead exemption provided for in this Act to notify the tax commissioner of Wilkinson County in the event that resident becomes ineligible for any reason to receive such homestead exemption. Section 5 . The exemption granted to a resident by this Act shall be in lieu of and not in addition to any other homestead exemption granted such resident from ad valorem taxes for educational purposes levied by, for, or on behalf of the Wilkinson County school system. Section 6 . The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. Section 7 . The tax commissioner of Wilkinson County shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit as to information necessary to determine the eligibility of an applicant for that exemption. Section 8 . The exemption granted by this Act shall apply to all taxable years beginning on or after December 31, 1992. Section 9 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Wilkinson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Wilkinson County School District for approval or rejection.
Page 6315
The election superintendent shall conduct that election at the time of the state-wide primary conducted in 1992 and shall issue the call therefor not less than 30 nor more than 60 days prior to the date of that primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Wilkinson County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a $15,000.00 homestead exemption from certain ad valorem taxes levied for the Wilkinson County School District for residents of that district who are 62 years of age or older and whose net income does not exceed $15,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, 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. The expense of such election shall be borne by Wilkinson County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. 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.
Page 6316
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide for a homestead exemption from ad valorem taxes for school purposes which applies to the homestead of certain residents of the Wilkinson County School District; and for other purposes. This 3rd day of March 1992. /Signed/ Kenneth W. Birdsong, Representative, 104th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News, which is the official organ of Wilkinson County, on the following date: March 5, 1992. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 15, 1992.
Page 6317
BAXLEY APPLING COUNTY HOSPITAL AUTHORITYMEMBERS; VACANCIES; APPOINTMENTS. No. 1108 (House Bill No. 2142). AN ACT To provide a method of appointment for members of the Baxley Appling County Hospital Authority; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Appointments to fill vacancies on the board of the Baxley Appling County Hospital Authority, for either an unexpired or full term, shall be made as follows: (1) The governing authority of Appling County and the governing authority of the City of Baxley shall jointly submit a list of three eligible persons to the board of the hospital authority; (2) The board at its next regular meeting shall either select one of the three persons named in such list or decline to select any of the persons named in the list. If the board declines to select any of the persons named in the list, it shall so notify the governing authorities of Appling County and the City of Baxley; and (3) Upon receipt of notification that the board has declined to select any of the persons named in the governing authorities' list, the governing authorities of Appling County and the City of Baxley shall jointly submit a second list of three eligible persons, no one of whom was named on the first list, to the board of the hospital authority. The board at its next regular meeting after receipt of the second list shall select one of the three persons named in the second list. Section 2 . All laws and parts of laws in conflict with this Act are repealed.
Page 6318
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act to provide for the method of filling vacancies on the Board of the Appling County Hospital Authority; and for other purposes. This 5th day of March, 1992. Honorable Roger Byrd Representative, 153rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lundsford Moody, who, on oath, deposes and says that he is Representative from the 153rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News-Banner, which is the official organ of Appling County, on the following date: March 5, 1992. /s/ Lundsford Moody Representative, 153rd District Sworn to and subscribed before me, this 18th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 15, 1992.
Page 6319
CRAWFORD COUNTYBOARD OF EDUCATION; COMPENSATION; EXPENSES. No. 1109 (House Bill No. 2175). AN ACT To provide for compensation and expenses of the chairman and members of the Board of Education of Crawford County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The members of the Board of Education of Crawford County, other than the chairman, shall be compensated in the amount of $200.00 per month for their services. The chairman shall be compensated in the amount of $300.00 per month for service as chairman. The members and chairman shall be reimbursed for actual and necessary expenses incurred by them when traveling out of the county on official business. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1992 session of the General Assembly of Georgia a bill to change Crawford County Board of Education members' reimbursement from per diem to salary. This 16th day of March, 1992. Honorable Robert Ray Representative, 98th District
Page 6320
GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who, on oath, deposes and says that he is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Post, which is the official organ of Crawford County, on the following date: March 19, 1992. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 23rd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 15, 1992. CRAWFORD COUNTYBOARD OF COMMISSIONERS; SLUDGE; ORDINANCES. No. 1110 (House Bill No. 2176). AN ACT To amend an Act creating the Board of Commissioners of Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, so as to regulate or restrict, and provide for the regulation or restriction of, the depositing of sludge on public or private property in Crawford County; to provide for a definition; to provide for ordinances; to repeal conflicting laws; and for other purposes.
Page 6321
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Board of Commissioners of Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, is amended by adding, following Section 1, a new Section 1.1 to read as follows: Section 1.1. (a) As used in this section, the term `sludge' means a solid waste pollution control residual which is generated by any domestic waste-water treatment plant, water supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilet, or related operation or any other such waste having similar characteristics. Sludge may be a solid, liquid, or semisolid waste but does not include the treated effluent from a waste-water treatment plant or waste resulting from a process of industry, manufacture, or business or from the development of any natural resources. (b) The board of commissioners is authorized to promulgate, adopt, and enforce an ordinance regulating or restricting the deposit, dumping, spreading, disposal, or use of sludge on any public or private property within Crawford County. No sludge shall be deposited on any public or private property within Crawford County without the consent of the landowner and the consent of the board of commissioners. The board of commissioners is authorized to provide in the ordinance authorized by this section for the method of granting such consent, the delegation thereof, and such reasonable terms, conditions, and restrictions as the board deems necessary to protect the public health, welfare, and safety. 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 1992 session of the General Assembly of Georgia a bill to regulate
Page 6322
or restrict, or provide for the regulation or restriction of, the depositing of sludge on public or private property in Crawford County; and for other purposes. This 16th day of March, 1992. 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 Georgia Post, which is the official organ of Crawford County, on the following date: March 19, 1992. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 23rd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 15, 1992.
Page 6323
DEKALB COUNTYHOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 1112 (Senate Bill No. 668). AN ACT To provide that each resident of DeKalb County who is the unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all DeKalb County ad valorem taxes, including taxes to retire bonded indebtedness but excluding county school district taxes, in the same amount as that to which a disabled veteran is entitled under other provisions of law; to provide conditions of eligibility; to provide for proof of eligibility; to provide procedures and for administration by tax officials; to provide for a referendum; to provide an effective date; to provide for automatic repeal of this Act under certain conditions; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Each resident of DeKalb County who is the unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all DeKalb County ad valorem taxes, including taxes to retire bonded indebtedness but excluding county school district taxes, in the amount of the greater of $32,000.00 or the maximum amount which may be granted to a disabled veteran under Section 802 of Title 38 of the United States Code, as amended. For the purposes of this Act, the term unremarried surviving spouse of a member of the armed forces includes the unmarried widow of a member of the armed forces, which widow is receiving spousal benefits from the United States Department of Veterans Affairs. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. The value of all property in excess
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of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (b) In order to qualify for the exemption provided for in this section, the unremarried surviving spouse shall furnish to the tax commissioner of DeKalb County documents from the Secretary of Defense evidencing that such unremarried surviving spouse received death benefits as a result of the death of such person's spouse who as a member of the armed forces of the United States was killed while on active duty or while performing authorized travel to or from active duty during any war or armed conflict in which the armed forces of the United States engaged pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces killed in any war or armed conflict. (c) An unremarried surviving spouse filing for the exemption under this section shall be required to file with the tax commissioner information relative to marital status and other such information which the DeKalb County board of tax assessors deems necessary to determine eligibility for the exemption. Each unremarried surviving spouse shall file for the exemption only once with the tax commissioner. Once filed, the exemption shall automatically be renewed from year to year, except that the county board of tax assessors may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this section to notify the tax commissioner in the event that person for any reason becomes ineligible for such exemption. (d) The exemption granted by this Act shall be in lieu of and not in addition to any other exemption from DeKalb 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 qualifying under this Act 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.
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(e) The exemptions granted by this Act shall apply to the tax year beginning on January 1, 1993, and all tax years thereafter. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 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 DeKalb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that each resident of DeKalb County who is the unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all DeKalb County ad valorem taxes, including taxes to retire bonded indebtedness but excluding county school district taxes, in the same amount as that to which a disabled veteran is entitled under other provisions of law? 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
Page 6326
full force and effect on January 1, 1993. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on January 1, 1993. The expense of such election shall be borne by DeKalb County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide that each resident of DeKalb County who is the unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all DeKalb County ad valorem taxes, including taxes to retire bonded indebtedness but excluding county school district taxes, in the same amount as that to which a disabled veteran is entitled under other provisions of law; and for other purposes. This 16th day of January, 1992. Honorable Cathey W. Steinberg Senator, 42nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Cathey W. Steinberg, who, on oath, deposes and says that she is Senator from the 42nd 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 30, 1992.
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/s/ Cathey W. Steinberg Senator, 42nd District Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 15, 1992. GREENE COUNTYBOARD OF COMMISSIONERS; CHAIRMAN; COMPENSATION. No. 1120 (Senate Bill No. 859). AN ACT To amend an Act creating the board of commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, so as to provide for compensation of the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the board of commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, is amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. (a) The chairman shall be compensated in the amount of $6,000.00 per annum to be paid in equal monthly installments from the funds of Greene County. Except as provided to the contrary in subsection (b) of this section,
Page 6328
such chairman shall not be entitled to any other salary or expenses. (b) Notwithstanding the provisions of subsection (a) of this section, the chairman shall be compensated in the amount of $17,000.00 per annum payable in equal monthly installments during each calendar year that the board of commissioners of Greene County does not have in its employ a county manager or county administrator for at least nine months of such year. Section 2 . This Act shall become effective on January 1, 1993. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 sessionof the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended; and for other purposes. This 28th day of February, 1992. G.B. Pollard, Jr. Senator, 24th District 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 Herald Journal, which is the official organ of Greene County, on the following date: March 6, 1992.
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/s/ G. B. Pollard, Jr. Senator, 24th District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 15, 1992. BERRIEN COUNTYBOARD OF COMMISSIONERS; COMPOSITION; DISTRICTS; ELECTIONS; COMPENSATION; REFERENDUM. No. 1122 (House Bill No. 2064). AN ACT To amend an Act creating a board of commissioners of roads and revenues for the County of Berrien, approved February 28, 1887 (Ga. L. 1886-87, p. 664), as amended, so as to change the number of commissioners; to change the composition of the commissioner districts; to provide for the election of commissioners; to change the compensation of the commissioners; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be null and void; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a board of commissioners of roads and revenues for the County of Berrien, approved February 28, 1887 (Ga. L. 1886-87, p. 664), as amended, is amended
Page 6330
by striking in its entirety Section 1 and inserting in lieu thereof the following: Section 1. (a) The Board of Commissioners of Berrien County shall be composed of four members and a chairman to be elected as provided in this Act. For the purposes of electing candidates to the board, positions on the board shall be numbered 1 through 4, and chairman, respectively. (b) For the purposes of electing members of the Board of Commissioners of Berrien County, Berrien County is divided into four commissioner districts as follows: Commissioner District: 1 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 115, 117, 118, 119, 121, 122, 123, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 134C, 135B, 135C, 136, 137, 138, 139B, 140B, 144B, 145, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 202B, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222B, 271B, 271C, 271D, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285D, 286, 287, 288, 289, 290, 291 Tract: 9704. Block(s): 102, 106, 107, 108, 109, 110, 123, 124, 125, 126, 127C, 128, 129, 130, 201A, 201B, 202, 203B VTD: 0003 ENIGMA VTD: 0004 JORDAN VTD: 0005 NEW RIVER Commissioner District: 2 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9704. Block(s): 127B, 155, 156, 157, 158, 159, 160, 301A, 301B, 301C, 301D, 307, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 327, 328, 329, 330, 332,
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333, 334, 335, 336, 337, 338, 339, 340, 341A, 341B, 342, 343, 344, 345, 346, 347, 348 Tract: 9705. Block(s): 101A, 102A, 103, 104, 105, 106, 107, 108, 109, 121, 122, 123, 124, 125, 126, 127, 128, 129 VTD: 0002 ALPAHA VTD: 0009 UPPER TENTH Commissioner District: 3 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 135A, 139A, 140A, 141, 142, 143, 144A, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 201, 202A, 222A, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269A, 270, 271A, 272, 285A, 285B Tract: 9704. Block(s): 127A, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 302, 303, 304, 305, 306, 308, 309, 310, 311, 312, 313, 314, 315, 326, 331 Tract: 9705. Block(s): 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 130, 131, 132, 133A, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 256A, 257A, 259, 260, 261A, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272A, 273A, 278A, 278B, 288, 289, 290, 291, 292, 293, 294
Page 6332
Commissioner District: 4 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 269B, 285C Tract: 9704. Block(s): 161, 162, 166 Tract: 9705. Block(s): 101B, 102B, 133B, 160, 161, 162, 207, 208, 209, 210, 211, 212, 213, 242, 243, 244, 248, 250, 251, 252, 253, 254, 255, 256B, 257B, 258, 261B, 272B, 273B, 274, 275, 276, 277, 278C, 278D, 279, 280, 281, 282, 283, 284, 285, 286, 287 Tract: 9706. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 127, 128, 129, 130, 131, 132 VTD: 0006 NEW LOIS VTD: 0007 RAY CITY VTD: 0008 LOWER TENTH (c) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown
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on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Berrien County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Berrien County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (d) At the time of their qualification, candidates shall designate by number that post on the board which they desire to offer as candidates for election. In order to be eligible to offer for election to the board, a candidate must be a resident of the commissioner district corresponding to the post number for which he offers as a candidate. A candidate for the position of chairman of the Board of Commissioners of Berrien County may reside anywhere within Berrien County. Members of the board shall be elected by the electors of the district from which they are offering, except that the chairman shall be elected by all the electors of Berrien County. The Board of Commissioners of Berrien County may employ an administrative assistant to the board. The administrative assistant shall serve at the pleasure of the board and the board may delegate to him such responsibilities, powers, and duties as they shall deem appropriate. The board shall fix the compensation to be received by said assistant. (e) Those three members in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected on December 31, 1992. Successors to such members shall be elected at the general
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election in November, 1992, for terms of four years and until their successors are elected and qualified. The first election for the members of the Board of Commissioners of Berrien County under the provisions of this Act shall be conducted in the general election to be held in November, 1994. Candidates shall be elected to new Posts 3 and 4 and shall take office on the first day of January, 1995, following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Candidates shall be elected to Posts 1 and 2, and the Post of Chairman at the general election in November, 1996, and shall take office on the first day of January, 1997, following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Successors shall thereafter be elected in the general election in which their term of office shall expire, take office on the first day of January following their election, and serve for a term of office of four years and until their successors are duly elected and qualified. Section 2 . Said Act is further amended by striking Section 1A in its entirety and inserting in lieu thereof the following: Section 1A. The members of the Board of Commissioners of Berrien County shall be compensated in the amount of $350.00 per month, except that the chairman shall be compensated in the amount of $600.00 per month. In addition, the commissioners and chairman shall be reimbursed for all actual and necessary travel expenses when traveling outside the limits of Berrien County for county purposes. All payments under this section shall be from county funds. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Berrien County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Berrien County for approval or rejection. The election superintendent shall conduct that election at 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
Page 6335
once a week for two weeks immediately preceding the date thereof in the official organ of Berrien County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a Board of Commissioners of Berrien County consisting of four members and a chairman? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Berrien County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Berrien County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 5 . Section 2 of this Act shall become effective January 1, 1993. Section 6 . All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Berrien County, approved March 11, 1968 (Ga. L. 1968, p. 2241), as amended, so as to change the composition of districts from which members are elected; and for other purposes. This 4th day of March, 1992. Hanson Carter Representative, District 146 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes and says that he is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Berrien Press, which is the official organ of Berrien County, on the following date: March 4, 1992. /s/ Hanson Carter Representative, 146th District Sworn to and subscribed before me, this 5th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 16, 1992.
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GWINNETT COUNTYBOARD OF EDUCATION; DISTRICTS. No. 1155 (Senate Bill No. 762). AN ACT To amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved March 2, 1983 (Ga. L. 1983, p. 3573), an Act approved March 21, 1984 (Ga. L. 1984, p. 4435), and an Act approved March 15, 1988 (Ga. L. 1988, p. 3962), so as to change the provisions relating to education districts for the board; to provide for definitions and insertions; to provide for election and terms of office of the members of such board; to provide for a statement of intent; to provide for submission of this Act to the Untied States Attorney General; to provide when such Act shall be void and repealed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act relating to education districts for the election of members of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved March 2, 1983 (Ga. L. 1983, p. 3573), an Act approved March 21, 1984 (Ga. L. 1984, p. 4435), and an Act approved March 15, 1988 (Ga. L. 1988, p. 3962), is amended by striking in their entirety Sections 1 and 1.1 thereof and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The provisions of this section shall govern the election of all members of the Board of Education of Gwinnett County who are elected at the general election in 1992 and thereafter. Each successor shall be elected from and by the voters of the education district described in this Act which is designated by the same district number as the district of the previous member. Future members shall be elected in the same manner. All members shall be elected at
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the general election next preceding the expiration of the term of the member they will replace; and terms of all members shall be for four years beginning on the first day of January next following their election. (b) The five education districts for the election of members of the board shall consist of the following territory within Gwinnett County: Education District: 1 GWINNETT COUNTY VTD: 0011 408B VTD: 0013 408D VTD: 0016 408G VTD: 0017 1564 VTD: 0025 478 VTD: 0027 444B VTD: 0028 407A VTD: 0029 407B VTD: 0030 407C VTD: 0032 544B (Part) Tract: 0505.02 Block(s): 134A, 134B Tract: 0505.07 Block(s): 101A, 101B, 102A, 201, 202, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 306, 307, 308, 309, 310, 311, 701, 702A, 702B, 702C, 703, 704, 705A, 705B, 705C, 705D, 706, 707, 708 VTD: 0033 544C VTD: 0046 1587 VTD: 0055 407D VTD: 0056 407E VTD: 0065 408I VTD: 0068 407F (Part) Tract: 0505.08 Block(s): 801A, 801B, 801C, 801D, 801E, 801F, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813 Tract: 0505.09 Block(s): 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114,
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115, 116, 117A, 117B, 117C, 118, 119A, 119B, 119C, 120A, 120B, 121, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 402, 403, 501, 502, 503, 601A, 601B, 601C, 602A, 602B, 603 Tract: 0507.05 Block(s): 118, 120, 121, 162A, 162B, 163 VTD: 0073 408K Education District: 2 GWINNETT COUNTY VTD: 0018 1263A VTD: 0019 1263B VTD: 0020 1749 VTD: 0024 404A VTD: 0026 444A (Part) Tract: 0502.02 Block(s): 132, 133, 152A, 152B, 152C, 152D, 152E, 152F, 153A, 153B, 153C, 155, 156, 157 Tract: 0506.01 Block(s): 142, 143, 145, 146, 147, 148D, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162 VTD: 0044 1397 (Part) Tract: 0501.02 Block(s): 802A Tract: 0506.01 Block(s): 101, 102, 103, 104, 105B, 105C, 105D, 106, 107C, 107D, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124B, 124C, 124D, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 139, 140, 141, 144, 201, 202, 203A, 203B, 204, 205, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 230, 231, 232, 233, 234, 253, 254 VTD: 0047 550A (Part) Tract: 0501.01 Block(s): 309C, 310B, 311B, 312C, 343B, 347B, 348, 349, 350, 501, 502, 503, 504, 524 Tract: 0501.02 Block(s): 101, 102B, 102C, 103B, 104, 449B, 449C,
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450B, 451, 501 VTD: 0048 550B (Part) Tract: 0501.01 Block(s): 401B, 402B, 403B, 404B, 404C, 405A, 405B, 406B, 407B, 407C, 408B, 408C, 408D, 408E, 409, 410, 505, 506, 507, 508, 509, 510A, 510B, 511, 512A, 512B, 512C, 512D, 512E, 512F, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 525, 526, 527, 528A, 528B, 528C, 528D, 529A, 529B, 529C, 529D, 530A, 530B, 531, 532, 533, 534, 535A, 535B, 536A, 536B, 602, 603, 604, 605, 706, 708, 709, 710, 711, 712, 713A, 713B, 713C, 713D, 713E, 713F, 714A, 714B, 714C, 714D, 715, 716, 717, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 821, 822, 823, 824, 825 Tract: 0501.02 Block(s): 502, 503, 504, 505, 506, 507, 508, 509, 510, 511E, 511F, 511G, 512C, 513, 514, 515, 516A, 516B, 516C, 516D, 516E, 516F, 517A, 517B, 517C, 517D, 518, 519, 605B, 606B, 608, 609, 610, 611A, 611B, 612A, 612B, 613, 614 VTD: 0049 1604 VTD: 0052 1263C VTD: 0053 1263D VTD: 0062 550C (Part) Tract: 0501.01 Block(s): 101C, 101D, 103B, 104E, 105, 106B, 106C, 107, 108D, 109B, 109C, 111B, 113B, 114B, 115E, 116, 117C, 117D, 117E, 118A, 118B, 119B, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213B, 214, 215B, 216B, 218B, 219B, 223B, 223C, 224B, 225B, 225C, 226B, 227B, 228, 701B, 702C, 702D, 702E, 704D, 704E, 705A, 705B, 707, 718B, 718C, 719B, 801, 802, 803, 816B, 817, 818, 819, 820 VTD: 0063 550D (Part) Tract: 0501.02 Block(s): 201B, 202B, 202C, 203B, 204, 205B, 206B, 206C, 206D, 206E, 217B, 218B, 301C, 301D, 301E, 301F, 301G, 301H, 301J, 303B, 304B, 511H, 601B, 602C, 602D, 603, 604B, 604C, 604D,
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605C, 605D, 702C, 702D, 702E, 702F, 703B, 703C, 705B, 705C, 707B, 802D, 802E, 802F, 802G, 803B, 804B, 805B, 812B, 813B, 813C, 815B, 815C VTD: 0067 404B VTD: 0069 544E VTD: 0074 404C Education District: 3 GWINNETT COUNTY VTD: 0034 406A VTD: 0035 406B (Part) Tract: 0504.07 Block(s): 101, 102, 103, 104, 105, 203, 205, 206, 207, 212 VTD: 0036 406C VTD: 0038 406E VTD: 0039 406F VTD: 0040 406G VTD: 0041 406H VTD: 0042 406I VTD: 0043 406J VTD: 0058 406L VTD: 0059 406M VTD: 0060 406N VTD: 0061 4060 VTD: 0070 406P VTD: 0071 406Q (Part) Tract: 0503.14 Block(s): 101, 102, 103, 201, 202, 203, 301, 302, 303, 304, 305, 401, 402, 501, 502 Education District: 4 GWINNETT COUNTY VTD: 0001 1295A VTD: 0002 1295B VTD: 0010 408A VTD: 0012 408C VTD: 0014 408E VTD: 0015 408F
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VTD: 0021 1578A VTD: 0022 1578B VTD: 0023 1578C VTD: 0045 571A VTD: 0051 408H VTD: 0054 1578D VTD: 0066 408J VTD: 0068 407F (Part) Tract: 0507.05 Block(s): 160A, 160C VTD: 0072 571C VTD: 0076 571D VTD: 0077 571B Education District: 5 GWINNETT COUNTY VTD: 0003 405A VTD: 0004 405B VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G VTD: 0031 544A VTD: 0032 544B (Part) Tract: 0505.07 Block(s): 203 VTD: 0035 406B (Part) Tract: 0504.07 Block(s): 201, 202, 204, 208, 209, 210, 211 Tract: 0504.08 Block(s): 103, 104, 105, 106, 107, 108 VTD: 0037 406D VTD: 0050 405H VTD: 0057 406K VTD: 0064 405I VTD: 0071 406Q (Part) Tract: 0504.09 Block(s): 301, 401, 501, 502 VTD: 0075 406R VTD: 0078 544D
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(c) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Gwinnett County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Gwinnett County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (d) Those members of the Gwinnett County Board of Education who were elected from Education Districts 1, 3,
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and 5 at the state-wide November general election in 1988, or any person who is filing a vacancy in such office, shall serve out their terms of office which shall expire December 31, 1992, and upon the election and qualification of their respective successors. Those successors shall be elected at the state-wide November general election in 1992 from Education Districts 1, 3, and 5, but as those districts are described in subsection (b) of this section, and shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 1996. Successors to those members of the board from Education Districts 1, 3, and 5 whose terms of office expire December 31, 1996, shall be elected at the state-wide November general election in 1996, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Thereafter, all future successors to members of the board from Education Districts 1, 3, and 5 whose terms of office are to expire shall be elected at the state-wide November general election immediately preceding the expiration of those terms and shall take office the first day of January immediately following that election for terms of office of four years each. (e) Those members of the Gwinnett County Board of Education who were elected from Education Districts 2 and 4 at the state-wide November general election in 1990, or any person who is filling a vacancy in such office, shall serve out their terms of office which shall expire December 31, 1994, and upon the election and qualification of their respective successors. Those successors shall be elected at the state-wide November general election in 1994 from Education Districts 2 and 4, but as those districts are described in subsection (b) of this section, and shall take office the first day of January immediately following that election, and shall serve for terms of office which expire December 31, 1998. Thereafter, all future successors to members of the board from Education Districts 2 and 4 whose terms of office are to expire shall be elected at the state-wide November general election immediately preceding the expiration of those terms and shall take office the first day of January immediately following that election for terms of office of four years each.
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(f) Members of the board shall serve for the terms of office provided in this section and until their respective successors are elected and qualified. (g) All members who are elected to the board shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' Members of the board shall be elected by a majority of the qualified voters voting in the education district which such member seeks to represent. Section 2 . It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Gwinnett County are to be elected in the November, 1992, general election and in subsequent general elections and results from changes in population based on the United States decennial census of 1990. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Gwinnett County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 session of the General Assembly of Georgia a bill to amend an Act relating to educational districts for the election of
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members of the Board of Education of Gwinnett County, approved April 7, 1972, (Georgia Laws, 1972, Page 4058), as amended, and for other purposes. Signed: Senator R. T. Phillips District 9 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. T. Phillips, who, on oath, deposes and says that he is Senator from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Home Weekly, which is the official organ of Gwinnett County, on the following date: January 30, 1992. /s/ R.T. Phillips Senator, 9th District Sworn to and subscribed before me, this 26th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 17, 1992. RICHMOND COUNTYBOARD OF EDUCATION; ORGANIZATIONAL MEETINGS. No. 1161 (Senate Bill No. 818). AN ACT To amend an Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 29,
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1984 (Ga. L. 1984, p. 5119), so as to change the provisions relating to the organizational meetings of the board of education and the organization and procedures of the board of education; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 29, 1984 (Ga. L. 1984, p. 5119), is amended by striking the first paragraph of Section 3 thereof and inserting in lieu thereof a new first paragraph to read as follows: The board of education shall hold an organizational meeting on the Saturday preceding the second Thursday in January, 1993, and every two years thereafter, at 10:00 A.M., in the office of the board of education. The board shall then proceed to organize by electing one of its members president and one vice president for the term of two years from the Saturday preceding the second Thursday in January, 1993, and until their successors are duly elected and qualified. The president and vice president may be elected to succeed themselves in office. The superintendent of schools shall be secretary of the board. All conveyances and contracts shall be executed on behalf of the board by the president or vice president and the secretary. Section 2 . All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia, a bill to amend an Act entitled An Act to Regulate Public Instruction in the County of Richmond, approved August 23, 1972 (Ga. Laws 1972, p. 456), as amended particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1435), an Act approved
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March 21, 1974, (Ga. Laws, 1974, p. 2545), an Act approved April 11, 1979 (Ga. L. 1979, p. 3990) and an Act approved April 6, 1981, (Ga. L. 1981, p. 3677) Act approved March 29, 1984 (Ga. L. 1984, p. 5119) an Act approved in 1987 and an Act approved in 1989, to provide for the election districts of board members; to provide for the terms of office and transitions; to provide for biennial elections for the members of the Board of Education; to provide for other matters relating to the foregoing; to repeal conflicting laws; and for other purposes. This 4th day of February, 1992. LEONARD O. FLETCHER, JR. Attorney for the County Board of Education of Richmond County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Walker, who, on oath, deposes and says that he is Senator from the 22nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald, which is the official organ of Richmond County, on the following date: February 13, 1992. /s/ Charles W. Walker Senator, 22nd District Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 17, 1992.
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RICHMOND COUNTYBOARD OF EDUCATION; CONTRACTS; BIDS; PURCHASES. No. 1162 (Senate Bill No. 819). AN ACT To amend an Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2545), and an Act approved March 21, 1980 (Ga. L. 1980, p. 3695), so as to change the provisions relating to letting contracts and opening bids; to change the provisions relating to purchasing; to provide for other matters relating to the business affairs of the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2545), and an Act approved March 21, 1980 (Ga. L. 1980, p. 3695), is amended by striking subsection (g) of Section 7 of said Act and inserting in lieu thereof a new subsection (g) to read as follows: (g) The construction of new school buildings in all cases, additions or repairs to old or existing buildings, or the purchase of supplies, materials, or equipment where the cost of such additions, repairs, supplies, materials, or equipment is in excess of $7,500.00 shall not be undertaken except by advertising for bids three successive days in a daily newspaper and in such other publications as deemed appropriate by the board published in Richmond County, which advertisement shall state the time and place at which the secretary of the board of education will receive sealed proposals for the work or commodity in question. The bids shall be opened and read in public at the next meeting of the board and the contract awarded to the lowest responsible bidder or all bids shall be rejected and readvertisement ordered. The names of
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all bidders with the amount of their bids shall be kept on file for one year in the office of the secretary of the board and shall be open to public inspection during regular business hours. No member of the board of education shall participate in the action of the board in awarding a contract in which he is interested personally or as a member of a firm or majority stockholder or office of a corporation. In addition to the procedures for opening and reading bids as required above for purchases in excess of $7,500.00, the superintendent of schools or his designee shall be allowed to open and read such bids in public at the board office on dates prior to any regular or special called board meeting so long as all affected bidders and vendors are notified of the time and place of the bid opening and at least one board member (or more if desired by the board), as from time to time approved and allowed by said board of education is present at said bid opening. If this alternate bid procedure is used, the bids so opened shall be computed and presented to the board of education at its next regular or any special called board meeting and at such meeting the contract shall be awarded to the lowest responsible bidder meeting specifications or all bids shall be rejected and readvertisement reordered. This is an alternate bid opening procedure and does not change any of the requirements for advertisement, public inspection, or any other portion of the laws relating to the Board of Education of Richmond County and its procedure in letting contracts for $7,500.00 or over other than allowing for this one additional method of opening and reading bids. The board of education may set such conditions, terms, and requirements as it deems necessary where the amount of such addition, repair, or purchase costs are less than $7,500.00. Section 2 . All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia, a
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bill to amend an Act entitled An Act to Regulate Public Instruction in the County of Richmond, approved August 23, 1972 (Ga. Laws 1972, p. 456), as amended particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1435) an Act approved march 21, 1974, (Ga. Laws, 1974, p. 2545), an Act approved April 11, 1979 (Ga. L. 1979, p. 3990) and an Act approved April 6, 1981, (Ga. L. 1981, p. 3677) Act approved March 29, 1984 (Ga. L. 1984, p. 5119) an Act approved in 1987 and an Act approved in 1989, to require in the procedure for letting contracts that any construction contract or any purchase in excess of $7,500 shall not be undertaken except by public advertising and that contracts or purchases less than $7,500 shall be in accordance with such procedures determined by the local board of education; to provide for other matters relating to the foregoing; to repeal conflicting laws; and for other purposes. This 17th day of February, 1992. LEONARD O. FLETCHER, JR. Attorney for the County Board of Education of Richmond County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Walker, who, on oath, deposes and says that he is Senator from the 22nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald, which is the official organ of Richmond County, on the following date: February 21, 1992. /s/ Charles W. Walker Senator, 22nd District
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Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 17, 1992. CONASAUGA JUDICIAL CIRCUITDISTRICT ATTORNEY; INVESTIGATOR'S POWER OF ARREST. No. 1163 (Senate Bill No. 850). AN ACT To provide that investigators appointed to assist the district attorney of the Conasauga Circuit may be authorized by the district attorney to make arrests; to provide a procedure for such written authorization; 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) Subject to meeting the qualifications required by subsection (c) of Code Section 15-8-21 of the O.C.G.A., any investigator appointed by the district attorney of the Conasauga Judicial Circuit may be authorized to make arrests, to execute and return all criminal warrants and processes, and to serve as a peace officer. (b) The authorization of any action listed in subsection (a) of this section by any such investigator shall be in writing, signed by the district attorney, and filed with each superior court clerk in the circuit. 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 1992 session of the General Assembly of Georgia a bill to provide that investigators appointed to assist the district attorney to make arrests; to provide a procedure for such written authorization; to provide for related matters; and for other purposes. This 19 day of February 1992. 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 28, 1992. /s/ Tom Ramsey Senator, 54th District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 Approved April 17, 1992.
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GLYNN COUNTYBOARD OF EDUCATION; ELECTIONS; TERMS; DISTRICTS; POWERS; QUALIFICATIONS; OFFICERS; SUPERINTENDENT OF SCHOOLS; COMPENSATION; EXPENSES. No. 1164 (Senate Bill No. 855). AN ACT To amend an Act to consolidate and amend an Act to regulate public instruction in the County of Glynn, approved February 21, 1873 (Ga. L. 1873, p. 256), and the several Acts amendatory thereof, and for other purposes herein mentioned, approved August 12, 1914 (Ga. L. 1914, p. 275), as amended, particularly by an Act approved August 15, 1921 (Ga. L. 1921, p. 487), an Act approved August 20, 1923 (Ga. L. 1923, p. 240), an Act approved August 3, 1923 (Ga. L. 1923, p. 243), an Act approved April 8, 1965 (Ga. L. 1965, p. 3308), an Act approved April 11, 1979 (Ga. L. 1979, p. 3467), an Act approved April 9, 1981 (Ga. L. 1981, p. 4331), and an Act approved March 18, 1985 (Ga. L. 1985, p. 3860), so as to provide for the election and terms of the members of the Board of Education of Glynn County; to provide for the members in office on the effective date of this Act; to provide for election districts; to provide for the powers and authority of the board of education; to provide for qualifications of board members; to provide for a chairman and vice chairman; to provide for the election and term of the superintendent of schools; to provide for the duties and responsibilities of the superintendent of schools; to provide for compensation and reimbursable expenses for members of the board of education and superintendent; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act to consolidate and amend an Act to regulate public instruction in the County of Glynn, approved February 21, 1873 (Ga. L. 1873, p. 256), and the several Acts amendatory thereof, and for other purposes herein mentioned, approved August 12, 1914 (Ga. L. 1914, p. 275), as amended, particularly by an Act approved August 15, 1921 (Ga. L. 1921, p.
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487), an Act approved August 20, 1923 (Ga. L. 1923, p. 240), an Act approved August 3, 1923 (Ga. L. 1923, p. 243), an Act approved April 8, 1965 (Ga. L. 1965, p. 3308), an Act approved April 11, 1979 (Ga. L. 1979, p. 3467), an Act approved April 9, 1981 (Ga. L. 1981, p. 4331), and an Act approved March 18, 1985 (Ga. L. 1985, p. 3860), is amended by striking Sections 1 through 13 and 15 through 18; by striking Section 14, except for the Act amending Section 14, approved March 6, 1962 (Ga. L. 1962, p. 3045), and inserting in their respective places new Sections 1 through 4 to read as follows: Section 1. (a) The Board of Education of Glynn County shall be composed of ten elected members. Each member shall serve for a term of four years until his or her successor is elected and qualified. The members of the board who are in office on the effective date of this Act shall serve until the expiration of the term of office for which they were elected. (b) For the purpose of electing the members of the board of education, Glynn County shall be divided into five education districts. Education Districts 1, 2, 3, 4, and 5 shall correspond to County Commissioner Distircts 1, 2, 3, 4, and 5, respectively, as provided in an Act creating a Board of Commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended by an Act approved March 18, 1976 (Ga. L. 1976, p. 2949), and as may hereafter be amended. Within each education district there shall be two posts which shall be designated 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, and 5B, respectively, at the general election in 1992 and at the general election every fourth year thereafter. Five members of the board shall be elected to represent posts 1A, 2A, 3A, 4A, and 5A, respectively, at the general election in 1992 and at the general election every fourth year thereafter. Five members of the board shall be elected to represent posts 1B, 2B, 3B, 4B, and 5B, respectively, at the general election in 1994 and at the general election every fourth year thereafter. Each candidate for election to the board of education shall be a resident of Glynn County and the respective education district which he or she seeks to represent and shall be elected only by the qualified electors of such education district. All elections shall be conducted in
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accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' as now or hereafter amended. (c) In the event a vacancy occurs on the board for any reason other than the expiration of a term of office, the remaining members of the board shall select a successor to fill such vacancy until the next general election and until the successor is duly elected and qualified. Individuals selected by the board to fill vacancies on the board shall be residents of Glynn County and the election districts which they represent and otherwise shall have the same qualifications as required for candidates seeking election to the board. (d) A chairman and vice chairman shall be elected by the board annually at its first meeting in January. The vice chairman shall act as chairman in the absence or disqualification of the chairman. The chairman shall preside at each meeting of the board and have the duties and authority prescribed by general law and such other duties and responsibilities as may be assigned by the board. (e) The members of the board shall receive an annual salary for their services as now or hereafter provided by law. While meeting or traveling outside of Glynn County the board shall receive reimbursement for actual expenses not to exceed a reasonable amount necessarily incurred. Section 2 . The Board of Education of Glynn County shall have all the power and authority to manage the public schools of Glynn County as provided by the Constitution of Georgia and by general law. Section 3 . The financial transactions of the Glynn County Board of Education shall be audited as required and permitted by Code Section 50-6-6 of the O.C.G.A. The board shall cause an independent audit to be conducted at least annually and place the results of such audit in the Brunswick-Glynn County Public Library where such results shall be available to the public. Section 4 . The Board of Education of Glynn County shall elect the superintendent of schools of Glynn County who
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shall serve either at the pleasure of the board or for such term of office as the board may determine by contract with the superintendent so elected. The superintendent of schools shall have all the duties and responsibilities provided by the Constitution of Georgia and by general law and such other duties and responsibilities as specified by the board. The superintendent shall receive such compensation as the board may provide annually or by contract. 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 1992 session of the General Assembly of Georgia a bill to amend an Act regulate public instruction in the County of Glynn, approved August 12, 1914 (Ga. L. 1914, p. 275), as amended, so as to provide the districts from which members of the board of education of Glynn County are elected; and for other purposes. This 29th day of January, 1992. WILLOU SMITH HONORABLE WILLOU SMITH REPRESENTATIVE, 156TH DISTRICT GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. Joseph Hammill, who, on oath, deposes and says that he is Senator from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News, which is the official organ of Glynn County, on the following date: January 30, 1992. R. Joseph Hammill Senator, 3rd District
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Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 17, 1992. TELFAIR COUNTYBOARD OF EDUCATION; VACANCIES; REFERENDUM. No. 1165 (Senate Bill No. 863). AN ACT To amend an Act providing for the election of members of the Telfair County Board of Education from education districts, approved April 11, 1979 (Ga. L. 1979, p. 3539), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3854), so as to provide that vacancies on the board shall be filled by special election if the unexpired term is more than 180 days; to provide that vacancies shall be filled by majority vote of the board if the unexpired term is 180 days or less; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the election of members of the Telfair County Board of Education from education districts, approved April 11, 1979 (Ga. L. 1979, p. 3539), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3854), is amended by striking in its entirety Section 5 and inserting a new section to read as follows: Section 5. (a) A vacancy shall exist in the board if a member resigns, dies, moves his or her residence from the
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education district, or for any other reason no longer holds office; or if a member is adjudged incompetent or convicted of malfeasance in office; or if a member is convicted of a felony. (b) If the unexpired term is 180 days or less, the remaining members of the board shall choose by majority vote a person who is a resident of the district to fill the vacancy for the unexpired term. (c) If the unexpired term exceeds 180 days, within 15 days after a vacancy occurs the election superintendent of Telfair County shall issue the call for a special election to fill such vacancy for the unexpired term. Such special election shall be held not less than 29 nor more than 45 days after the issuance of the call and shall be held and conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' Candidate shall be residents of the education district in which the vacancy occurred. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Telfair County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Telfair County for approval or rejection. The election superintendent shall conduct that election on the general primary date 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 Telfair County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that vacancies on the board of education of Telfair County shall be filled by special election if the unexpired term exceeds 180 days and shall be filled by majority vote of the
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board if the unexpired term is 180 days or less? 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 Telfair 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 1992 session of the General Assembly of Georgia a bill to amend an Act providing for the election of members of the Telfair County Board of Education from education districts, approved April 11, 1979 (Ga. L. 1979, p. 3539), as amended, so as to change the procedure for filling vacancies on the board of education; and for other purposes. This 9th. day of March, 1992. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter S. Ray, who, on oath, deposes and says that he is Senator from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Telfair Enterprise, which is the official organ of Telfair County, on the following date: March 11, 1992.
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/s/ Walter S. Ray Senator, 19th District Sworn to and subscribed before me, this 12th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 17, 1992. POLK COUNTYHOMESTEAD EXEMPTION; COUNTY AND SCHOOL DISTRICT TAXES; REFERENDUM. No. 1166 (Senate Bill No. 865). AN ACT To provide for homestead exemptions from Polk County ad valorem taxes for county purposes and from Polk County School District ad valorem taxes for educational purposes and to reduce bonded indebtedness 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 a referendum; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . 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 Polk County, including but not limited to taxes to retire bonded indebtedness, but not including
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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 Polk County School District. (3) Ad valorem taxes for the repayment of educational bonded indebtedness means all ad valorem taxes for the repayment of any bonds issued for educational purposes and levied by, for, or on behalf of the Polk County School District. (4) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. Section 2 . Each resident of Polk County who is 65 years of age or older is granted an exemption on that person's homestead from all Polk County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of that homestead. Section 3 . Each resident of the Polk County School District who is 65 years of age or older is granted an exemption on that person's homestead from all Polk County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of that homestead. Section 4 . Each resident of the Polk County School District who is 65 years of age or older is granted an exemption on that person's homestead from all Polk County School District ad valorem taxes for the repayment of educational bonded indebtedness in the amount of $20,000.00 of the assessed value of that homestead. Section 5 . The tax commissioner of Polk County or the designee thereof shall provide application and affidavit forms for the exemptions granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemptions.
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Section 6 . The exemptions shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemptions shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemptions under this Act to notify the tax commissioner of Polk County or the designee thereof in the event that person for any reason becomes ineligible for such exemptions. Section 7 . The exemptions granted by this Act shall not apply to or affect any state taxes. Section 8 . The exemptions granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Polk County ad valorem taxes for county purposes or Polk County School District ad valorem taxes for educational purposes or educational bonded indebtedness. Section 9 . The exemptions granted by this Act shall apply to all taxable years beginning after December 31, 1992. Section 10 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Polk County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Polk County and the Polk County School District for approval or rejection. The election superintendent shall conduct that election on the date of 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 Polk 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) Polk County ad valorem taxes for county purposes in the amount of $4,000.00 for qualified residents who are 65 or
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older; (2) Polk County School District ad valorem taxes for educational purposes in the amount of $20,000.00 for qualified residents who are 65 or over; and (3) Polk County School District ad valorem taxes for the repayment of educational bonded indebtedness in the amount of $20,000.00 for qualified residents who are 65 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 Sections 1 through 9 of this Act, then Sections 1 through 9 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, 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. In the event the election provided for in this section is not conducted on or before the Tuesday after the first Monday in November, 1992, this Act shall stand repealed in its entirety on December 31, 1992. The expense of such election shall be borne by Polk County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 11 . Except as otherwise provided in Section 10 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 12 . All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 Session of the General Assembly of Georgia a bill to provide a homestead exemption from Polk County ad valorem taxes for county purposes and from Polk County School District taxes for educational purposes and for repa[UNK]yment of bonded indebtedness for persons 65 years and older; to provide for a referendum; and other purposes. This 6 day of March, 1992. Honorable Nathan Dean State Senator, 31st District Honorable Bill Cummings Representative, 17th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nathan Dean, who, on oath, deposes and says that he is Senator from the 31st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard, which is the official organ of Polk County, on the following date: March 12, 1992. /s/ Nathan Dean Senator, 31st District Sworn to and subscribed before me, this 19th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 17, 1992.
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CATOOSA COUNTYSUPERIOR COURT; CLERK; CLERICAL HELP. No. 1167 (House Bill No. 1111). AN ACT To amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3904), so as to increase the clerical help allowance of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3904), is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The maximum allowance to be paid for clerical help shall be: Clerical help for the judge of the probate court 34,000.00 per annum Clerical help for the clerk of the superior court 80,000.00 per annum All allowances payable under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help. No person performing such clerical help for the judge of the probate court shall be related to said judge closer than the fifth degree of consanguinity or affinity. No person performing such clerical help for the clerk
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of the superior court shall be related to said clerk closer than the fifth degree of consanguinity or affinity. The allowances provided in this section shall be used to employ full-time clerical help. In no event shall such allowances be used to pay bonuses to full-time employees or to pay for part-time clerical help. In the event the maximum allowance for clerical help is not needed for such purposes, then the unused portion thereof shall remain as part of the general funds of the county. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be requested local legislation to increase the clerical allowance for the Clerk of the Superior Court of Catoosa County, Georgia, at the January, 1992 Session of the General Assembly of the State of Georgia. This the 20th day of December, 1991. Norman L. Stone, Clerk Superior Court 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: December 25, 1991.
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/s/ McCracken Poston, Jr., Representative, 2nd District Sworn to and subscribed before me, this 13th day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992. TOWN OF CARLNEW CHARTER. No. 1169 (House Bill No. 1467). AN ACT To provide a new charter for the Town of Carl; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, a town treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions
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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. The Town of Carl in Barrow County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name and style Town of Carl, and by that name shall have perpetual succession. Section 1.11 . Corporate boundaries. (a) The boundaries of this town 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 general state law. The boundaries of this town 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 town clerk and to be designated, as the case may be: Official Map (or Description) of the Corporate Limits of the Town of Carl, Georgia. Photographic, typed, or other copies of such map or description certified by the town clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The town council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. Section 1.12 . Powers and construction. (a) This town shall have all powers possible for a town to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This town shall have all the powers of self-government not otherwise prohibited by this charter or by general law.
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(b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this town. Said powers shall include, but are not limited to, the following: (1) Air, water pollution, and noise. To regulate the emission of smoke or other exhaust which pollutes the air; to prevent the pollution of natural streams which flow within the corporate limits of the town; 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 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 town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this town; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke
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such licenses after due process for the failure to pay any town taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (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 town and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the town; (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 town from all individuals, firms, and corporations residing in or doing business within the town 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
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town 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 town 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 town's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the town; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (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 town; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the town and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal,
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or mixed property, in fee simple or lesser interest, inside or outside the property limits of the town; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (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 town; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the town as provided by ordinance; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive town planning for development by zoning and to provide subdivision regulation and the like as the town council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (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;
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(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 town; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (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; to own and operate its own franchises for the delivery of such services to include 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
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to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the town 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 town; (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 town; and to negotiate and execute leases over, through, under, or across any town property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the town 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 town; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (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 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;
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(34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, 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 town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and
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(41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases 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 town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE Section 2.10 . Town council creation; number; election. The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and four councilmembers. The mayor and members of town council shall be elected in the manner provided by this charter. All elected officers shall commence service on January 1 following their respective elections. Section 2.11 . Town council terms and qualifications for office. The members of the town council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of the town
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immediately prior to the date of the election of mayor or councilmember; each shall continue to reside in the town during his period of service and to be registered and qualified to vote in municipal elections of this town. Section 2.12 . Vacancy; filling of vacancies; suspensions. (a) Vacancies. The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (b) Suspension. Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the town 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 in this charter. Section 2.13 . Compensation and expenses. The mayor and members of the town council 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 member of town council shall not hold any other town office or town employment during the term for which he was elected. (b) Neither the mayor nor any member of the town council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which he is personally interested. Section 2.15 . Inquiries and investigations. The town council may make inquiries and investigations into the affairs of the town and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in
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the exercise of these powers by the town council shall be punished as provided by ordinance. Section 2.16 . General power and authority of the town council. Except as otherwise provided by the charter, the town council shall be vested with all the powers of government of this town as provided in Article I of this charter. Section 2.17 . Eminent domain. The town council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the town and to regulate the use thereof and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. Section 2.18 . Organizational meetings. The mayor and town council shall hold an organizational meeting on the last week of December following each municipal election. In the event the mayor and mayor pro tempore are serving terms of office which are to expire on December 31 of that election year, the town clerk shall call the meeting to order and the oath of office shall be administered to the newly elected members. New members who are thus sworn shall commence service in their respective offices on the following January 1 without the need for an additional meeting. The oath to be administered by an officer authorized by law to administer oaths shall be as follows: I do solemnly swear that I will faithfully perform the duties of (mayor) (councilmember) of this town and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.19 . Regular and special meetings. (a) The town council shall hold regular meetings at such times and places as prescribed by ordinance.
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(b) Special meetings of the town council may be held on call of the mayor or two members of the town council. Notice of such special 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 members of the town council 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, unless consented to by resolution by the mayor and all members of the town council. (c) All meetings of the town council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible two days prior to such meetings. Section 2.20 . Rules of procedure. (a) The town council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. The rules of procedure adopted shall not expand or restrict any powers assigned to the mayor or members of town council by this charter. (b) All committees and committee chairmen and officers of the town council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. Section 2.21 . Quorum; voting. The mayor and two members of the town council or, in the absence of the mayor, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the town council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the town council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of
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councilmembers with a quorum present shall be required for the adoption of any ordinance, resolution, or motion. Section 2.22 . Ordinances 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 Town of Carl hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24. Upon introduction of any ordinance, the town 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 town clerk and at such other public places as the town council may designate. Section 2.23 . Action requiring an ordinance. Acts of the town 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. Section 2.24 . Emergencies. To meet a public emergency affecting life, health, property, or public peace, the town council may convene on call of the mayor or two members of town council 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 a majority of
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councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance 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 town council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 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 town clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the town clerk for distribution or for purchase at a reasonable price. Section 2.26 . Signing; authenticating; recording; codification; printing. (a) The town clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The town council shall provide for the preparation of a general codification of all the ordinances of the town having the force and effect of law. The general codification shall be adopted by the town council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the town council may specify. This compilation shall be known and cited officially as The Code of the Town of Carl, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the town and shall be made
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available for purchase by the public at a reasonable price as fixed by the town council. (c) The town council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the town council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The town 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 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 town and shall have been a resident of this town immediately preceding his election. He shall continue to reside in this town during the period of his service. He shall forfeit his office on the same grounds and under the same procedure as for councilmembers. Compensation of mayor and councilmembers shall be determined by local ordinance. Section 2.28 . Chief executive officer. The mayor shall be the chief executive of this town. The mayor shall possess all of the executive and administrative powers granted to the town under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this charter. Section 2.29 . Powers and duties of mayor. As the chief executive of this town, the mayor shall: (1) See that all laws and ordinances of the town are faithfully executed;
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(2) Appoint and remove all officers, department heads, and employees of the town except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the town and provide for the coordination of administrative activities; (4) Prepare and submit to the town council a recommended operating budget and recommended capital budget; (5) Submit to the town council at least once a year a statement covering the financial conditions of the town and from time to time such other information as the town council may request; (6) Recommend to the town council such measures relative to the affairs of the town, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (7) Call special meetings of the town council as provided for in subsection (b) of Section 2.19 of this charter; (8) Approve or disapprove ordinances as provided in Section 2.30; (9) Provide for an annual audit of all accounts of the town; (10) Require any department or agency of the town to submit written reports whenever he deems it expedient; and (11) Perform such other duties as may be required by law, this charter, or ordinance. Section 2.30 . Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the town council shall be presented promptly by the town clerk to the mayor.
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(b) The mayor shall within ten days of receipt of an ordinance return it to the town 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 town clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the town council through the town clerk a written statement of the reasons for the veto. The town 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 town clerk to the town council at its next meeting. If the town council then or at its next general meeting adopts the ordinance by an affirmative vote of a majority of all the 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 parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the town council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the town council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) of this section. Section 2.31 . Mayor pro tempore; selection; duties. By a majority vote, the town council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the town council and shall assume the duties and powers of the mayor upon the mayor's disability or absence. The town council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote of all councilmembers. ARTICLE III ADMINISTRATIVE AFFAIRS
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Section 3.10 . Administrative and service departments. (a) Except as otherwise provided in this charter, the town council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the town as necessary for the proper administration of the affairs and government of this town. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the town council. The mayor may suspend or remove directors under his supervision but such shall not be effective for 14 calendar days following the mayor's giving written notice of such action and the reasons therefor to the director involved and to the town council. The director involved may appeal to the town council which, after a hearing, may override the mayor's action by a vote of the majority of all of councilmembers. Section 3.11 . Boards, commissions, and authorities. (a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasijudicial, or quasi-legislative function the town council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the town shall be appointed by the town council for such terms of office and in such manner as shall be provided by ordinance,
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except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The town council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Any member of a board, commission, or authority may be removed from office for cause by a majority vote of all members of the town council. (e) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the town. (f) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (g) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its own members or may appoint as secretary an employee of the town. Each board, commission, or authority of the town may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the town, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the town. Section 3.12 . Town attorney. The town council shall appoint a town attorney, together with such assistant town attorneys as may be authorized and, shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a party, may associate council as needed, may be the prosecuting officer in the municipal court, shall advise the town council, mayor, and other officers and employees of the town concerning legal aspects
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of the town's affairs, and shall perform such other duties as may be required of him by virtue of his position as town attorney. The town attorney shall be a member of the State Bar of Georgia. Section 3.13 . Town clerk. The town council shall appoint a town clerk who shall not be a member of the town council. The office of town clerk may be a part-time or full-time position. The town clerk shall be custodian of the official town seal, maintain town council records required by this charter, maintain a correct record of all proceedings of the town court, and perform such other duties as may be required by the town council. Section 3.14 . Town treasurer. The town council shall appoint a town treasurer, who may be the same person as the town clerk, to collect all taxes, licenses, fees, and other moneys belonging to the town subject to the provisions of this charter and the ordinances of the town and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the town. The town treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. Section 3.15 . Town accountant. The town council shall appoint a town accountant to perform the duties of an accountant. Section 3.16 . Position classification and pay plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the town council for approval. Such plan may apply to all employees of the town and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the town council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed town officials are not town employees. Section 3.17 . Personnel policies. The town council shall adopt rules and regulations consistent with this charter concerning:
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(1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which 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 . Court creation; name. There shall be a court to be known as the Municipal Court of the Town of Carl. Section 4.11 . Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the town 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 the members of the town council, otherwise judges shall serve terms of two years commencing and ending with the first
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meeting of the mayor and town council held in January of each odd-numbered year. (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 town council journal required in Section 2.20 of this charter. Section 4.12 . Convening. The municipal court shall be convened at regular intervals as provided by ordinance. Section 4.13 . Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all town 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 360 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. Maximum punishment for offenses committed under state law shall be those limits established by state 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
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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 town, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (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) 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 town, 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 town. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this town 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
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shall be obtained under the sanction of a judge of the Superior Court of Barrow County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4.15 . Rules for court. With the approval of the town 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 town 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 town clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS AND REMOVAL Section 5.10 . Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.11 . Election of the town council and mayor. (a) There shall be a general municipal election biennially on the first Tuesday following the first Monday in November commencing in 1993. (b) After the initial election in 1993, there shall be elected the mayor and two members of town council at one election and at every other election thereafter. The remaining town 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 town offices and all names of candidates for town offices shall be listed without party designations.
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Section 5.13 . Election by plurality. The person receiving a plurality of the votes cast for any town 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 town 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 town 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. Section 5.15 . Other provisions. Except as otherwise provided by this charter, the town 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. The mayor, members of town council, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) By an order of the Superior Court of Barrow County following a hearing on a complaint seeking such removal brought by any resident of the Town of Carl; (2) By recall pursuant to Georgia law; or (3) Pursuant to the terms of general law. ARTICLE VI FINANCE Section 6.10 . Property tax. The town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town that is subject to such taxation by the state and county. This tax is for the purpose
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of raising revenues to defray the costs of operating the town 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 town council in its discretion. Section 6.11 . Millage rate; due dates; payment methods. The town council by ordinance shall establish a millage rate for the town property tax, a due date, and the time period within which these taxes must be paid. The town council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation and business taxes. The town council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this town or who practice or offer to practice any profession or calling within the town to the extent such persons have a constitutionally sufficient nexus to this town to be so taxed. The town council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13 . Licenses; permits; fees. The town council by ordinance shall have the power to require any individuals or corporations who transact business in this town or who practice or offer to practice any profession or calling within the town to obtain a license or permit for such activity from the town and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude town regulations. Such fees may reflect the total cost to the town of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The town council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14 . Franchises. The town council shall have the power to grant franchises for the use of this town's streets
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and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The town council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book kept by him. The town council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15 . Service charges. The town council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the town for the total cost to the town of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16 . Special assessments. The town council by ordinance shall have the power to assess and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.17 . Construction; other taxes. This town shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this town to govern its local affairs. Section 6.18 . Collection of delinquent taxes and fees. The town council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This
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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 town licenses for failure to pay any town taxes or fees, and providing for the assignment or transfer of tax executions. The Town of Carl shall have the power to file its tax fi. fas. in the Superior Court, State Court, or Magistrate Court of Barrow County and to utilize processes of garnishment and execution to collect those taxes. Section 6.19 . General obligation bonds. The town council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20 . Revenue bonds. Revenue bonds may be issued by the town council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21 . Short-term loans. The town may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22 . Fiscal year. The town council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the town government. Section 6.23 . Preparation of budgets. The town council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
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Section 6.24 . Submission of operating budget to town council. On or before a date fixed by the town council but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the town, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget provided for in this charter, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection. Section 6.25 . Action by town council on budget. (a) The town 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 town council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than thirty-first day of December of each year. If the town council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the town council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unti, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. Section 6.26 . Tax levies. Following adoption of the operating budget, the town council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from
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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 expenses of the general government of this town. Section 6.27 . Changes in appropriations. The town council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. Section 6.28 . Capital improvements budget. (a) On or before the date fixed by the town council, but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The town council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The town council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The town council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the thirty-first day of December of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 6.29 . Independent audit. There shall be an annual independent audit of all town accounts, funds, and financial transactions by a certified public accountant selected by the
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town council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. Section 6.30 . Contracting procedures. No contract with the town shall be binding on the town unless: (1) It is in writing; and (2) It is made or authorized by the town council and such approval is entered in the town journal of proceedings pursuant to Section 2.21 of this charter. Section 6.31 . Centralized purchasing. The town council shall by ordinance prescribe procedures for a system of centralized purchasing for the town. Section 6.32 . Sale of town property. (a) The town council may sell and convey any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The town council may quitclaim any rights it may have in property not needed for public purposes upon 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 town has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the town, the town council may authorize the mayor to execute and deliver in the name of the town a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the town. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest
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the town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10 . Bonds for officials. The officers and employees of this town, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the town council shall from time to time require by ordinance or as may be provided by law. Section 7.11 . Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the town not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the town council. Section 7.12 . First election under this charter. The first municipal election under this charter shall be the Tuesday following the first Monday in November, 1993, at which the mayor and all councilmember positions shall be filled. Two town council seats shall be elected for an initial term of two years. All terms for these seats thereafter shall be for terms of four years as provided in Section 2.11 of this charter. The mayor and the remaining town council seats 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 town 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 town council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. Section 7.14 . Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall
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continue and any such ongoing work or cases shall be completed by such town agencies, personnel, or offices as may be provided by the town council. Section 7.15 . 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 of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. Section 7.17 . Specific repealer. An Act incorporating the Town of Carl in the County of Barrow, approved August 21, 1906 (Ga. L. 1906, p. 831), as amended, is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are repealed. Section 7.18 . Effective date. This charter shall become effective on September 1, 1992. Section 7.19 . General repealer. All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide a new charter for the Town of Carl; to repeal the Act incorporating the Town of Carl, approved August 21, 1906 (Ga. L. 1906, p. 831), as amended; to provide for all matters related thereto; and for other purposes. This 17th day of January, 1992. WAYNE D. McLOCKLIN Attorney for TOWN OF CARL Russell, Adamson Stell, P.C. 109 N. Broad Street Winder, Georgia 30680 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John O. Mobley, Jr., who, on oath, deposes and says that he is Representative from the 64th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Winder News, which is the official organ of Barrow County, on the following date: January 22, 1992. /s/ John O. Mobley, Jr. Representative, 64th District Sworn to and subscribed before me, this 4th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 17, 1992.
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CLAYTON-RABUN COUNTY WATER AND SEWER AUTHORITYCREATION. No. 1170 (House Bill No. 1623). AN ACT To create the Clayton-Rabun County Water and Sewer Authority; to authorize the authority to acquire, construct, equip, operate, maintain, own, and improve self-liquidating projects embracing; sources of water supply; the treatment, distribution, and sale of water and related facilities to individuals, private concerns, municipal corporations, and governmental units; and the collection, treatment, and disposal of sewage waste and any related facilities; to confer powers and impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their terms of office; to provide for vacancies; to authorize the authority to contract with the City of Clayton and Rabun County and with others pertaining to water and sewerage facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of the City of Clayton or Rabun County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds and other obligations of the authority exempt from taxation; to provide for the authority to condemn property; to fix the venue or jurisdiction of actions relating to any provisions of this Act; to provide for severability; to provide for other matters relating to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1 . Short title. This Act shall be known and may be cited as the Clayton-Rabun County Water and Sewer Authority Act. Section 2 . (a) Clayton-Rabun County Water and Sewer Authority. There is created a public body corporation to be called the Clayton-Rabun County Water and Sewer Authority and by such name, style, and title, such body may contract and be contracted with, bring and defend actions, implead and be impleaded, and complain and defend in all courts of law and equity, except that the authority or the trustee acting under any trust indenture shall in no event be liable for any torts committed by any of its officers, agents, or employees. (b) The authority shall consist of five members, three of whom shall be appointed by the governing authority of the City of Clayton, Georgia, and two of whom shall be appointed by the governing authority of Rabun County. With respect to the initial appointments by the governing authority of the city, one member shall be appointed for a term of three years, one member shall be appointed for a term of two years, and one member shall be appointed for a term of one year. With respect to the initial appointments by the governing authority of the county, one member shall be appointed to a term of three years and one member shall be appointed to a term of two years. Thereafter, all appointments shall be made for terms of three years and until successors are appointed and qualified. (c) Immediately after the passage of this Act and the appointment of the members by the governing authorities of the City of Clayton and Rabun County, the members of the authority shall enter upon their duties, and as soon as it is practicable thereafter, they shall hold an organizational meeting. The members of the authority shall elect one of their number as chairman and another as vice chairman. The members shall also elect a secretary and a treasurer, or a secretary-treasurer, who need not be members of the authority. Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the authority of the quorum to exercise all of the rights and powers of and perform all of the duties and obligations of the authority. The appointing governing authorities may provide by joint resolution for compensation for the services of the members
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of the authority in such amounts as they may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority may make rules and regulations and adopt bylaws for its own government. The authority shall have perpetual existence. Section 3 . Vacancies. Any vacancy in the membership of the authority shall be filled for the remainder of the unexpired term by the governing authority of the county or municipality which appointed the member who has vacated his or her membership on the authority. Section 4 . Definitions. As used in this Act, the term: (1) Authority means the Clayton-Rabun County Water and Sewer Authority created by Section 2 of this Act. (2) Cost of the project means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges, interest prior to and during construction, and for one year after completion of construction, the cost of engineering, architectural, fiscal, and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized in this Act, the construction of the project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority with respect to the financing and operating of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall
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be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Project means and includes the acquisition and construction of systems, plants, works, instrumentalities, and properties: (A) used or useful in connection with the obtaining of a water supply and the conservation, treatment, distribution, and sale of water for public and private uses; or (B) used or useful in connection with the collection, treatment, and disposal of sewage and waste; together with all parts of any such system, plant, work, instrumentality, and property and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk-connecting and other sewers and water mains, filtration works, pumping stations, and equipment. (4) Revenue bonds and bonds means revenue bonds authorized to be issued pursuant to this Act, and revenue bonds may be issued by the authority as authorized in this Act without any other actions or proceedings. (5) Self-liquidating means any project which, in the sole judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. Section 5 . Powers. The authority shall have the power: (1) To have a seal and alter the same at its pleasure;
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(2) To acquire by purchase, lease, gift, or otherwise, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the action or proceedings as may be just to the authority and to the owners of the property to be condemned, provided no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To enter into an agreement with the City of Clayton or Rabun County or with any other political subdivision or municipal corporation of the state with respect to acquiring a source of water supply; providing sewerage service, preparing engineering data, plans, and specifications for a water and sewerage system; extending water mains; apportioning the costs of constructing, extending, and maintaining a water or sewerage system, or both; providing for the testing and inspection of facilities constructed; providing for rates to be charged for water and sewerage services furnished to users of such system; providing for the reading of meters and keeping of pertinent records; or apportioning or designating the responsibility
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for any functions normally maintained by a water and sewerage system at the most reasonable cost possible; (5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (6) To make contracts and leases and to execute all instruments necessary or convenient thereto, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state and all special districts and all municipal corporations located in Rabun County are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of this paragraph, authority is specifically granted to municipal corporations, special districts, and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water and sewerage service and facilities or either of them by the authority to such municipal corporations, special districts, and counties to the authority for a term not exceeding 50 years. As to any political subdivision, department, institution, or agency of this state and all special districts and municipal corporations located in Rabun County which shall enter into an agreement under the authority granted in this paragraph or in paragraph (4) of this section, the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be and is pledged; (7) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act, the cost of any such project to be paid in whole or in part from the
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proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency, instrumentality, or political subdivision thereof; (8) To make loans with, and accept grants or loans of money or materials or property of any kind from, the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (9) To make loans with, and accept grants or loans of money, materials, or property of any kind from, the State of Georgia or any agency, instrumentality, or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency, instrumentality, or political subdivision may impose; (10) To borrow money for any of its corporate purposes, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and to approve, execute, and deliver appropriate evidence of any such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; (12) To investigate the conditions of the City of Clayton's and Rabun County's water and sewer plant and facilities, necessary improvements for each system and the costs of same, and the costs of expanding the systems in the future; and (13) To do all things necessary or convenient to carry out the powers expressly given in this Act.
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Section 6 . Financing projects. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created in this Act, shall have power and is authorized at one time, or from time to time, to borrow money for the purpose of paying all or any part of the cost, as defined in this Act, of any one or more projects and to provide by resolution for issuance of negotiable revenue bonds for that purpose. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. The interest rate or rates to be borne by any bonds and the time of payment of such interest shall be fixed, and with respect to any interest rate which floats in response to a variable, the method of calculation shall be fixed by the authority in the resolution providing for the issuance of all bonds. Any bonds issued by the authority shall be exempt from all laws of the State of Georgia governing usury or prescribing or limiting interest rates to be borne by bonds or other obligations. Section 7 . Revenue bonds; form; denominations; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for registration, conversion, and exchangeability privileges and for rights of redemption and may contain such other terms, covenants, assignments, and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Section 8 . Same; signatures; seals. All such bonds shall bear the manual or facsimile signature of the chairman or vice
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chairman of the authority and the attesting manual or facsimile signature of the secretary, assistant secretary, or secretary-treasurer of the authority, and the official seal of the authority shall be affixed thereto, either manually or by facsimile. The signature of one of such officers shall be placed manually on each bond. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairman or vice chairman and the secretary, assistant secretary, or secretary-treasurer of the authority. Any coupon may bear the facsimile signature of and may be manually signed, sealed, and attested on behalf of the authority by those persons who at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of issuance of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bond or on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. Section 9 . Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of the State of Georgia pertaining to negotiable instruments. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state. Section 10 . Same; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be in the best interest of the authority. Section 11 . Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, shall be deemed to be of the same issue and shall be entitled to pay from the same fund without preference
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or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be used for paying the principal of and the interest on such bonds. Section 12 . Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 13 . Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 14 . Same; conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of the quorum as provided in this Act. Section 15 . Same; credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia, the City of Clayton, or Rabun County nor a pledge of the faith and credit of such state, municipality, or county, but such bonds shall be payable solely from the fund provided for in this Act, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate such state, municipality, or county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the provisions enumerated in this section.
Page 6413
Section 16 . Same; trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank inside or outside the state having the powers of a trust company. Such trust indenture may pledge or assign fees, tolls, charges, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys; may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and shall be satisfactory to the original purchasers of the bonds issued therefor; may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of private corporations. In addition, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 17 . Same; to whom proceeds of bond shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in any trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer
Page 6414
or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 18 . Same; sinking fund. The revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such fees, tolls, charges, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated together with any grant funds, may be pledged and allocated by the authority to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust indenture may provide, and such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which shall be pledged to and charged with the payment of: (1) the interest on such revenue bonds as such interest shall fall due; (2) the principal of the bonds as the same shall fall due; (3) the necessary charges of paying agents for paying principal and interest; and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in any trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or of any trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall immediately be canceled and shall not again be issued. Section 19 . Same; remedies of bondholders. Any holders of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the bonds or by any trust indenture, may, either at
Page 6415
law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 20 . Same; refunding bonds. The authority is authorized to provide by resolution for the issaunce of refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon, and to refund any revenue bonds issued by any city, county, or authority with respect to any facilities to be acquired by the authority from any such city, county, or authority. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the provisions of this Act insofar as such provisions may be applicable. Section 21 . Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any action against such authority shall be brought in the Superior Court of Rabun County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in such court, which shall have exclusive, original jurisdiction of such actions. Section 22 . Same; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or any other party which has contracted with the authority to furnish or receive the services and facilities of the water and sewerage system for which bonds are to be issued and sought to be validated, and such municipality, county, authority, subdivision, or instrumentality
Page 6416
or other party shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds, against the authority issuing the same, and any municipality, county, authority, subdivision, instrumentality, or other party contracting with the authority. Section 23 . Same; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and upon the issuance of bonds under the provisions of this Act shall constitute a contract with the holders of such bonds. Section 24 . Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as proceeds of short-term loans, as grants or other contributions, or as revenues, fees, and earnings shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 25 . Purpose of the authority. Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, equipping, constructing, maintaining, and operating adequate water supply, treatment, and distribution facilities and sewerage collection, treatment, and distribution facilities; making such facilities and the services thereof available to public and private consumers and users located in the City of Clayton and Rabun County and its environs, including municipalities inside or outside such county, and to adjoining counties; extending and improving such
Page 6417
facilities; and doing all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation for such type of undertakings. Section 26 . Rates, charges, and revenues; use. The authority is authorized to prescribe, fix, and collect rates, fees, tolls, or charges and to revise from time to time and collect such rates, fees, tolls, or charges for the services, facilities, or commodities furnished, and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as provided in this Act to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of the water and sewerage system, and to pledge to the punctual payment of such bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made. Section 27 . Tax-exempt status of authority. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any city, county, or the state or any political subdivision thereof. Section 28 . Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act. Section 29 . Powers declared supplemental and additional. The provisions of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 30 . Liberal construction of Act. This Act, being for the welfare of various political subdivisions of this state
Page 6418
and its inhabitants, shall be liberally construed to effect the purposes of this Act. Section 31 . Effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of any competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 32 . Other existing powers and authority. This Act does not in any way take from the City of Clayton or Rabun County or any municipality located in Rabun County or in any adjoining county the authority to own, operate, and maintain water systems or issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. Section 32 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 33 . Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide for the creation and establishment of a Clayton - Rabun County Water and Sewage Authority and for other purposes. This 2 day of January, 1992. N. William Pettys, Jr. Attorney for Rabun County, Georgia COUNTY OF FULTON STATE OF GEORGIA Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs, who, on
Page 6419
oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune, which is the official organ of Rabun County, on the following date: Jan. 9, 1992. /s/ Ralph Twiggs Representative 4th District Sworn to and subscribed before me, this 14th day of January, 1992. /s/ Connie S. Guzzetti My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992. LEE COUNTY UTILITIES AUTHORITYCREATION. No. 1171 (House Bill No. 1738). AN ACT To create the Lee County Utilities Authority and to authorize such authority to acquire, construct, operate, and maintain self-liquidating projects embracing sources of water supply and the districtuion and sale of water and related facilities to individuals, private concerns, and municipal corporations; to acquire, construct, operate, maintain, and equip sewerage facilities useful and necessary for the gathering of waste matter and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment ponds, plants, and lagoons and additions and improvements to and extensions of such facilities within and outside the territorial boundaries of Lee County so as to assure an adequate sewerage system; to operate and maintain the distribution and sale of cable television services and natural gas to individuals, private concerns, and municipal corporations; to confer powers and impose
Page 6420
duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to the water, sewerage, cable television, and natural gas utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or certificates of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertakings or projects and to authorize the collecting and pledging of the revenues and earnings of the authority for the payment of such bonds or certificates and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debts of Lee County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or certificates of the authority exempt from taxation; to provide for the authority to condemn property of every kind; to authorize the issuance of refunding bonds or certificates; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or certificates be validated; to provide for the separate enactment of each provision of this Act; to repeal conflicting laws; and for other purposes. WHEREAS, Lee County is steadily increasing in population and the matter of obtaining and distributing utility service to the various municipalities located therein and to other users of such facilities is of prime importance and essential to the health and welfare of citizens within its boundaries and environs; and WHEREAS, it is advisable to authorize the financing, in whole or in part, of the acquisition, construction, and the installation of projects embracing sources of water supply, and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations, the collection and treatment of sewage, the distribution and sale of cable television services and natural gas to individuals, private concerns, and municipal corporations for the distribution of same throughout the county and environs by the issuance of revenue certificates or bonds of the authority for that purpose.
Page 6421
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 Lee County Utilities Authority Act. Section 2 . Lee County Utilities Authority. There is created a body corporate and politic, to be known as the Lee County Utilities 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, complain and defend in all courts of law and equity. The authority shall consist of five members, all of whom shall be freeholders and citizens of Lee County. Each of the members shall be appointed by a majority vote of the board of county commissioners of Lee County, Georgia. Two of such members shall be appointed for initial terms to expire June 30, 1994. Three of such members shall be appointed for initial terms to expire June 30, 1996. Thereafter, each succeeding member shall be appointed for a term of four years. Members of the authority shall be eligible for reappointment. The five members shall select their own chairman and vice-chairman. Immediately after such appointments, the members of the authority shall enter upon their duties. In addition to the chairman, the authority shall elect one of its members as vice-chairman and it may also elect a secretary and treasurer, who need not necessarily be members 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 members of the authority shall be entitled to compensation for their services at the rate of $300.00 per year, except the chairman who shall receive $500.00 per year, and all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 3 . Definitions. As used in this Act, the following words and terms shall have the following meanings:
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(1) Authority shall mean the Lee County Utilities Authority created by Section 2 of this Act. (2) Cost of the project shall embrace the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction; and for one year after completion of construction, the cost of engineering, architectural, and legal expenses, the cost of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized in this Act, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Project shall be deemed to mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply; the treatment of water and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, within and outside the territorial boundaries of Lee County; and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the authority necessary or convenient for the efficient operation of such type of undertaking; the acquisition, construction, equipping, operation, and maintenance of sewerage facilities useful and necessary for the gathering of waste matter and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment ponds, plants, and lagoons and additions and improvements to and extensions of such facilities within and outside the
Page 6423
territorial boundaries of Lee County so as to assure an adequate sewerage system, the distribution and sale of cable television services and natural gas to individuals, private concerns, and municipal corporations. (4) Revenue bonds and bonds mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as now or hereafter amended, known as the Revenue Bond Law, and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority the issuance of which are specifically provided for in this Act. (5) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. Section 4 . Powers. The authority shall have powers: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority. The authority shall be under no
Page 6424
obligation to accept and pay for any property condemned under this Act except from the fund provided under 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. No property shall be acquired under the provisions of this Act upon which any lien or other incumbrance 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 incumbrance. If the authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment to the state treasurer for the credit of the general fund of the state of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the authority; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water, sewer, cable television, and natural gas and related services and
Page 6425
facilities by the authority to such municipal corporations and counties for a term not exceeding 50 years; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this Act, the cost of any such projects to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose; (8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this state; and (10) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5 . Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds 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
Page 6426
this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may 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 6 . Same; form; denominations; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 7 . Same; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the delivery date of such bonds such persons may not have been so authorized or shall not have held such office. Section 8 . Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act
Page 6427
shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. Such bonds and the income thereof shall be exempt from all taxation within the state. Section 9 . Same; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority. Section 10 . Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which said bonds are issued, the surplus shall be paid into the fund provided in this Act for the payment of principal and interest of such bonds. Section 11 . Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions issue interim receipts, interim certificates, or temporary bonds with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 12 . Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 13 . Conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the
Page 6428
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 . Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Lee County or a pledge of the faith and credit of Lee County, but such bonds shall be payable solely from the fund provided for in this Act and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 15 . Same; trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated
Page 6429
under the laws of this state to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of 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 16 . Same; to whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 17 . Same; sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated may be pledged and allocated by the 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 payments of: (1) the interest upon such revenue bonds as such interest shall fall due; (2) the principal of the bonds as the same shall fall due; (3) the necessary charges of paying agents for paying principal and interest; and (4) any premium upon bonds retired by call or purchase as provided in this Act. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in
Page 6430
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 again be issued. Section 18 . Same; remedies of bondholders. Except to the extent of the rights provided in this Act, any holder of revenue bonds or any of the coupons appertaining thereto issued under the provisions of this Act and the trustee under the trust indenture, if any, may be restricted by resolution passed before the issuance of the bonds or by the trust indenture and may either at law or in equity or by suit, action, mandamus, or other proceedings protect and enforce any and all rights under the laws of the State of Georgia or granted by this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 19 . Same; refunding bonds. The authority is authorized to provide by resolution for the issue of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 20 . Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Lee County, Georgia, and any action pertaining
Page 6431
to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 21 . Same; validation./Bonds of the authority shall be confirmed and validated in accordance with the 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, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the water system or other utilities for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds against the authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality, contracting with the said Lee County Utilities Authority. Section 22 . Same; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, 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 23 . Moneys received considered trust funds. All moneys received pursuant to the authority of this Act,
Page 6432
whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 24 . Purpose of the authority. Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, operating, and maintaining self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations; the acquisition, construction, equipping, operation, and maintenance of sewerage facilities useful and necessary for the gathering of waste matter, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment ponds, plants, and lagoons and additions and improvements to and extensions of such facilities within and outside the territorial boundaries of Lee County so as to assure an adequate sewerage system, to operate and maintain the distribution and sale of cable television services and natural gas to individuals, private concerns, and municipal corporations; but such general purpose shall not restrict the authority from selling and delivering such utilities directly to consumers in the unincorporated areas of Lee County. Section 25 . Rates, charges, and revenues; use. The authority is authorized to prescribe, fix, and collect rates, fees, tolls, or charges and to revise from time to time the same for the services, facilities, or commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as provided in this Act to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvements, betterment, or extension of the water utility system and other utilities and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made. Section 26 . Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed
Page 6433
under the provisions of this Act, including the basis on which water service and other utilities and facilities shall be furnished. Section 27 . Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Lee 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 Lee County when in the performance of their public duties or work of the county. Section 28 . Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. Section 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 of this Act. Section 30 . 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 decisions of such court shall not affect or impair any of the remaining provisions. Section 31 . Repeal. This Act does not in any way take from Lee County or any municipality located therein the authority to own, operate, and maintain utility systems or issue revenue certificates as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. All laws and parts of laws in conflict with this Act are repealed.
Page 6434
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given pursuant to O.C.G.A. Section 28-1-14 of the intention to introduce local legislation during the 1992 session of the General Assembly a bill to create a Lee County Public Utility Authority. This 15th day of January, 1992. William E. Cannon, Jr. County Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lee County Ledger, which is the official organ of Lee County, on the following date: January 23, 1992. /s/ Bob Hanner Representative, 131st District Sworn to and subscribed before me, this 17th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 17, 1992.
Page 6435
CITY OF LILBURNFRANCHISE TERMS. No. 1172 (House Bill No. 1941). AN ACT To amend an Act incorporating the City of Lilburn in the County of Gwinnett, approved March 18, 1980 (Ga. L. 1980, p. 3164), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3740), 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 incorporating the City of Lilburn in the County of Gwinnett, approved March 18, 1980 (Ga. L. 1980, p. 3164), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3740), is amended by striking Section 7.11 in its entirety and substituting in lieu thereof a new Section 7.11 to read as follows: 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 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. 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.
Page 6436
NOTICE OF INTENTION TO INTRODUCE LEGAL LEGISLATION Notice is hereby given that legislation will be introduced at the 1992 session of the General Assembly to amend and 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 27th day of December, 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: December 26, 1991. /s/ Emory Morsberger Representative, 62nd District Sworn to and subscribed before me, this 26th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992.
Page 6437
PULASKI COUNTYBOARD OF EDUCATION; DISTRICTS; ELECTIONS. No. 1174 (House Bill No. 1948). AN ACT To amend an Act to provide for nonpartisan nomination and election of the members of the Board of Education of Pulaski County, approved March 19, 1987 (Ga. L. 1987, p. 4241), so as to change the composition of the education districts; to provide for certain definitions and inclusions; to provide for the election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act to provide for nonpartisan nomination and election of the members of the Board of Education of Pulaski County, approved March 19, 1987 (Ga. L. 1987, p. 4241), is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. (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: Education District: 1 PULASKI COUNTY VTD: 1601 HAWKINSVILLE (Part) Tract: 9502.
Page 6438
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118B, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 135, 136, 137, 138, 139, 140, 141B, 142, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 168, 169, 170, 506A, 506B, 507A, 507B, 510A, 510B, 528 VTD: 1602 HARTFORD (Part) Tract: 9501. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 128, 131, 132, 142, 145 Education District: 2 PULASKI COUNTY VTD: 1601 HAWKINSVILLE (Part) Tract: 9502. Block(s): 118A, 118C, 143, 163A, 163B, 163C, 163D, 201, 202, 203, 204, 301, 302, 303, 304, 305, 310, 311, 312, 313, 314A, 314B, 315, 316, 317, 318, 319, 320, 324, 325, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 411, 412, 413, 414, 415, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 441, 442 Education District: 3 PULASKI COUNTY VTD: 1601 HAWKINSVILLE (Part) Tract: 9502. Block(s): 141A, 164, 165, 166, 167A, 167B, 167C, 171, 172A, 172B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 306, 307, 308, 309, 321, 322, 323, 331, 501, 502, 503, 504, 505, 511, 512, 513, 514, 515, 516, 521
Page 6439
Education District: 4 PULASKI COUNTY VTD: 1601 HAWKINSVILLE (Part) Tract: 9502. Block(s): 134, 508, 509A, 509B, 509C, 517, 518, 519, 523, 524, 525, 526, 527, 529, 530A, 530B, 531, 532, 533, 534, 535, 536, 537, 538, 539A, 539D, 539E, 539F, 539G, 539H, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 618, 619, 620B, 621, 622, 623 Education District: 5 PULASKI COUNTY VTD: 1603 DUPREE VTD: 1605 BLUE SPRINGS VTD: 1606 FINLEYSON Education District: 6 PULASKI COUNTY VTD: 1601 HAWKINSVILLE (Part) Tract: 9502. Block(s): 408, 409, 410, 416, 417, 418, 419, 420, 421, 432, 433, 434, 435, 436, 437, 438, 439, 440, 520, 522, 539B, 539C, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549A, 549B, 550A, 550B, 617, 620A, 624A, 624B, 625, 626A, 626B, 627A, 627B, 627C, 628A, 628B, 629A, 629B, 630, 631A, 631B, 632, 633, 634A, 634B, 635, 636, 637, 638A, 638B, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657 Education District: 7 PULASKI COUNTY VTD: 1602 HARTFORD (Part) Tract: 9501. Block(s): 126, 127, 129, 130, 133, 134, 135, 136, 137, 138, 139, 140, 141, 143, 144, 146, 147, 148, 149, 150, 151, 201, 202, 203, 204, 205, 206, 207, 208,
Page 6440
209, 210, 211, 212, 213, 214, 215, 216, 217, 219, 220, 222, 223, 227 VTD: 1604 MITCHELL (c) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Pulaski County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Pulaski County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according
Page 6441
to the United States decennial census of 1990 for the State of Georgia. (d) Education Districts 1, 2, 3, 4, 5, 6, and 7 as they existed on January 1, 1992, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, and 7, respectively, but as newly described under this section on and after the date this subection becomes effective in 1992, and members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section. (e) (1) The members of the board of education in office on January 1, 1992, representing former Education Districts 3, 4, and 7 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1996. At the general election in 1996 and every six years thereafter, members of the board shall be elected from Education Districts 3, 4, and 7 pursuant to this Act. (2) The members of the board of education in office on January 1, 1992, representing former Education Districts 2, 5, and 6 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every six years thereafter, members of the board shall be elected from Education Districts 2, 5, and 6 pursuant to this Act. (3) The member of the board of education in office on January 1, 1992, representing former Education District 1 shall serve out the remainder of the term to which such member was elected, such term expiring on December 31, 1994. At the general election in 1994 and every six years thereafter, a member of the board shall be elected from Education District 1 pursuant to this Act. (f) Successors to the members of the Board of Education of Pulaski County nominated and elected under subsections (a), (b), (c), (d), and (e) of this section and future successors shall be nominated and elected at nonpartisan
Page 6442
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. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Pulaski County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that I intend to introduce legislation in the 1992 Session of the General Assembly of Georgia to provide for redistricting the Pulaski County School Board Districts in order to cause compliance with applicable law. This 3rd day of February, 1992. 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 Dispatch and News, which is the official organ of Pulaski County, on the following date: February 5, 1992.
Page 6443
/s/ W. N. Hudson Representative, 117th District Sworn to and subscribed before me, this 28th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992. CITY OF CENTERVILLECORPORATE LIMITS. No. 1176 (House Bill No. 1954). 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 4, 1991 (Ga. L. 1991, p. 4172), 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 incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4172), is amended by inserting at the end of paragraph (2) the following: Also included within the corporate limits of the City of Centerville is the following described property: The public right of way of Old Powersville Road from a point where the westerly line of land lot 113 intersects
Page 6444
with such road 1.17 miles in a westerly direction to the easternmost line of the intersection with U.S. Highway 41. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE is hereby given that there will be introduced in the 1992 session of the General Assembly of Georgia a bill to amend the Charter of the City of Centerville so as to extend the corporate limits; to repeal conflicting laws; and for other purposes. This 24th day of January, 1992. HOMER JAY WALKER, III Representative of the 113th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Jay Walker III, who, on oath, deposes and says that he is Representative from the 113th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal, which is the official organ of Houston County, on the following date: January 29, 1992. /s/ H. Jay Walker III Representative, 113th District
Page 6445
Sworn to and subscribed before me, this 28th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 17, 1992. CITY OF ACWORTHCORPORATE LIMITS. No. 1225 (House Bill No. 1543). 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, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4736), 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 and providing a new charter for the City of Acworth, approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4736), is amended by adding at the end of Section 1.11 a new subsection (d) to read as follows: (d) In addition to any other property included within the corporate limits of the City of Acworth, such corporate limits shall also include the following described property: (1) ALL THAT TRACT or parcel of land lying and being in Land Lot 6, 20th District, 2nd Section, Cobb
Page 6446
County, Georgia, being more particularly described as follows: BEGINNING at the intersection of the southwesterly right-of-way of N. Main St., formerly State Route 293, and the southerly right-of-way of Robinson Road (30' right-of-way); thence north 86 degrees 59 minutes 57 seconds west, 205.79 feet along the southerly right-of-way of Robinson Road and the City Limits Line to a point; thence south 03 degrees 20 minutes 35 seconds west, 295.65 feet along the City Limits Line to a point; thence south 28 degrees 32 minutes 10 seconds east, 53.98 feet along the City Limits Line to a point; thence north 56 degrees 30 minutes 56 seconds east, 334.13 feet along the City Limits Line to a point on the southwesterly right-of-way of N. Main Street, formerly State Route 293; thence along the southwesterly right-of-way of North Main Street, formerly State Route 293, north 28 degrees 59 minutes 40 seconds west, 168.58 feet to the POINT OF BEGINNING, according to survey for Richard Barber dated June 10, 1985, by Allatoona Surveying Company, Robert J. Breedlove, RLS #2228. (2) All that parcel or tract of land lying and being in Land Lot 11, 20th District, 2nd Section, Cobb County Georgia and being more particularly described as follows: BEGINNING at a point located at the intersection of the west land lot line of Land Lot 11 and the south R/W line of Baker Rd. (being a 40' R/W); run thence easterly along said south R/W line of Baker Rd. the following courses and distances, S8308[UNK]26[UNK]E 275.00 ft., S8255[UNK]29[UNK]E - 464.95 ft., S8425[UNK]13[UNK]E - 347.82 ft. (537.32 ft. of these three courses are across Baker Road from existing City Limits) S8531[UNK]06[UNK]E - 123.68 feet, N8831[UNK]31[UNK]E - 231.80 feet (ch.) to a point; thence S0120[UNK]57[UNK]W leaving said R/W of Baker Road a distance of 359.94 feet to a point; thence S8815[UNK]23[UNK]E a distance of 194.59[UNK] to a point thence N8218[UNK]56[UNK]E a distance of 212.80 Feet to a point; thence S0023[UNK]04[UNK]E a distance of 1399.73 feet to a point on the south land lot line of land lot 11; thence N8856[UNK]00[UNK]W along said south land lot line of land lot 11
Page 6447
a distance of 1850.6 feet more or less to a point at the common corner of land lots 10, 11, 28, 29; thence northerly along the west land lot line of land lot 11; the following courses and distances, N0008[UNK]51[UNK]E - 865.24 feet, N0014[UNK]59[UNK]W -509.83 feet along existing city limits, N0011[UNK]04[UNK]E - 456.71 feet along existing city limits to a point on the south R/W line of Baker Road, said point being the point of Beginning. Said tract containing 70.6 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 1992 session of the General Assembly of Georgia a bill 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; and for other purposes. This 14 day of January, 1992. Jack Vaughan Delegation Secretary Honorable Fred Aiken Representative, 21st District Honorable Bill Atkins Representative, 21st District Honorable Eugene T. Clark Representative, 20th District Honorable Tom Cauthorn Representative, 20th District Honorable Lynda Coker Representative, 21st District Honorable John W. Hammond Representative, 20th District Honorable Kip Klein Representative, 21st District Honorable Debra A. Mills
Page 6448
Representative, 20th District Honorable Jack Vaughan Representative, 20th District Honorable Tom Wilder Representative, 21st District Honorable Charles C. Clay Senator, 37th District Honorable Sallie Newbill Senator, 56th District Honorable Hugh A. Ragan Senator, 32nd District Honorable Steve Thompson Senator, 33rd 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: January 17, 1992. /s/ Eugene T. Clark Representative, 20th District Sworn to and subscribed before me, this 5th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992.
Page 6449
CITY OF ALPHARETTAMAYOR AND COUNCIL; DISTRICTS; ELECTIONS; TERMS; REFERENDUM. No. 1226 (House Bill No. 1729). AN ACT To amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, so as to divide the City of Alpharetta into six election districts; to provide for definitions and insertions; to provide for the manner of election of the mayor and councilmembers; to provide for election dates and terms of office; to provide for reapportionment of election districts; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to provide for a referendum; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, is amended by striking Section 5.11 in its entirety and inserting in lieu thereof a new Section 5.11 to read as follows: Section 5.11. Election of the mayor and city council. The mayor and each councilmember shall be elected for staggered terms of four years, except that the initial terms of councilmembers for Districts 1, 2, and 3 shall be five years. Effective for all municipal elections occurring in 1992 and in subsequent years, the city shall consist of six election districts as provided in Section 5.13 of this charter. The initial election of councilmembers for Districts 1, 2, and 3 shall be held on the third Tuesday in October, 1992. The initial election for the mayor and councilmembers for District 4, 5,
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and 6 shall be held on the Tuesday next following the first Monday in November, 1995. Thereafter, a municipal general election shall be held every two years on the Tuesday next following the first Monday in November. Section 2 . Said Act is further amended by striking Section 5.13 in its entirety and inserting in lieu thereof a new Section 5.13 to read as follows: Section 5.13. Councilmembers elected by districts. (a) Effective for all municipal elections occurring in 1992 and in subsequent years, the territory of the city shall consist of six election districts to be designated respectively as Districts 1 through 6. (b) The election districts shall be as follows: Election District: 1 FULTON COUNTY VTD: 00K5 AP01 (Part) Tract: 0116.02 Block(s): 503, 504, 505, 506A VTD: 00X3 AP02 (Part) Tract: 0116.01 Block(s): 105A, 115, 117, 118, 119, 120, 121, 403A, 405A, 405B, 407, 408A, 409, 410, 505A, 506 Election District: 2 FULTON COUNTY VTD: 00K5 AP01 (Part) Tract: 0116.02 Block(s): 603A VTD: 00X3 AP02 (Part) Tract: 0115. Block(s): 409A, 410, 411A, 411B, 411C, 412A Tract: 0116.01 Block(s): 101A, 101B, 102A, 103A, 104A, 106, 107, 108A, 110C, 110D, 111, 113, 114, 116, 122, 123, 124, 403B, 403C, 403D, 404A, 601, 602, 603, 604,
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605, 606, 607, 608, 609, 610A, 611A, 612A, 623, 624, 625, 626 Election District: 3 FULTON COUNTY VTD: 00K5 AP01 (Part) Tract: 0116.01 Block(s): 202A, 302A, 303A, 305A, 305B, 503A, 504A Tract: 0116.02 Block(s): 301, 302, 402 VTD: 00X3 AP02 (Part) Tract: 0116.01 Block(s): 304A Election District: 4 FULTON COUNTY VTD: 00K5 AP01 (Part) Tract: 0116.01 Block(s): 704 VTD: 00X3 AP02 (Part) Tract: 0114.04 Block(s): 501A, 601, 602A, 602B, 604, 702A Tract: 0116.01 Block(s): 109A, 110A, 110B, 112A, 613A, 614A, 615A, 616A, 618A, 620A, 621A, 622 District: 5 FULTON COUNTY VTD: 00K5 AP01 (Part) Tract: 0116.02 Block(s): 304A, 401A, 401B, 901A, 902A, 903A, 904, 905, 906, 907A, 910A, 911A, 912A, 913A, 914A, 914B, 916A, 918A Election District: 6 FULTON COUNTY VTD: 00K5 AP01 (Part)
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Tract: 0114.08 Block(s): 201A, 202, 203A, 501A, 501B, 501C, 601A, 602A Tract: 0116.01 Block(s): 701, 702, 703 Tract: 0116.02 Block(s): 303, 401C, 401E, 403, 404, 501, 502A, 507, 601A, 601B, 602, 704A, 705A, 705B, 706, 707A, 708A, 709A For purposes of this subsection: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any election district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of the City of Alpharetta which is not included in any election district described in this subsection shall be included within that election district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of the City of Alpharetta which is described in this subsection as being included in a particular
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election district shall nevertheless not be included within such election district if such part is not contiguous to such election district. Such noncontiguous part shall instead be included within that election district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Only the electorate of each of the six election districts shall be entitled to vote in the election for the councilmember to be elected from that district. In addition to the qualifications set forth in Section 2.11 of the charter, no person shall be eligible to serve as a councilmember unless he or she shall have been a resident of the election district in which he or she seeks election for a period of six months immediately prior to the election. The electorate of all six of the election districts shall be entitled to vote in the election for the mayor. (d) The mayor and councilmembers in office prior to the 1992 municipal general election shall remain in office until their terms expire and their successors are elected and qualified. (e) The election district boundaries of the city shall be reapportioned following the publication of each official federal decennial census of the population of the city. Such reapportionment shall be accomplished by the adoption of an amendment to this charter. The reapportionment of election districts shall comply with the following specifications: (1) Each election district shall be formed of contiguous territory and its boundary lines shall be the centerlines of streets or other well-defined boundaries as utilized by the United States Bureau of the Census; and (2) Such election districts shall be as nearly equal in population as practicable. (f) Any reapportionment of election districts shall apply to the officials of the city elected at the next municipal general election following such reapportionment; provided, however,
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that any reapportionment ordinance shall not apply to any regular election or special election held within three months of the effective date of the charter amendment. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of the City of Alpharetta to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4 . As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general election laws of this state, the election superintendent of the City of Alpharetta shall call and conduct an election for the purpose of submitting this Act to the electors of the City of Alpharetta for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date thereof in the official organ of the City of Alpharetta. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which creates six election districts for the City of Alpharetta and provides that the electorate of each district shall elect one councilmember to the city council? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Section 1 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
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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 Alpharetta. 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 hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act consolidating, creating, revising and superseding the several acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new Charter for said City, approved April 9, 1981, (Ga. L. 1981, Page 4609), as amended, so as to establish election districts in the City and provisions relating thereto; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 31st day of January, 1992. Honorable Thomas R. Campbell, Jr. Representative, 23rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas R. Campbell, Jr., who, on oath, deposes and says that he is Representative from the 23rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: February 6, 1992. /s/ Thomas R. Campbell Representative, 23rd District
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Sworn to and subscribed before me, this 17th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992. CITY OF ATLANTASCHOOL AND EDUCATIONAL AD VALOREM TAXES; PAYMENT TO ATLANTA BOARD OF EDUCATION. No. 1227 (House Bill No. 1926). AN ACT To amend an Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, so as to provide that certain revenue received by the City of Atlanta from school and educational ad valorem taxes shall be paid to the Atlanta Board of Education; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, is amended by striking in its entirety subsection (e) of Section 6-101 and inserting in lieu thereof the following: (e) There shall be assessed, levied, and collected an annual ad valorem tax for the support of public schools and for educational purposes at the millage rate determined by the Atlanta Board of Education, to be billed and collected as other ad valorem taxes are billed and collected in accordance
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with this charter, the basis for the billing and collection of such tax to be the millage as set forth in an annual written request signed by the president of said board of education together with a certified copy of said board's budget and filed with the governing authority, the format, and time of annual filing of such request to be the only action by the governing authority of the city necessary to levy such tax annually. Except for revenue used to repay general obligation debts, which will be paid into the treasury of the city, all revenue derived from such school and educational ad valorem tax shall be paid to the Atlanta Board of Education. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that the Atlanta Board of Education and the Atlanta Independent Public School System intend to apply for the passage of local legislation at the 1992 Session of the General Assembly of Georgia, to amend the Charter of the City of Atlanta, including the laws applicable to the Atlanta Board of Education and the Atlanta Independent Public School system, the title of such bill or bills to be as follows: An Act to amend an Act reincorporating the City of Atlanta in the counties of Fulton and DeKalb, creating a new Charter for such City and for other purposes, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, and for other purposes; and/or An Act to amend an Act to reorganize the Board of Education of the city of Atlanta; to create a new structure for the Atlanta School System; and for other purposes, approved March 16, 1973 (Ga. L. 1973, p. 2167), as amended, and for other purposes. This 11th day of February 1992. Tom Keating Governmental Liaison Atlanta Board of Education
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Georganna Sinkfield, who, on oath, deposes and says that she is Representative from the 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era, which is the official organ of DeKalb County, on the following date: February 20, 1992. /s/ Georganna Sinkfield Representative, 37th District Sworn to and subscribed before me, this 24th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that the Atlanta Board of Education and the Atlanta Independent Public School System intend to apply for the passage of local legislation at the 1992 Session of the General Assembly of Georgia, which convenes on Monday, January 13, 1992, to amend the Charter of the City of Atlanta, including the laws applicable to the Atlanta Board of Education and the Atlanta Independent Public School System, the title of such bill or bills to be as follows: An Act to amend an Act reincorporating the City of Atlanta in the counties of Fulton and DeKalb, creating a new Charter for such City and for other purposes, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, and for other purposes; and/or An Act to amend an Act to reorganize the Board of Education of the City of Atlanta; to create a new structure for the Atlanta School System; and for other purposes, approved March 16, 1973 (Ga. L. 1973, p. 2167), as amended, an for other purposes.
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This 31st day of December, 1991. Tom Keating Governmental Liaison Atlanta Board of Education GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Georganna Sinkfield, who, on oath, deposes and says that she is Representative from the 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: January 6, 1992. /s/ Georganna Sinkfield Representative, 37th District Sworn to and subscribed before me, this 18th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 17, 1992. CITY OF AVONDALE ESTATESCORPORATE LIMITS. No. 1228 (House Bill No. 1972). AN ACT To amend an Act incorporating the City of Avondale Estates, approved August 25, 1927 (Ga. L. 1927, p. 813), as amended, so as to provide for the corporate limits of said city; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act incorporating the City of Avondale Estates, approved August 25, 1927 (Ga. L. 1927, p. 813), as amended, is amended by striking Section 1 of said Act in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The inhabitants within the corporate limits and boundaries thereinafter described in DeKalb County, Georgia, shall be and continue a body politic and corporate under the name of `City of Avondale Estates,' and as such shall have perpetual succession. The said corporate limits of the City of Avondale Estates shall embrace the territory within the following boundary to wit: beginning at the northwest corner of land lot 217 of the 15th district of originally Henry, now DeKalb County, Georgia, thence northwesterly along the northeasterly line of Lot 37, Block A, Forrest Hills, Second Addition, as per plat recorded in Plat Book 14, page 89, DeKalb County Records, two hundred and ten feet (210') to the corner formed by the intersection of the southerly side of Wiltshire Drive and the easterly side of Forrest Boulevard, if extended; thence easterly along the southerly right-of-way line of Wiltshire Drive one hundred and eighty-six feet (186'), more or less, to the northeasterly corner of Lot 39, said block and subdivision; thence north one thousand nine hundred and forty-five feet (1,945') parallel with the west line of said land lot 232 and hundred and five feet (105') east therefrom to a point; thence west four feet (4') to the easterly right-of-way line of Forrest Boulevard; thence in a northerly direction along the easterly right-of-way line of Forrest Boulevard five hundred and ninety-four feet (594') to the intersection of the easterly right-of-way line of Forrest Boulevard with the southerly line of Land Lot 248 of the 15th District of originally Henry, now DeKalb County, Georgia; thence west along the south line of Land Lot 248 five hundred and thirty-nine feet (539'), more or less, to the southwesterly corner of property formerly owned by W. R. Hill; thence north, eight degrees and thirty minutes west one thousand two hundred and fifty-nine feet
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(1,259') along said Hill line to a point, which point is two hundred and twenty-five feet (225') southeasterly of North Avondale Road/East College Avenue/US 278; thence in a westerly direction at an interior angle of eighty-nine degrees twenty-four minutes with the preceding call, a distance of three hundred and seventy feet (370') to a point; thence in a northwesterly direction at an interior angle of one hundred degrees thirty-seven minutes with the preceding call, a distance of two hundred and thirty feet (230') to an iron pipe on the south side right-of-way line of East College Avenue/US 278; thence westerly along said right-of-way line of East College Avenue/US 278, a distance of four hundred and seventy-five feet (475') to a point, which point is directly opposite the westerly right-of-way line for Maple Street, if extended; thence in a northerly direction crossing East College Avenue/US 278 and following the westerly line of Maple Street a distance of six hundred fifty feet (650'), more or less, to a point at the southerly right-of-way line of the Georgia Railroad; thence continuing in a northerly direction following the westerly line of Maple Street, if extended, a distance of two hundred feet (200'), more or less, to a point at the northerly right-of-way line of the Georgia Railroad; thence continuing in a northeasterly direction along said northerly right-of-way line a distance of two thousand ninety feet (2,090'), more or less, to its intersection with the easterly right-of-way of Oak Street (40' right-of-way), if extended; thence in a southerly direction along the easterly right-of-way line of Oak Street, if extended, a distance of five hundred four and fifty-three hundredths feet (504.53'), more or less, to a point at the intersection of said right-of-way line and the original designated centerline of Green Street (never opened, right-of-way never dedicated); thence in an easterly direction along the southerly property line of the Georgia Duck and Cordage Mill a distance of two hundred and sixteen hundredths feet (200.16'), more or less, to the intersection of this property line and westerly right-of-way line of Lake Street (40' right-of-way), were Lake Street extended in a straight line to intersect with said property line; thence in a southerly direction along said westerly right-of-way line twenty (20') to a point; thence easterly in a straight line along the original southern property line of the Georgia Duck and Cordage Mill a distance of four hundred and
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eighty feet (480'), more or less, to a point; thence in a southerly direction a distance of one hundred ninety-seven and eight-one hundredths feet (197.81), more or less, to an intersection with the northerly right-of-way line of Parry Street (40' right-of-way); thence in a northeasterly direction along the northerly right-of-way of Parry Street a distance of three hundred and fifty feet (350'), more or less, to its intersection with the westerly right-of-way of Laredo Drive (40' right-of-way); thence in a northwesterly direction along the westerly right-of-way of Laredo Drive a distance of eight hundred (800'), more or less, to the northerly right-of-way of the Georgia Railroad line; thence in a northeasterly direction along said railroad right-of-way a distance of seven hundred and ninety-six feet (796'), more or less, to a point on the northerly right-of-way of said railroad perpendicular to the northeasterly right-of-way of Hobbs Street, if extended; thence in a southeasterly direction along the northeast right-of-way of Hobbs Street, if extended, a distance of six hundred and seventy-nine feet (679'), more or less, to the point of intersection with the northwest right-of-way line of North Clarendon Avenue; thence in a northeasterly direction along the northwesterly right-of-way of North Clarendon Avenue a distance of one hundred and twenty-five feet (125'), more or less; thence in a northeasterly direction across North Clarendon Avenue and then along the northerly right-of-way line of Old Rockbridge Road a distance of five hundred and forty-five feet (545'), more or less to a point; thence due south three hundred and ninety feet (390'), more or less, to the northeast corner of land lot 249; thence south along said east line of land lot 249 a distance of fifty feet (50'), more or less, to a point at the northeast corner of parcel 15-249-9-3; thence west sixty-five feet (65'), more or less, to the northwest corner of said parcel; thence south a distance of three hundred and thirty-nine feet (339'), more or less, to the southwest corner of said parcel; thence east a distance of sixty-five feet (65'), to the southeast corner of said parcel; thence south along east line of said land lot 249 to the northerly right-of-way line of Covington Road (also known as Covington Highway/US 278); thence in a southeasterly direction along said northerly right-of-way line and following the curvature thereof, crossing its intersections with Mountain Drive and Kensington Road, and to its intersection with the
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northwest right-of-way of Memorial Drive a distance of four thousand one hundred and thirty-seven feet (4,137'), more or less; thence south crossing Covington Highway/US 278 and following the easterly boundary of parcel 15-231-7-16 and the westerly right-of-way of Memorial Drive to the southeasterly corner of said parcel; thence in a southwesterly direction two hundred and ten feet (210'), more or less, to its intersection with the southwesterly right-of-way line of Nottingham Drive; thence northwesterly along the southwesterly right-of-way line of Nottingham Drive a distance of one hundred and twenty-five feet (125') to a point; thence in a southwesterly direction along the southeasterly line of parcel 15-231-10-4 a distance of one hundred and fifty-one feet (151'), more or less, to a point; thence in a northwesterly direction along the southwesterly boundary of said parcel a distance of seventy-five feet (75'), more or less; thence in a southwesterly direction along the southerly boundary lines of parcels 15-231-10-7, 8, 9, and 10 a distance of five hundred and twelve feet (512'), more or less, to a point; thence in a southerly direction two hundred and seventy-five feet (275'), more or less, to a point; thence in a southwesterly direction along the northwesterly boundary line of parcels 15-231-10-52, 30, 51, and 23 a distance of one thousand one hundred and thirty feet (1,130'), more or less, to a point; thence continuing in a southwesterly direction along the northwesterly boundaries of parcels 15-218-1-1, 24, and 2 a distance of one thousand nine hundred and fifteen feet (1,915'), more or less, to a point; thence westerly one hundred and ninety feet (190'), more or less, to the west line of land lot 218; thence in a northerly direction to a point where the west line of said land lot 218 intersects with land lots 217, 232, and 231; thence continuing west along the south line of land lot 232 to a point where the south line of the said land lot 232 intersects the east side of Clarendon Avenue; thence following the contour of the road south along the east side of Clarendon Avenue (also known as Clarendon Road) a distance of three thousand one hundred forty-five and five-tenths feet (3,145.5'), more or less, to a point that forms the northeast corner of the intersection of Clarendon Avenue and Columbia Drive; thence crossing Clarendon Avenue to a point at the southwest corner of parcel 15-217-1-5; thence northeasterly one hundred and sixty feet (160'), more or less, to a
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point at the southeast corner of parcel 15-217-1-2; thence in a northwesterly direction two hundred fifty-three and fifty-eight hundredths feet (253.58') to a point on the westerly line of land lot 217; thence north along the west line of land lot 217 to the northwest corner of said land lot 217 and the point of beginning. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia legislation to amend an Act incorporating the City of Avondale Estates, approved August 25, 1926 (Ga. L. 1927, p. 813), as amended, particularly by an Act approved March 3, 1962 (Ga. L. 1962, p. 3002), and by an Act approved March 28, 1969 (Ga. L. 1969, p. 2437), and by an Act approved February 18, 1977 (Ga. L. 1977, p. 2763), and by an Act approved April 12, 1982 (Ga. L. 1982, p. 4402), and by Ordinance No. 784, approved October 25, 1982, and by Ordinance 797, approved August 27, 1984, and by Ordinance No. 801; approved September 23, 1985, and by an Act approved March 24, 1988 (Ga. L. 1988 p. 4488), and by Ordinance No. 818 approved December 15, 1988, and by an Act approved March 30, 1989 (Ga. L. 1989 p. 4330), and by an Act approved March 30, 1990 (Ga. L. 1990, p. 5140) to extend the limits of said city; and for other purposes. This 13th day of February, 1992. 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
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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 13, 1992. /s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 19th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992. LUMPKIN COUNTY WATER AND SEWERAGE AUTHORITYMEMBERSHIP; TERMS; QUORUM. No. 1229 (House Bill No. 1985). AN ACT To amend the Lumpkin County Water and Sewerage Authority Act, approved March 21, 1984 (Ga. L. 1984, p. 4500), so as to change the composition of that authority and provide for terms of office; to change quorum requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The Lumpkin County Water and Sewerage Authority Act, approved March 21, 1984 (Ga. L. 1984, p. 4500), is amended by striking subsection (b) of Section 2 thereof, which reads as follows:
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(b) The membership of the authority shall be composed as follows: one member shall be the commissioner of Lumpkin County; one member shall be the chairman of the Development Authority of Lumpkin County; and three members shall be appointed at large from the citizens of Lumpkin County by resolution of the governing authority of said county. With the exception of the posts occupied by the commissioner of Lumpkin County and the chairman of the Development Authority of Lumpkin County, the terms of the initial members of the authority shall be staggered terms of two, three, and four years, beginning on June 1, 1984. 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 the governing authority of Lumpkin 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 four 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 the authority shall enter upon their duties. The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties. 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., and substituting in lieu thereof a new subsection (b) to read as follows: (b) The membership of the authority shall be composed of seven members as follows: one member shall be the commissioner of Lumpkin County; one member shall be the mayor of the City of Dahlonega; one member shall be the chairman of the Development Authority of Lumpkin County; and four members shall be appointed at large from the citizens of Lumpkin County by resolution of the governing authority of said county. With the exception of the posts occupied by the commissioner of Lumpkin County, the mayor of
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the City of Dahlonega, and the chairman of the Development Authority of Lumpkin County, the initial terms of the other members of the authority appointed hereunder shall be staggered terms of one, two, three, and four years, beginning on June 1, 1992. The current terms of those members of the authority heretofore appointed by the governing authority of Lumpkin County shall be terminated effective May 31, 1992. The members of the authority hereafter appointed by the governing authority of Lumpkin County 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 the governing authority of Lumpkin 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 four 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 the authority shall enter upon their duties. The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties. 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. Section 2 . Said Act is further amended by striking three members from the first sentence of subsection (e) of Section 2 thereof and inserting in its place four members so that when so amended said subsection shall read as follows: (e) Four 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. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Page 6468
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 1992 session of the Georgia General Assembly, a bill to amend the Lumpkin County Water and Sewerage Authority Act, Act No. 1022 (1984). J.B. Jones Commissioner Lumpkin County, Georgia 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 Dahlonega Nugget, which is the official organ of Lumpkin County, on the following date: February 20, 1992. /s/ Carlton H. Colwell Representative, 4th District Sworn to and subscribed before me, this 2nd day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 17, 1992.
Page 6469
NEWTON COUNTY WATER AND SEWERAGE AUTHORITYREVENUE BOND LIMIT. No. 1230 (House Bill No. 1986). AN ACT To amend an Act creating the Newton County Water and Sewerage Authority, approved March 10, 1970 (Ga. L. 1970, p. 2449), as amended, so as to raise the limit on the issuance of negotiable revenue bonds; 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 Newton County Water and Sewerage Authority, approved March 10, 1970 (Ga. L. 1970, p. 2449), as amended, is amended by striking Section 10 and inserting in lieu thereof the following: Section 10. Revenue bonds. The authority, or any authority or body which had 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 at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds of the authority in a sum not to exceed $10 million outstanding at any one time for the purpose of paying all or any part of the cost as defined in this Act of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the interest allowed by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the `Revenue Bond Law,' as now provided or may hereafter be provided by amendment thereto, payable semi-annually, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such
Page 6470
price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Section 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating the Newton County Water and Sewerage Authority, approved March 10, 1970 (Ga. L. 1970, p. 2449), as amended; and for other purposes. This 20th day of February, 1992. 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 27, 1992. /s/ Denny M. Dobbs Representative, 74th District
Page 6471
Sworn to and subscribed before me, this 3rd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992. CANDLER COUNTYBOARD OF COMMISSIONERS; CHAIRMAN; DUTIES; COMPENSATION. No. 1231 (House Bill No. 1990). AN ACT To amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4975), so as to provide that the chairman of the Board of Commissioners shall be the chief executive and administrative officer of Candler County; to change the provisions relative to compensation of the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4975), is amended by striking Section 13 in its entirety and substituting in lieu thereof a new Section 13 to read as follows: Section 13. (a) The chairman shall be a full voting member of the board of commissioners and shall preside at meetings of the board. The chairman may call special meetings
Page 6472
of the board, but the board of commissioners shall provide by resolution or ordinance for regular meetings of the board. (b) The chairman shall be the full-time chief executive and administrative officer of Candler County and the board is authorized to delegate such powers to the chairman as the board deems appropriate or necessary. (c) The chairman shall receive a minimum annual salary which shall be increased, from time to time, set forth as follows: (1) The minimum annual salary of the chairman shall be the same minimum annual salary received by the sheriff of Candler County. Whenever the minimum annual salary of the sheriff of Candler County is increased by operation of law or otherwise, the minimum annual salary of the chairman shall be increased in a like manner. The minimum annual salary of the chairman shall be paid in equal monthly installments from the funds of Candler County; (2) Whenever the sheriff of Candler County receives a cost-of-living increase of a certain percentage or a certain amount, the minimum annual salary of the chairman shall be increased by the same percentage or same amount received by the sheriff; (3) The amounts provided in paragraph (1) of this subsection shall be increased by 5 percent for each four-year term of office served as chairman, figured at the end of each such period of service; and (4) The minimum salaries provided for in this subsection shall be considered as salary only. Expenses for equipment, supplies, and other necessary and reasonable expenses for the operation of a commissioner's office shall come from funds other than the funds specified as salary in this subsection.
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Section 2 . This Act shall become effective on January 1, 1993. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide that the chairman of the Candler County Board of Commissioners shall be the full-time chief executive and administrative officer of Candler County; to provide for the compensation of the chairman; and for other purposes. This 27th day of January, 1992. 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 29, 1992. /s/ Larry J. Parrish Representative, 109th District
Page 6474
Sworn to and subscribed before me, this 3rd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992. MONROE COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 1232 (House Bill No. 2023). AN ACT To amend an Act creating a board of commissioners for Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5334), and an Act approved February 5, 1988 (Ga. L. 1988, p. 3540), so as to reapportion the commissioner districts; to provide that all members serving on the board on the effective date of this Act shall complete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a board of commissioners for Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5334), and an Act approved February 5, 1988 (Ga. L. 1988, p. 3540), is amended by striking in their entirety
Page 6475
subsections (a), (b), and (d) of Section 1 and inserting new subsections to read as follows: (a) There is created the Board of Commissioners of Monroe County which shall conduct and administer the county affairs of Monroe County. The board shall be composed of five members. For the purpose of electing members of the board, Monroe County shall be divided into four commissioner districts as follows: Commissioner District: 1 MONROE COUNTY VTD: 0001 DISTRICTS 1, 2, 3, 7, 9, 11, AND 12 (Part) Tract: 0501. Block(s): 179A, 179B, 179C, 179D, 179E, 179F, 180, 181A, 181B, 181C, 181D, 181E, 181F, 182A, 182B, 182C, 183, 184, 185, 186A, 186B, 187A, 187B, 188A, 188B, 189, 190A, 190B, 190C, 191, 192, 193, 194, 195, 196A, 196B, 197, 362A, 388A, 390, 391, 392, 393, 394, 395 Tract: 0502. Block(s): 138A, 139A, 140A, 141A, 142, 143, 144A, 145, 147, 148, 149, 150, 151, 152, 153, 169, 208A, 210, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 255, 256, 257, 311, 312A, 312B, 312C, 313, 314, 315, 316, 317, 318, 319, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 336C, 337A, 341A, 341B, 341C, 341D, 341E, 342B, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 356, 357, 358, 359A, 359B, 360, 361A, 361B, 361C, 362A, 362B, 362C, 363A, 363B, 363C, 364, 365A, 365B, 366, 367, 374A, 374B, 375, 376A, 376B, 377, 378 VTD: 0008 EVERS (Part) Tract: 0501. Block(s): 176, 177, 178 Commissioner District: 2 MONROE COUNTY VTD: 0001 DISTRICTS 1, 2, 3, 7, 9, 11, AND 12 (Part)
Page 6476
Tract: 0502. Block(s): 127A, 131, 132, 133, 134, 135, 136, 137, 138B, 201A, 201B, 201C, 201D, 201E, 201F, 201G, 201H, 201J, 201K, 202, 203, 204A, 205, 206, 207, 208B, 209A, 209B, 211A, 211B, 211C, 212, 213, 253B, 258, 259, 260, 309, 310, 336B, 337B, 338, 339, 340, 342A, 353, 354, 355, 368, 369, 370, 371, 372, 373, 379, 380, 381 Tract: 0503.98 Block(s): 108B, 109C, 110, 111, 112, 113, 114, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 178, 179, 201, 202, 203, 204, 205, 206, 273, 274, 308, 309, 310, 320, 333, 334, 335, 362 VTD: 0005 COX AND RUSSELVILLE VTD: 0006 CULLODEN VTD: 0008 EVERS (Part) Tract: 0502. Block(s): 307, 308, 382 Commissioner District: 3 MONROE COUNTY VTD: 0001 DISTRICTS 1, 2, 3, 7, 9, 11, AND 12 (Part) Tract: 0501. Block(s): 351, 353, 372, 374, 375, 376, 377, 378, 384, 386A, 386B, 386C, 388B, 388C, 389A, 389B, 389C, 389D, 389E, 396A, 396B Tract: 0502. Block(s): 144B, 146, 154, 155, 156, 157, 158, 159, 160, 161A, 161B, 161C, 162, 163, 164A, 164B, 165, 166, 167, 168, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 252C, 253A, 254, 320, 321, 322, 323, 324, 325 Tract: 0503.98 Block(s): 101, 102, 103, 104, 105, 106A, 106B, 106C, 107, 108A, 109A, 109B, 115, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 301, 302, 303, 304, 305, 306, 307, 311, 312, 313, 314, 315, 316, 317, 318A, 319, 321A,
Page 6477
321B, 322, 323, 324, 325, 326, 327, 328A, 329, 330, 331, 332, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 363, 364, 365, 366, 367, 368 Tract: 0504.98 Block(s): 104A, 114A, 301A, 302A, 303A, 304A, 309A Commissioner District: 4 MONROE COUNTY VTD: 0001 DISTRICTS 1, 2, 3, 7, 9, 11, AND 12 (Part) Tract: 0501. Block(s): 164, 165, 168, 169, 170, 171, 172, 173, 174, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 352, 354, 355, 356, 357, 358, 359, 360, 361, 362B, 363, 364, 365, 366, 367, 368, 369, 370, 371, 373, 379, 380, 381, 382, 383, 385, 387, 397 Tract: 0502. Block(s): 128, 129A, 130, 139B, 140B, 141B VTD: 0004 CABANISS VTD: 0008 EVERS (Part) Tract: 0501. Block(s): 163, 175, 258, 259, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284A, 284B, 285, 286, 287 Tract: 0502. Block(s): 106, 107, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127B, 129B, 201L, 204B, 301, 302, 303, 304, 305, 306 VTD: 0010 HIGHFALLS VTD: 0013 PROCTORS (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided
Page 6478
in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Monroe County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Monroe County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (d) (1) Notwithstanding those changes in descriptions of commissioner districts which become effective at the same time this section becomes effective, members of the board shall serve the term for which they were elected and until their successors are elected and qualified.
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(2) Effective on the first Monday in January, 1993, the members of the board representing Commissioner Districts 3 and 4 in accordance with the commissioner districts which become effective in 1993 shall be the former members of the board representing Commissioner Districts 3 and 4 who were elected at the general election in 1990 under previously existing provisions of this Act, and said members of the board so elected shall serve for the terms of office to which they were elected, which shall expire on December 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and shall take office on the first day in January, 1995, for terms of four years and until their successors are elected and qualified. (3) The members representing Commissioner Districts 1, 2, and the at-large district shall be elected at the general election of 1992 and shall take office on the first day in January, 1993, for terms of four years and until their successors are elected and qualified. (4) Successors to the members elected under paragraphs (2) and (3) of this subsection and future successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day in January immediately following their election for terms of four years and until their successors are elected and qualified. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Monroe County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3 . Except for the provisions of this Act relating to and necessary for the election of the members of the board of commissioners of Monroe County in 1992, the provisions
Page 6480
of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of commissioners 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 is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended; and for other purposes. This 21 day of February, 1992. /s/ Curtis S. Jenkins Honorable Curtis S. Jenkins Representative, 80th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Curtis S. Jenkins, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter, which is the official organ of Monroe County, on the following date: February 26, 1992. /s/ Curtis S. Jenkins Representative, 80th District
Page 6481
Sworn to and subscribed before me, this 4th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992. CITY OF AUGUSTAMAYOR AND COUNCIL; SUCCESSION IN OFFICE. No. 1233 (House Bill No. 2024). AN ACT To amend an Act providing a charter for the City of Augusta, approved January 31, 1798 (Marbury's Digest, p. 136), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2120), an Act approved March 31, 1976 (Ga. L. 1976, p. 3780), and an Act approved March 23, 1977 (Ga. L. 1977, p. 3452), so as to change the provisions limiting the succession in office of the mayor and council members; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a charter for the City of Augusta, approved January 31, 1798 (Marbury's Digest, p. 136), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2120), an Act approved March 31, 1976 (Ga. L. 1976, p. 3780), and an Act approved March 23, 1977 (Ga. L. 1977, p. 3452), is amended by striking the fifth paragraph of Section 1 of said amendatory Act of 1955, which reads as follows:
Page 6482
Mayor may succeed self in office. The Mayor of the City of Augusta shall be eligible to succeed himself in office; provided, however, he shall not be eligible to succeed himself after the expiration of a third term for a period of one term of three (3) years., and inserting in its place a new fifth paragraph to read as follows: Mayor may succeed self in office. The Mayor of the City of Augusta shall be eligible to succeed himself or herself in office; provided, however, that a mayor shall not be eligible to succeed himself or herself in office for a period of four years after such mayor has completed serving two consecutive full terms of office of four years each subsequent to the effective date of this Act. In determining such eligibility, no term or terms of office which commenced prior to the effective date of this Act shall be considered. Section 2 . Said Act is further amended by striking the sixty paragraph of Section 1 of said amendatory Act of 1955, which reads as follows: Succession of council members. After completing a third consecutive term, a member of the council shall not be eligible to succeed himself in office, but in any subsequent election after the completion of a third consecutive term, any such person shall be eligible to offer as a candidate for the council., and inserting in its place a new sixth paragraph to read as follows: Succession of councilmembers. A member of city council shall be eligible to succeed himself or herself in office; provided, however, that such member shall not be eligible to succeed himself or herself in office for a period of two years after such member has completed serving two consecutive full terms of office of four years each subsequent to the effective date of this Act. In determining such eligibility, no term or terms of office which commenced prior to the effective date of this Act shall be considered.
Page 6483
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 1992 Session of the General Assembly of Georgia local legislation amending the Charter of the City of Augusta, incorporated as The City Council of Augusta by an Act approved January 31, 1798 (Marbury's Diest 1798), as amended; to repeal conflicting laws and for other purposes. This day of February, 1992. PAUL H. DUNBAR, III City Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Connell, who, on oath, deposes and says that he is Representative from the 87th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald, which is the official organ of Richmond County, on the following date: February 24, 1992. /s/ Jack Connell Representative, 87th District Sworn to and subscribed before me, this 4th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992.
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BARTOW COUNTYCHAIRPERSON AND BOARD OF COMMISSIONERS; CREATION; REFERENDUM. No. 1235 (House Bill No. 2060). AN ACT To amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Bartow County; to create a chairperson and board of commissioners for Bartow County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into commission districts; to provide for the internal organization and functioning of officials, employees, and departments subordinate to the chairperson and board of commissioners; to provide for the management of financial affairs and the keeping and auditing of fiscal records of said county; to provide a system of budgets and allotments for the expenditure of county funds; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Governing authority. (a) There is created the Board of Commissioners of Bartow County to be elected and organized as provided in this Act. There is created the office of chairperson of the Board of Commissioners of Bartow County, and said chairperson shall be a member of the commission and elected as provided in this Act. (b) The Board of Commissioners of Bartow County, referred to in this Act as the commission, and the chairperson of the Board of Commissioners of Bartow County, referred to in this Act as the chairperson, shall constitute the governing authority of Bartow County, and the respective powers and duties of the commission and the chairperson shall be as provided in this Act. Section 2 . The commission. (a) The commission shall consist of six members. There shall be five district commissioners and one at-large commissioner (the chairperson).
Page 6485
(b) For the purpose of electing the five district commissioners, Bartow County shall be divided into five commission districts as provided in Section 14 of this Act. (c) Each district commissioner shall be a citizen of this state, at least 25 years of age, and shall have been a resident of the respective commission district for at least one year immediately prior to taking office. Each district commissioner shall be elected by a majority of the electors voting within the respective commission district. The chairperson shall be elected by a majority of the electors voting from the county at large. Any commissioners who cease to be residents of their respective commission districts, or resident of the county in the case of the chairperson, during their terms of office shall thereby vacate their seats on the commission. All members of the commission shall be nominated and elected pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended. Section 3 . Chairperson. (a) The chairperson of the commission shall be a citizen of this state, at least 30 years of age, and shall have been a resident of Bartow County for at least two years immediately prior to taking office. The chairperson shall be elected by a majority of the electors voting from the county at large. The chairperson shall be nominated and elected pursuant to Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended. (b) The sole commissioner of Bartow County elected in 1992 shall serve as the commissioner until the expiration of the normal term of office on December 31, 1996, and until said commissioner is succeeded or until December 31, 1994, if a local referendum cutting his term short passes and a successor is elected and qualified. Future successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following the election for a term of four years. Each chairperson shall serve until the successor is elected and qualified. Section 4 . Vacancies. (a) Vacancies on the commission and in the office of chairperson occurring by reason of death, resignation, removal from the county or from the commission
Page 6486
district from which elected or for any other reason shall be filled as provided in this section. (b) In the event a vacancy occurs on the commission or in the office of chairperson when at least 270 days remain in the unexpired term of office, the election superintendent of Bartow County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill such vacancy for the remainder of the unexpired term. Such special election shall be held not less than 29 nor more than 45 days after the issuance of the call and shall be held and conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended. If the vacancy is in the office of chairperson, the members of the commission shall select one of their members to exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending when the successor chairperson takes office. (c) In the event a vacancy occurs in the office of chairperson when less than 270 days remain in the unexpired term of office, the members of the commission shall select one of their members to exercise the powers and duties of the chairperson for the remainder of the unexpired term. (d) In the event a vacancy occurs on the commission when less than 270 days remain in the unexpired term of office, the remaining members of the commission shall appoint a qualified person to fill such vacancy for the remainder of the unexpired term. Any person appointed by the commission to fill a vacancy as provided in this Act shall possess the residency and other qualifications required for the office. Section 5 . Oath and bond. Before entering upon the discharge of their duties, the chairperson and members of the commission shall subscribe to an oath before the judge of the Probate Court of Bartow 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 chairperson shall further give a satisfactory surety bond, as determined by the judge of the Probate Court of Bartow County, and payable to the judge of the Probate Court of Bartow County and filed in the office of the judge of the Probate Court of Bartow County, in
Page 6487
the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each member of the commission shall give like bond in the sum of $10,000.00. The costs of said bonds shall be paid from county funds. Section 6 . Compensation. (a) The chairperson shall receive an annual salary of $62,500.00 payable in equal monthly installments from funds of Bartow County plus a 3 percent cost of living allowance. (b) Each member of the commission other than the chairperson shall receive an annual salary of $4,800.00, payable in equal monthly installments from funds of Bartow County. Section 7 . Powers and duties of the commission. The commission shall have the power and authority to fix and establish, by appropriate resolution or ordinance entered on its minutes, policies, rules, and regulations governing all matters reserved to its jurisdiction by the Constitution and laws of Georgia. Section 8 . Vice chairperson. (a) At the first regular meeting in January of each year, the commission shall elect from its membership a vice chairperson. The member serving as vice chairperson shall retain all rights, powers, and duties as a member of the commission. (b) The vice chairperson shall preside at meetings of the commission, in the absence of the chairperson of the board of commissioners. Section 9 . Meetings. The commission shall by resolution designate one meeting per month at the county seat, unless changed by a majority vote of the commission, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by the chairperson, or any four members of the commission, but all members shall be notified in advance of any such additional meeting as required by law. Any four members of the commission shall constitute a quorum, except that a lesser number shall be sufficient to recess or adjourn any meeting; but no official action shall be taken except upon the affirmative vote of a majority of those members present.
Page 6488
Any action which fails to receive a majority vote shall be deemed defeated. Section 10 . Powers and duties of the chairperson. (a) The chairperson shall have the exclusive power to supervise, direct, and control the administration of the county government. The chairperson shall carry out, execute, and enforce the ordinances, policies, rules, and regulations of the commission when such ordinances, policies, rules, and regulations become effective. Members of the commission shall deal solely through the chairperson in all matters concerning the operation, supervision, and administration of the various departments, offices, and agencies of the county government. No member of the commission shall directly or indirectly order, instruct, or otherwise attempt to control the actions of county personnel subject to the administrative and supervisory control of the chairperson. (b) The chairperson shall have the power to propose changes in, consolidation of, or creation or abolishment of any departments, agencies, or offices over which the chairperson exercises supervision and control. The chairperson shall make recommendations for appointments to independent boards, agencies, and bodies. (c) Subject to confirmation by the commission, the chairperson shall appoint the county attorney. The county attorney shall thereafter serve at the pleasure of the chairperson and the commission. (d) The chairperson of the board of commissioners may, at such officer's discretion, preside at any regular or specially called meeting of the commission and may vote on all matters before the commission. (e) The chairperson may compel the attendance of persons at meetings or hearings of the commission by subpoena, when deemed necessary, subject to the policy of the commission as established by its rules. (f) The chairperson shall have power to investigate the affairs, records, and expenditures of the various authorities, boards, councils, commissions, committees, and similar bodies or
Page 6489
agencies, whether created by ordinance of the commission or by Acts of the General Assembly, relating to the affairs of the county and to report thereon to the commission. (g) The chairperson shall represent the county in inter-governmental matters and shall seek to promote and improve the government of the county and encourage the growth of the county and promote and develop the prosperity and well-being of the citizens of the county. (h) The chairperson, within 120 days after the close of each fiscal year, shall prepare and submit to the commission a complete annual report on the financial affairs and activities of the county for the immediately preceding fiscal year. The annual report shall show all income from all sources, including state, county, and federal funds, and all expenditures. (i) The chairperson shall devote full time to the duties of the office. Section 11 . Control of expenditures. (a) The chairperson or a designee of the chairperson shall serve as budget officer for the county. The chairperson shall submit to the board not later than the regular October 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. (b) The final budget adopted by the commission shall constitute the commission's appropriations of all funds for the calendar year covered by the budget. The budget may be amended during the calendar year which it covers upon the commission taking formal action for such purpose at a meeting of the commission. Section 12 . Clerk. Subject to confirmation by the commission, the chairperson is authorized to appoint a clerk of Bartow County. Any person, other than a commissioner, shall be eligible to hold said office of clerk of said commission and shall receive a salary for clerk's services to be fixed by the commission. In the absence of the clerk, the chairperson shall be authorized to appoint any other person as deputy clerk for the
Page 6490
purpose of fulfilling the requirements hereof. The clerk shall keep minutes of all meetings of said commission, an inventory of all properties, and such books and records as may be required by the commission and do such other acts and things as may be required by law or by the commission. Section 13 . Limitations on powers. No power or combination of powers vested in the commission by Section 7 or any other provision of this Act may be exercised in any manner to amend, change, supersede, or repeal, directly or indirectly, any powers vested in the chairperson by this Act. Section 14 . Commission districts. (a) For purposes of the election of members of the board of commissioners, Bartow County is divided into five commission districts as provided in this section. Commission District: 1 BARTOW COUNTY VTD: 0003 CARTERSVILLE (Part) Tract: 9601. Block(s): 383A Tract: 9604. Block(s): 101A, 101B, 118A, 120A, 121A, 122A, 129, 130, 131, 132A, 133A, 134, 213A, 213B, 223A, 224A, 225A, 235A, 236A, 239A, 240, 241A, 241B, 242A, 242B, 243A, 244A, 244B, 245A, 246A, 247A, 248A, 250A, 251A, 252A, 253A, 253B, 254A, 255A, 256A, 257A, 257B, 258A, 261A, 262, 263 Tract: 9605. Block(s): 102A, 104A, 105A, 106A, 112A, 116A, 117A, 118, 119, 120, 121, 131A, 132A, 133A, 134A, 135, 136, 137, 203A, 204, 205, 206, 207A, 207B, 209, 210, 211, 212, 213, 214, 215, 417A, 418A, 419, 420A, 421A, 423 Tract: 9606. Block(s): 101, 102, 103, 104, 105, 106A, 107, 108A, 111A, 112A, 113A, 114A, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139,
Page 6491
140, 141, 142, 143, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 426, 428A, 429A, 430, 431A, 431B, 432A, 433, 501A, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523A, 524A, 602A, 603, 604, 605, 606, 607, 608A, 609, 610, 611, 612, 613, 614A, 614B, 615, 617A, 618A, 619, 620, 622, 623, 624 Tract: 9607. Block(s): 137, 138, 139, 140A, 140B, 141A, 142, 143A, 144A, 152A, 154, 155, 156, 157, 158, 159A, 162A, 163, 164, 165A, 201, 202, 203A, 203B, 204A, 205, 206A, 206B, 206C, 207A, 208, 209, 210, 211, 212, 213A, 214A, 214B, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 301A, 302A, 303A, 304A, 304B, 305A, 306A, 307A, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321A, 322, 323, 324, 325, 326, 327, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543 Tract: 9608. Block(s): 524, 525A, 530A, 531A Tract: 9609. Block(s): 105A, 108A, 108B, 108C, 113A, 114A, 114B, 115A, 201A, 211A, 212, 214A, 215A, 215B, 215C, 215D, 215E, 215F, 215G, 216, 221A, 221B, 301A, 302, 303, 304A, 305A, 306A, 307A, 308A, 336A VTD: 0004 CASSVILLE (Part) Tract: 9604.
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Block(s): 232A, 234A, 504A, 513A, 514A, 515A Tract: 9605. Block(s): 317A VTD: 0005 CENTER (Part) Tract: 9604. Block(s): 123A Tract: 9607. Block(s): 120A, 136A, 166A VTD: 0006 EMERSON (Part) Tract: 9608. Block(s): 501A, 522A, 523A, 536A VTD: 0011 PINE LOG AND WOLF PEN (Part) Tract: 9601. Block(s): 345A, 382A Tract: 9604. Block(s): 203A, 205A, 206A, 206B, 212A, 214A, 217A, 218A, 221, 222 VTD: 0012 STAMP CREEK (Part) Tract: 9607. Block(s): 128A Commission District: 2 BARTOW COUNTY VTD: 0001 ADAIRSVILLE VTD: 0004 CASSVILLE (Part) Tract: 9601. Block(s): 223, 224, 225, 226, 227, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257 Tract: 9602. Block(s): 146, 147, 148 Tract: 9604. Block(s): 208, 209, 210, 228, 229, 230, 231, 232B, 233, 234B, 301, 302, 303, 304, 305, 306, 307, 308 VTD: 0008 SIXTH VTD: 0011 PINE LOG AND WOLF PEN (Part) Tract: 9601. Block(s): 101, 102, 104, 106, 107, 108, 109, 110, 111, 112, 113, 114, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 151,
Page 6493
152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 168, 169, 170, 171, 172, 173, 175, 176, 180, 181, 201, 202, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 301, 302, 310, 311, 312B Tract: 9604. Block(s): 203B, 203C, 203D, 204, 205B, 205C, 206C, 207, 212B, 214B, 214C, 215, 216, 217C Commission District: 3 BARTOW COUNTY VTD: 0002 ALLATOONA (Part) Tract: 9608. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 201, 202, 203, 204, 205, 206, 210, 240, 358, 359, 360, 361 VTD: 0003 CARTERSVILLE (Part) Tract: 9601. Block(s): 346, 383B, 384 Tract: 9604. Block(s): 101C, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118B, 118C, 118D, 118E, 119, 120B, 121B, 122B, 132B, 133B, 211, 213C, 213D, 223B, 224B, 225B, 226, 227, 235B, 235C, 236B, 236C, 236D, 237, 238, 239B, 239C, 241C, 242C, 243B, 243C, 244C, 245B, 245C, 246B, 247B, 247C, 248B, 249, 250B, 251B, 252B, 253C, 254B, 255B, 256B, 257C, 258B, 259, 260, 261B Tract: 9605. Block(s): 101, 102B, 103, 104B, 105B, 106B, 107, 108, 109, 110, 111, 112B, 112C, 113, 114, 115, 116B, 117B, 117C, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131B, 132B, 133B, 134B, 138, 139, 140, 201, 202, 203B, 203C, 421C, 422 Tract: 9606.
Page 6494
Block(s): 501B, 501C, 523B, 524B, 601, 602B Tract: 9607. Block(s): 140C, 140D, 141B, 143B, 144B, 145, 146, 147, 148, 149, 150, 151, 152B, 153, 159B, 160, 161, 162B, 165B, 167, 168, 203C, 204B, 206D, 206F, 207B, 213B, 214C, 214D, 301B, 301C, 301D, 302B, 303B, 304C, 304D, 304E, 305B, 305C, 306B, 307B, 321B, 321C VTD: 0005 CENTER (Part) Tract: 9604. Block(s): 123B, 124, 125, 126, 127, 128 Tract: 9607. Block(s): 120B, 120C, 120D, 121, 122, 123, 127, 129, 130, 131, 135, 136B, 166B VTD: 0011 PINE LOG AND WOLF PEN (Part) Tract: 9601. Block(s): 103, 105, 150, 167, 174, 177, 178, 179, 182, 183, 184, 185, 186, 187, 188, 189, 190, 303A, 303B, 304, 305A, 305B, 305C, 306, 307, 308, 309A, 309B, 312A, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335A, 336, 337A, 337B, 338A, 338B, 339, 340A, 340A, 340B, 341, 342, 343, 344, 345B, 345C, 345D, 347, 348, 349, 350, 352, 353, 354, 355, 356, 362, 382B, 385, 386 Tract: 9604. Block(s): 104, 201, 202, 217B, 218B, 219, 220 VTD: 0012 STAMP CREEK (Part) Tract: 9601. Block(s): 351, 357, 358, 359, 360, 361, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381 Tract: 9607. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 124, 125, 126, 128B, 132, 133, 134, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197
Page 6495
Commission District: 4 BARTOW COUNTY VTD: 0003 CARTERSVILLE (Part) Tract: 9605. Block(s): 207C, 207D, 208, 216, 217, 304, 333, 402, 409, 410, 411, 412, 413, 414, 415, 416, 417B, 418B, 420B, 421B VTD: 0004 CASSVILLE (Part) Tract: 9603.98 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 148, 161, 162, 163, 164, 165, 166, 167, 168, 201, 202, 203, 204, 205, 211, 212, 221, 222 Tract: 9604. Block(s): 309, 310, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 501, 502, 503, 504B, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 513B, 513C, 513D, 513E, 514B, 514C, 515B, 515C, 515D, 515E, 515F Tract: 9605. Block(s): 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 401 VTD: 0007 EUHARLEE VTD: 0009 IRON HILL AND TAYLORSVILLE VTD: 0010 KINGSTON Commission District: 5 BARTOW COUNTY VTD: 0002 ALLATOONA (Part) Tract: 9608. Block(s): 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 343A, 343B, 343C, 343D, 344A, 344B, 345, 352, 353, 354, 355A, 355B, 355C, 356A, 356B, 357, 362, 363, 364, 365, 366, 367, 368, 369, 370, 401, 402, 403, 404, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433
Page 6496
VTD: 0003 CARTERSVILLE (Part) Tract: 9603.98 Block(s): 215, 216, 217, 218, 219, 220, 223, 224, 225, 285, 286, 287, 288, 289, 290 Tract: 9605. Block(s): 403, 404, 405, 406, 407, 408 Tract: 9606. Block(s): 106B, 106C, 108B, 109, 110, 111B, 112B, 113B, 114B, 114C, 124B, 425B, 427, 428B, 429B, 431C, 431D, 432B, 602C, 608B, 608C, 614C, 614D, 616, 617C, 617C, 618B, 618C, 618D, 618E, 621 Tract: 9608. Block(s): 525B, 525C, 526, 527, 528, 529, 530B, 531B, 531C, 532, 533, 534, 535 Tract: 9609. Block(s): 101, 102, 103, 104, 105B, 105C, 105D, 105E, 106, 107, 108D, 108E, 109, 110, 111, 112, 113B, 114C, 115B, 201B, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211B, 211C, 213, 214B, 215H, 217, 218, 219, 220, 221C, 221D, 222, 223, 224, 225, 226A, 226B, 227A, 227B, 228, 229, 230, 231, 232, 301B, 301C, 304B, 305B, 306B, 306C, 307B, 308B, 308C, 308D, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336B, 337, 338, 339, 340, 341, 342, 349, 350 VTD: 0006 EMERSON (Part) Tract: 9608. Block(s): 301A, 301B, 302A, 302B, 303A, 303B, 303C, 304, 305A, 305B, 305C, 306, 307A, 307B, 308, 309, 310A, 310B, 310C, 311, 312, 313, 314A, 314A, 314C, 315, 316, 317, 318A, 318B, 318C, 319A, 319B, 319C, 320A, 320B, 321, 322A, 322B, 323A, 323B, 324, 325A, 325B, 326A, 326B, 326C, 327, 328A, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342A, 342B, 346, 347, 348, 349, 350, 351A, 351B, 371A, 371B, 372, 373A, 373B, 373C, 374, 375, 376, 405, 406, 407, 408, 409, 410, 501B, 502, 503, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 515B, 516, 517A, 517B, 517C, 571D, 518A, 518B, 519A,
Page 6497
519B, 520A, 520B, 521, 522B, 522C, 523B, 536B, 537, 538, 539, 540A, 540B, 541A, 541B, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556 For purposes of this subsection: (1) The terms Tract, Block, and VTD shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term Precinct is synonymous with the term voting precinct and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commission district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Bartow County which is not included in any commission district described in this subsection shall be included within that commission district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Bartow County which is described in this subsection as being included in a particular commission district shall nevertheless not be included within such commission district if such part is not contiguous to such commission district. Such noncontiguous part shall instead be included within that commission district contiguous to such part which contains the least population
Page 6498
according to the United States decennial census of 1990 for the State of Georgia. (b) The chairperson and the commission members elected to represent Commission Districts 2 and 4 shall serve for terms of four years each and until their respective successors are elected and qualified. The commission members elected to represent Commission Districts 1, 3, and 5 shall serve for initial terms of two years each and until their respective successors are elected and qualified. Thereafter, all members of the commission shall serve for terms of four years each and until their respective successors are elected and qualified, so that two of the commission members, other than the chairperson, shall be elected at the general election held every two years. Section 15 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bartow County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Bartow County for approval or rejection. The election superintendent shall conduct that election on July, 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 Bartow County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which terminates the current term of the sole commissioner in 1994 and establishes a multimember county commission? 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
Page 6499
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 Bartow County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 16 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act providing for the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended; and for other purposes. This 10th day of January, 1992. /s/ Hugh Boyd Pettit, III Representative, 19th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Boyd Pettit, who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Tribune News, which is the official organ of Bartow County, on the following date: January 30, 1992. /s/ Boyd Pettit Representative, 19th District
Page 6500
Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992. MCINTOSH COUNTYREFERENDUM ON RETENTION OF THE MCINTOSH COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. No. 1236 (House Bill No. 2071). AN ACT To provide for a referendum in McIntosh County relating to the retention of the McIntosh County Industrial Development Authority; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of McIntosh County shall call and conduct a referendum as provided in this section for the purpose of submitting the question posed in this section to the electors of McIntosh County for approval or rejection. The election superintendent shall conduct that referendum on the date of 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 referendum to be published once a week for two weeks immediately preceding the date thereof in the official organ of McIntosh County. The ballot shall have written or printed thereon the words:
Page 6501
() YES () NO Do you favor continuing in existence the McIntosh County Industrial Development Authority? All persons desiring to vote for continuation of such authority shall vote Yes, and those persons desiring to vote against continuation of such authority shall vote No. The results of such referendum shall be of persuasive value only and shall not be binding on any person or entity. The expense of such election shall be borne by McIntosh 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 1992 session of the General Assembly of Georgia a bill to provide for a referendum in McIntosh County relating to the retention of the Mcintosh County Industrial Development Authority; and for other purposes. This 25 day of February, 1992. /s/ Willou Smith Honorable Willou Smith Representative, 156th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Willou Smith, who, on oath, deposes and says that she is Representative from the 156th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Darien News, which is the official organ of McIntosh County, on the following date: March 5, 1992.
Page 6502
/s/ Willou Smith Representative, 156th District Sworn to and subscribed before me, this 5th day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 17, 1992. TWIGGS COUNTYHOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 1237 (House Bill No. 2100). AN ACT To provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Twiggs County School District for residents of that district who are 62 years of age or older and whose net income does not exceed $15,000.00; 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) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (2) Net income means the resident's net income together with the net income of the resident's spouse who
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also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources except as provided in this paragraph, but shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual under the federal Social Security Act; income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. (3) Twiggs County School District ad valorem taxes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Twiggs County School District, including ad valorem taxes to retire school bond indebtedness. Section 2 . Each resident of the Twiggs County School District who is 62 years of age or older is granted an exemption on that person's homestead from Twiggs County School District ad valorem taxes in the amount of $15,000.00 of the assessed value of that homestead if that resident's net income for the immediately preceding taxable year does not exceed $15,000.00 for income tax purposes. The value of a homestead in excess of the amount exempted by this section shall remain subject to taxation. Section 3 . The exemption granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Any person who, as of the date the exemption provided by this Act first becomes applicable, has applied for and is eligible for the exemption from ad valorem taxes for educational purposes levied by, for, or on behalf of the Twiggs County school system and 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 4 . After any such resident has been allowed the exemption provided in this Act, it shall not be necessary that such person make application and file such affidavit for any year thereafter and such exemption shall continue to be allowed
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to such person. It shall be the duty of any resident of the Twiggs County School District who has claimed the homestead exemption provided for in this Act to notify the tax commissioner of Twiggs County in the event that resident becomes ineligible for any reason to receive such homestead exemption. Section 5 . The exemption granted to a resident by this Act shall be in lieu of and not in addition to any other homestead exemption granted such resident from ad valorem taxes for educational purposes levied by, for, or on behalf of the Twiggs County school system. Section 6 . The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. Section 7 . The tax commissioner of Twiggs County shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit as to information necessary to determine the eligibility of an applicant for that exemption. Section 8 . The exemption granted by this Act shall apply to all taxable years beginning on or after December 31, 1992. Section 9 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Twiggs County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Twiggs County School District for approval or rejection. The election superintendent shall conduct that election at the time of the state-wide primary conducted in 1992 and shall issue the call therefor not less than 30 nor more than 60 days prior to the date of that primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Twiggs County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a $15,000.00
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homestead exemption from certain ad valorem taxes levied for the Twiggs County School District for residents of that district who are 62 years of age or older and whose net income does not exceed $15,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, 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. The expense of such election shall be borne by Twiggs County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 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 TO INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia, a bill to provide for a homestead exemption from ad valorem taxes for school purposes, which applies to the homestead of certain residents of the Twiggs County School District, and for other purposes.
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This 3rd day of March, 1992. Kenneth Birdsong Representative, District 104 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County News Era, which is the official organ of Twiggs County, on the following date: March 5, 1992. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992. COWETA COUNTYBOARD OF COMMISSIONERS; COMPENSATION. No. 1238 (House Bill No. 2108). 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, so as to provide for the compensation of the members
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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, is amended by adding a new Section 3A to read as follows: Section 3A. The compensation of the members of the Board of Commissioners of Coweta County shall be $7,200.00 per annum. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 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; and for other purposes. This 27th day of February, 1992. Sidney Pope Jones, Jr. Honorable Sidney Jones, Representative, 71st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sidney Pope Jones, Jr., who, on oath, deposes and says that he is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Newnan Times-Herald, which is the official organ of Coweta County, on the following date: March 4, 1992.
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/s/ Sidney Pope Jones, Jr. Representative, 71st District Sworn to and subscribed before me, this 12th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992. JASPER COUNTYHOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 1239 (House Bill No. 2115). AN ACT To provide a homestead exemption from certain Jasper County ad valorem taxes for county purposes in the amount of $2,000.00 of the assessed value of that homestead for certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . For purposes of this Act, the term: (1) Ad valorem taxes for county purposes means all ad valorem taxes for county purposes levied by, for, or on behalf of Jasper County, except taxes to retire school bond indebtedness and county school district taxes for educational purposes.
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(2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. and shall also include real property where the person who is the applicant holds real property subject to a written lease of not less than ten years in duration; the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made; and the applicant is the owner of all improvements located on the real property. Section 2 . Each resident of Jasper County is granted an exemption on that person's homestead from all Jasper County ad valorem taxes for county purposes in the amount of $2,000.00 of the assessed value of that homestead. Section 3 . The tax commissioner of Jasper County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemption. Section 4 . The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Jasper County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Section 5 . (a) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. (b) The exemption granted by this Act shall be in lieu of any other homestead exemption from Jasper County ad valorem taxes for county purposes. Section 6 . The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1993.
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Section 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Jasper County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Jasper County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 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 Jasper County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from certain Jasper County ad valorem taxes for county purposes for that county in the amount of $2,000.00 of the assessed value of that homestead for certain residents of that county? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 6 of this Act shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1993. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Jasper County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
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Section 8 . Except as otherwise specified in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide a homestead exemption from certain Jasper County ad valorem taxes for county purposes in the amount of $2,000.00 of the assessed value of the homestead for certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. This 10th day of March, 1992. Curtis S. Jenkins Honorable Curtis S. Jenkins Representative, 80th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Curtis S. Jenkins, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monticello News, which is the official organ of Jasper County, on the following date: March 12, 1992. /s/ Curtis S. Jenkins Representative, 80th District
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Sworn to and subscribed before me, this 13th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992. DEKALB COUNTYSPECIAL SERVICES TAX DISTRICTS; MILLAGE RATES IN MUNICIPALITIES. No. 1240 (House Bill No. 2134). AN ACT To amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the DeKalb County Special Services Tax Districts Act, approved April 12, 1982 (Ga. L. 1982, p. 4396), as amended, so as to provide for certain limitations on the millage rate levied in certain municipalities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the DeKalb County Special Services Tax Districts Act, approved April 12, 1982 (Ga. L. 1982, p. 4396), as amended, is amended by adding a new section, to be designated Section 6B, to read as follows: Section 6B. Notwithstanding any other provision of this Act to the contrary, no provision of this Act shall in any
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manner authorize or require the levy of a millage rate in any municipality lying wholly or partially within DeKalb County in excess of the millage rate levied in the unincorporated area of DeKalb County. This section shall stand repealed in its entirety on March 1, 1993. 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 1992 session of the General Assembly of Georgia legislation to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services approved April 12, 1982 (Ga. L. 1982, p. 4396), as amended; to repeal conflicting laws; and for other purposes. This 13th day of February, 1992. 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: February 13, 1992. /s/ C. Dean Alford Representative, 57th District
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Sworn to and subscribed before me, this 19th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992. CARROLL COUNTYHOMESTEAD EXEMPTIONS; COUNTY AND SCHOOL DISTRICT TAXES; REFERENDUM. No. 1241 (House Bill No. 2152). AN ACT To provide for homestead exemptions from Carroll County ad valorem taxes for county purposes and from Carroll County 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 provide an effective date; 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 Carroll County, including but not limited to taxes to retire bonded indebtedness, but not including county school district ad valorem taxes for educational purposes.
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(2) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Carroll 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 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 Carroll County is granted an exemption on that person's homestead from all Carroll County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of that homestead. Section 3 . Each resident of Carroll County who is 65 years of age or older is granted an exemption on that person's homestead from all Carroll County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of that homestead. Section 4 . Each resident of the Carroll County School District who is 65 years of age or older is granted an exemption on that person's homestead from all Carroll County School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of that homestead, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $18,000.00 for the immediately preceding taxable year. Section 5 . The tax commissioner of Carroll County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information
Page 6516
as may be necessary to determine the eligibility of the owner for the exemption. Section 6 . The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Carroll County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Section 7 . The exemptions granted by this Act shall not apply to or affect any state taxes. Section 8 . The exemptions granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Carroll County ad valorem taxes for county purposes or Carroll County School District ad valorem taxes for educational purposes. Section 9 . No person shall be eligible to receive simultaneously the exemptions provided for in Sections 2 and 3 of this Act. Section 10 . The exemptions granted by this Act shall apply to all taxable years beginning after December 31, 1992. Section 11 . 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 Carroll County shall call and conduct an election for the purpose of submitting this Act to the electors of Carroll County and the Carroll 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 Carroll County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the following
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homestead exemptions: (1) Carroll County ad valorem taxes for county purposes in the amount of $4,000.00 for qualified residents; (2) Carroll County ad valorem taxes for county purposes in the amount of $8,000.00 for persons who are 65 years of age or older; and (3) Carroll County School District ad valorem taxes for educational purposes in the amount of $15,000.00 for qualified residents who are 65 or older whose net income does not exceed $18,000.00? 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 10 of this Act, then Sections 1 through 10 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, 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. In the event the election provided for in this section is not conducted on or before the Tuesday after the first Monday in November, 1992, this Act shall stand repealed in its entirety on December 31, 1992. The expense of such election shall be borne by Carroll County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 12 . Except as otherwise provided in Section 11 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 13 . All laws and parts of laws in conflict with this Act are repealed.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to raise the homestead exemption of the citizens of Carroll County; a bill to raise the homestead exemption, from school purpose taxes, of the citizens of Carroll County who are 65 years of age and older; and for other purposes. This 7th day of February, 1992. s/ Honorable Charles A. Thomas, Jr., Representative, 69th District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles A. Thomas, Jr., who, on oath, deposes and says that he is Representative from the 69th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Georgian, which is the official organ of Carroll County, on the following date: February 12, 1992. /s/ Charles A. Thomas, Jr. Representative, 69th District Sworn to and subscribed before me, this 5th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992.
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CITY OF EASTMANCORPORATE LIMITS. No. 1242 (House Bill No. 2155). 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. 19 and 20 in the 15th Land District of Dodge County, Georgia, and being more particularly described as follows: BEGIN at the intersection formed by the Southeast right of way line of Evergreen Circle and the Northeast right of way line of County Road No. 138, also known as Fire Tower Road; thence run along said right of way line North 43 degrees 44 minutes 27 seconds West a distance of 2,702.16 feet to a point; thence continue along said right of way line North 44 degrees 26 minutes 48 seconds West a distance of 1,995.40 feet to a point; thence run North 45 degrees 30 minutes 00 seconds East a distance of 1,024.66 feet to a point; thence run South 44 degrees 13 minutes 40 seconds East a distance of 1,260 feet to a point; thence run North 45 degrees 30 minutes 00 seconds East a distance of 840 feet to a point; thence run North 44 degrees 13 minutes 40 seconds West a distance of 1,300 feet to a point located in the centerline of Orphans Church Road; thence run along the centerline of said road South 45 degrees 30 minutes 00 seconds West a distance of 1,904.83 feet to a point located in the centerline of County Road No. 138; thence run along the centerline of
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said road South 44 degrees 26 minutes 48 seconds East a distance of 2,035.36 feet to a point; thence continue along the centerline of said road South 43 degrees 44 minutes 27 seconds East a distance of 2,696.93 feet to a point; thence run South 44 degrees 06 minutes 46 seconds East a distance of 236.78 feet to a point; thence run North 45 degrees 53 minutes 14 seconds East a distance of 40 feet to a point; thence run North 44 degrees 06 minutes 46 seconds West a distance of 231.78 feet back to the place or POINT OF BEGINNING. According to a plat of Survey prepared by Olin J. Mcleod, Ga. R.L.S. No. 2259, dated 02/01/92, and recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 25, Page 21, said Plat and the recording thereof being incorporated herein and made a part hereof by reference for descriptive and all other legal purposes. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduce at the regular 1992 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), a amended; and for other purposes. This 18th day of February, 1992. WILLIAM TORRANCE, City Manager Eastman, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman, who, on oath, deposes and says that he is Representative from the 118th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times Journal
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Spotlight, which is the official organ of Dodge County, on the following date: February 20, 1992. /s/ Terry L. Coleman Representative, 118th District Sworn to and subscribed before me, this 20th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992. CITY OF GARDEN CITYRECORDER'S COURT; FINES. No. 1243 (House Bill No. 2162). 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 increase the limit of the authority of the recorder's court to impose fines for contempt from $50.00 to $500.00; to increase the limit of the authority of the recorder's court to fix fines for offenses within its jurisdiction from $500.00 to $1,000.00; to provide a fine for violations of the provisions of the charter of Garden City, Georgia, for which no fine is specifically provided in said charter; 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),
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as amended, is amended by striking subsection (a) of Section 4.13 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The recorder's court shall try and punish for crimes against Garden City and for violations of its ordinances. The recorder's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $500.00 or ten days in jail, or both. The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 90 days, or both and, as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 90 days. Persons sentenced to imprisonment may be taken to a confinement or correctional facility of either Garden City or Chatham County. Section 2 . Said Act is further amended by striking Section 8.13 and inserting in lieu thereof a new Section 8.13 to read as follows: Section 8.13. Penalties. The violation of any provision of this charter for which no penalty is specifically provided for in this charter is declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or imprisonment not to exceed 90 days, or both such fine and imprisonment. 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 1992 Session of the General Assembly of Georgia a Bill 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 increase the limit of the authority of the Garden City Recorder's Court to impose finds for contempt from
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$50.00 to $500.00; to increase the limit of the authority of the Garden City Recorder's Court to fix fines for offenses within its jurisdiction from $500.00 to $1,000.00; to increase from $500.00 to $1,000.00 the fine for violations of the provisions of the Charter of Garden City, Georgia, as amended, for which no fine is specifically provided in said Charter; to provide for related matters; to repeal all conflicting laws; and for other purposes. This the 11th day of March, 1992. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sonny Dixon, who, on oath, deposes and says that he is Representative from the 128th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: March 11, 1992. /s/ Sonny Dixon Representative, 128th District Sworn to and subscribed before me, this 20th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992.
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CITY OF SUWANEEHOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 1244 (House Bill No. 2165). AN ACT To provide an exemption from City of Suwanee ad valorem taxes for the full value of homesteads of residents of the City of Suwanee who are 65 years of age or over or who are disabled; to provide for an exception with respect to land in excess of one acre; to specify the terms and conditions of the exemption and the procedures relating to such exemption; to provide for applicability; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) Each resident of the City of Suwanee who is 65 years of age or over or who is disabled and who meets the requirements of subsection (b) of this section is granted an exemption from all City of Suwanee ad valorem taxes for the full 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 the value of land which is included in that homestead and which exceeds one acre shall not be exempt under this Act. (b) The exemption provided by this Act shall not be granted unless the resident has owned and resided on that homestead for at least the immediately preceding 24 months and unless the resident's net income, together with the net income of that resident's spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as provided otherwise in this section, does not exceed $25,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this Act, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum
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amount authorized to be paid to an individual and that individual's spouse under the federal Social Security Act and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this Act. (c) In order to qualify for the exemption provided for in this Act as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the Official Code of Georgia Annotated, certifying that in the opinion of such physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Section 2 . The tax commissioner of Gwinnett County shall provide certificate and application forms for the exemption granted by this Act and shall require with the initial application a certificate, if such owner is disabled, and an affidavit by the owner as to the age and income of the owner, the income of the owner's spouse who resides at the homestead, and such other information as may be necessary to determine the eligibility of the owner for the exemption. Section 3 . The exemption granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the Official Code of Georgia Annotated. Any person who, as of January 1, 1993, has applied for and is eligible for the exemption provided persons 65 years of age or over pursuant to Code Section 48-5-47 of the Official Code of Georgia Annotated shall be eligible for the exemption granted by this Act without further application if that person has applied for and has been eligible for the immediately preceding two years for the exemption on the homestead provided in Code Section 48-5-47 of the Official Code of Georgia Annotated. Section 4 . After any such owner has filed the proper affidavit and certificate if disabled, as provided in this Act, and has been allowed the exemption provided in this Act, it shall not be necessary that such owner make application and file such affidavit and certificate for any year thereafter and such exemption shall continue to be allowed to such owner. It shall be the duty
Page 6526
of any resident of the City of Suwanee who has claimed the homestead exemption provided for in this Act to notify the tax commissioner in the event such resident becomes ineligible for any reason to receive such homestead exemption. Section 5 . The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from City of Suwanee ad valorem taxes. Section 6 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1993. Section 7 . The exemption granted by this Act shall be administered and granted in the same manner as the exemption granted pursuant to Code Section 48-5-52 of the Official Code of Georgia Annotated, and unless otherwise expressly provided in this Act, all provisions of general law which apply to that exemption shall apply to the exemption granted by this Act, with the exception that the exemption shall not exceed $30,000.00 of the homestead's assessed value. Section 8 . The exemption granted by this Act shall not apply to or affect any county taxes for county purposes, or state taxes. Section 9 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Suwanee 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 Suwanee for approval or rejection. The election superintendent shall conduct that election on the same date as the general municipal election in 1993 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 the City of Suwanee. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides an exemption from City of Suwanee ad
Page 6527
valorem taxes for the full amount of homesteads of residents of the City of Suwanee who are 65 years of age or over, or who are disabled, and whose income does not exceed $25,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Suwanee. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 11 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and Section 28-1-14 of the Official Code of Georgia Annotated (Michie), notice is given there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide an exemption from City of Suwanee ad valorem taxes for the full value of homesteads of residents of the City of Suwanee who are 65 years of age or over or who are disabled; to provide for an exception with respect to land in excess of one acre; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
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This 16th day of January, 1992. PRUITT BRITT, CITY ATTORNEYS 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 16, 1992. /s/ Keith R. Breedlove Representative, 60th District Sworn to and subscribed before me, this 23rd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992. NEWTON COUNTYBOARD OF EDUCATION; DISTRICTS; ELECTIONS. No. 1245 (House Bill No. 2166). AN ACT To amend an Act relating to the Board of Education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3505), and an Act approved January 27,
Page 6529
1984 (Ga. L. 1984, p. 3501), so as to change the description of the districts from which members of the board are elected; to provide for elections and terms; to provide that members shall complete the terms for which they were elected; to provide for submissions and automatic repeals; to invalidate certain certifications of political party candidates and certain notices of candidacy in the event of a certain contingency; to provide for a special primary election, special run-off election; and special election; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act relating to the Board of Education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976 p. 3505), and an Act approved January 27, 1984 (Ga. L. 1984, p. 3501), is amended by striking Section 1 thereof and inserting in its place a new section to read as follows: Section 1. (a) The board of education of Newton County shall be composed of five members. For the purposes of electing members of the board, the Newton County School District is divided into five education districts as follows: Education District: 1 NEWTON COUNTY VTD: 0004 BREWERS VTD: 0005 BRICK STORE VTD: 0009 MANSFIELD VTD: 0010 NEWBORN VTD: 0012 ROCKY PLAINS VTD: 0014 LEGUIN Education District: 2 NEWTON COUNTY VTD: 0006 CEDAR SHOALS (Part) Tract: 1005.
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Block(s): 166A, 167, 168A, 177, 178A, 178B, 179, 180, 181, 182, 183A, 183B, 184, 185, 187 Tract: 1006. Block(s): 118B, 118C, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 148B, 149A, 149B, 150, 151, 152, 153A, 153B, 159A, 159B, 161, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188 Tract: 1009. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212 VTD: 0007 DOWNS VTD: 0013 STANSELL Education District: 3 NEWTON COUNTY VTD: 0001 TOWN (Part) Tract: 1005. Block(s): 103 VTD: 0002 ALMON VTD: 0003 COVINGTON MILLS (Part) Tract: 1001. Block(s): 216A, 217A, 218, 220A, 222A, 225A, 232A, 234, 235A, 235B, 236A, 242A, 243 Tract: 1004. Block(s): 101A, 101C, 101D, 102A, 102B VTD: 0008 GUM CREEK VTD: 0011 OXFORD Education District: 4 NEWTON COUNTY VTD: 0001 TOWN (Part) Tract: 1004. Block(s): 110B, 126A, 126B, 126D, 127B, 136, 137, 138, 139A, 139B, 140A, 140B, 141A, 141B, 142A, 142B, 143, 144, 145A, 145B, 146A, 146B, 155A, 156, 157, 158, 159, 160A, 161, 162, 163, 206, 207,
Page 6531
208, 209, 210, 217, 218, 219, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 244, 250, 251, 252, 253, 254, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317 Tract: 1005. Block(s): 101A, 101B, 102, 128A, 129A, 129B, 130A, 130B, 131A, 131B, 132, 133, 134 Tract: 1006. Block(s): 101, 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109A, 109B, 110A, 110B, 111A, 111C, 112, 113, 114, 115, 116A, 116C, 117A, 117B, 118A, 119, 120, 121 Tract: 1007. Block(s): 103, 104, 105, 106, 107, 108, 109, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 127, 132A, 133, 134, 135A, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 149A, 149B, 150A, 152, 153, 154, 155, 156, 157, 158, 159, 160 VTD: 0003 COVINGTON MILLS (Part) Tract: 1004. Block(s): 303, 304, 305 VTD: 0006 CEDAR SHOALS (Part) Tract: 1006. Block(s): 111B, 111D, 116B, 154A, 154B Education District: 5 NEWTON COUNTY VTD: 0001 TOWN (Part) Tract: 1007. Block(s): 102, 110, 113, 124, 126, 128, 130, 131 VTD: 0003 COVINGTON MILLS (Part) Tract: 1001. Block(s): 201, 202, 203, 204, 205, 228, 229, 230, 231, 233A, 233B, 237, 238, 239, 240, 241 Tract: 1003. Block(s): 101A, 101B, 102, 103, 104A, 104B, 105A, 105B, 105C, 106A, 106B, 107, 108, 109, 110, 111, 112, 113A, 113B, 114A, 114B, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127, 128, 129A, 129B, 130A, 130B, 131A, 131B, 132A,
Page 6532
132B, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173A, 173B, 174, 175A, 175B, 176A, 176B, 177, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 254B, 255, 256, 257, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315, 316 Tract: 1004. Block(s): 101B, 103A, 104A, 105, 106A, 151, 153A, 201, 202, 203, 204A, 205A, 211, 212, 213, 214, 215, 216, 220, 221, 222, 241, 242, 243, 245, 246, 247, 248, 249, 301, 302 Tract: 1006. Block(s): 118D, 160 Tract: 1007. Block(s): 101, 111, 112, 125, 129, 132B, 135B, 135C, 148B, 149C, 150B, 151, 161, 162, 163, 164, 165, 166, 167 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains
Page 6533
a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of the Newton County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of the Newton County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) (1) Notwithstanding those changes in descriptions of education districts which become effective at the same time this section becomes effective, members of the board shall serve the term for which they were elected and until their successors are elected and qualified. (2) Effective on January 1, 1993, the members of the board representing Education Districts 1, 3, and 5 in accordance with the education districts which become effective in 1993 shall be the members of the board who formerly represented Education Districts 1, 3, and 5, who were elected at the general election in 1990 under previously existing provisions of this Act, and members of the board filling vacancies for unexpired terms of such members of the board. Said members of the board so elected shall serve for the terms of office to which they were elected, which shall expire on December 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994
Page 6534
and shall take office on the first day in January, 1995, for terms of four years and until their successors are elected and qualified. (3) The members representing Education Districts 2 and 4 shall be elected in 1992, as provided by this Act, and shall take office on the first day in January, 1993, for terms of four years and until their successors are elected and qualified. (4) Successors to the members elected under paragraphs (2) and (3) of this subsection and future successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day in January immediately following their election for terms of four years and until their successors are elected and qualified. Section 2 . (a) Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Newton County to submit this Act to the United States Attorney General for approval. (b) If, as of June 15, 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. (c) If, as of April 25, 1992, implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, candidates for the office of member of the board shall qualify pursuant to the education districts provided in this Act; candidates shall be nominated in the general primary and elected in the general election in 1992. (d) If implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, on or before April 25, 1992, but becomes permissible after April 25, 1992, and on or before June 15, 1992, the following shall be void: (1) the certification of political party candidates who qualified for party nomination for the office of member of the board in the general primary; (2) notices of candidacy for the office of
Page 6535
member of the board in the general election; and (3) notices of intention of candidacy for the office of member of the board by write-in candidates. The election superintendent of Newton County shall conduct a special primary election on the date of and in conjunction with the general primary election in 1992, after issuing the call for such special primary election as provided by law. Candidates for Education Districts 2 and 4 shall be nominated in such special primary election. Only candidates who have been certified by a political party as qualified for party nomination for the office of member of the board in the special primary shall be eligible to run in the special primary. If necessary, a special primary run-off election shall be held as provided by law. The election superintendent shall conduct a special election on the date of and in conjunction with the general election in November, 1992, after issuing the call for such special election as provided by law. Members of the board to represent Education Districts 2 and 4 shall be elected in such special election. Only candidates nominated for the office of member of the board in the special primary, candidates who have filed notices of candidacy for the office of member of the board in the special election, and write-in candidates for whom notice of intent of candidacy for the office of member of the board has been given shall be eligible to run in the special election for the office of member of the board. Section 3 . Except for the provisions of this Act relating to and necessary for the election of the members of the board of education of Newton County in 1992, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of education 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. March 19, 1992
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill 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; and for other purposes. This 18th day of March, 1992. 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: March 19, 1992. /s/ Denny M. Dobbs Representative, 74th District Sworn to and subscribed before me, this 23rd day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 17, 1992.
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NEWTON COUNTYBOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS. No. 1246 (House Bill No. 2167). AN ACT To amend an Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved January 27, 1984 (Ga. L. 1984, p. 3507), so as to change the composition of the districts from which members of the board are elected; to provide for definitions and inclusions; to provide that members of the board shall complete the terms for which they were elected; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to invalidate certain certifications of political party candidates and certain notices of candidacy in the event of a certain contingency; to provide for a special primary, special run-off election, and special election; to provide effective dates; 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 Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved January 27, 1984 (Ga. L. 1984, p. 3507), is amended by striking Section 1-101 and inserting in its place a new section to read as follows: Section 1-101. (a) There shall be a board of commissioners of Newton County which shall consist of five members. For purposes of electing members of the board, Newton County is divided into five commissioner districts as follows: Commissioner District: 1 NEWTON COUNTY VTD: 0004 BREWERS VTD: 0005 BRICK STORE
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VTD: 0009 MANSFIELD VTD: 0010 NEWBORN VTD: 0012 ROCKY PLAINS VTD: 0014 LEGUIN Commissioner District: 2 NEWTON COUNTY VTD: 0006 CEDAR SHOALS (Part) Tract: 1005. Block(s): 166A, 167, 168A, 177, 178A, 178B, 179, 180, 181, 182, 183A, 183B, 184, 185, 187 Tract: 1006. Block(s): 118B, 118C, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 148B, 149A, 149B, 150, 151, 152, 153A, 153B, 159A, 159B, 161, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188 Tract: 1009. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212 VTD: 0007 DOWNS VTD: 0013 STANSELL Commissioner District: 3 NEWTON COUNTY VTD: 0001 TOWN (Part) Tract: 1005. Block(s): 103 VTD: 0002 ALMON VTD: 0003 COVINGTON MILLS (Part) Tract: 1001. Block(s): 216A, 217A, 218, 220A, 222A, 225A, 232A, 234, 235A, 235B, 236A, 242A, 243 Tract: 1004. Block(s): 101A, 101C, 101D, 102A, 102B VTD: 0008 GUM CREEK VTD: 0011 OXFORD
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Commissioner District: 4 NEWTON COUNTY VTD: 0001 TOWN (Part) Tract: 1004. Block(s): 110B, 126A, 126B, 126D, 127B, 136, 137, 138, 139A, 139B, 140A, 140B, 141A, 141B, 142A, 142B, 143, 144, 145A, 145B, 146A, 146B, 155A, 156, 157, 158, 159, 160A, 161, 162, 163, 206, 207, 208, 209, 210, 217, 218, 219, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 244, 250, 251, 252, 253, 254, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317 Tract: 1005. Block(s): 101A, 101B, 102, 128A, 129A, 129B, 130A, 130B, 131A, 131B, 132, 133, 134 Tract: 1006. Block(s): 101, 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109A, 109B, 110A, 110B, 111A, 111C, 112, 113, 114, 115, 116A, 116C, 117A, 117B, 118A, 119, 120, 121 Tract: 1007. Block(s): 103, 104, 105, 106, 107, 108, 109, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 127, 132A, 133, 134, 135A, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 149A, 149B, 150A, 152, 153, 154, 155, 156, 157, 158, 159, 160 VTD: 0003 COVINGTON MILLS (Part) Tract: 1004. Block(s): 303, 304, 305 VTD: 0006 CEDAR SHOALS (Part) Tract: 1006. Block(s): 111B, 111D, 116B, 154A, 154B Commissioner District: 5 NEWTON COUNTY VTD: 0001 TOWN (Part) Tract: 1007. Block(s): 102, 110, 113, 124, 126, 128, 130, 131 VTD: 0003 COVINGTON MILLS (Part)
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Tract: 1001. Block(s): 201, 202, 203, 204, 205, 228, 229, 230, 231, 233A, 233B, 237, 238, 239, 240, 241 Tract: 1003. Block(s): 101A, 101B, 102, 103, 104A, 104B, 105A, 105B, 105C, 106A, 106B, 107, 108, 109, 110, 111, 112, 113A, 113B, 114A, 114B, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127, 128, 129A, 129B, 130A, 130B, 131A, 131B, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173A, 173B, 174, 175A, 175B, 176A, 176B, 177, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 254B, 255, 256, 257, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315, 316 Tract: 1004. Block(s): 101B, 103A, 104A, 105, 106A, 151, 153A, 201, 202, 203, 204A, 205A, 211, 212, 213, 214, 215, 216, 220, 221, 222, 241, 242, 243, 245, 246, 247, 248, 249, 301, 302 Tract: 1006. Block(s): 118D, 160 Tract: 1007. Block(s): 101, 111, 112, 125, 129, 132B, 135B, 135C, 148B, 149C, 150B, 151, 161, 162, 163, 164, 165, 166, 167 (b) For purposes of this section: (1) The terms Tract, Block, and VTD shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
Page 6541
(2) The term Precinct is synonymous with the term voting precinct and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Newton County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Newton County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) (1) Notwithstanding those changes in descriptions of commissioner districts which become effective at the same time this section becomes effective, members of the board shall serve the term for which they were elected and until their successors are elected and qualified. (2) Effective on January 1, 1993, the members of the board representing Commissioner Districts 2 and 4 in accordance with the commissioner districts which become effective in 1993 shall be the members of the board who
Page 6542
formerly represented Commissioner Districts 2 and 4, who were elected at the general election in 1990 under previously existing provisions of this Act, and commissioners filling vacancies for unexpired terms of such commissioners. Said members of the board so elected shall serve for the terms of office to which they were elected, which shall expire on December 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and shall take office on the first day in January, 1995, for terms of four years and until their successors are elected and qualified. (3) The members representing Commissioner Districts 1, 3, and 5 shall be elected in 1992, as provided by this Act, and shall take office on the first day in January, 1993, for terms of four years and until their successors are elected and qualified. (4) Successors to the members elected under paragraphs (2) and (3) of this subsection and future successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day in January immediately following their election for terms of four years and until their successors are elected and qualified. Section 2 . (a) Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Newton County to submit this Act to the United States Attorney General for approval. (b) If, as of June 15, 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. (c) If, as of April 25, 1992, implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, candidates for the office of commissioner shall qualify pursuant to the commissioner districts provided in this Act; candidates
Page 6543
shall be nominated in the general primary and elected in the general election in 1992. (d) If implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, on or before April 25, 1992, but becomes permissible after April 25, 1992, and on or before June 15, 1992, the following shall be void: (1) the certification of political party candidates who qualified for party nomination for the office of member of the board in the general primary; (2) notices of candidacy for the office of member of the board in the general election; and (3) notices of intention of candidacy for the office of member of the board by write-in candidates. The election superintendent of Newton County shall conduct a special primary election on the date of and in conjunction with the general primary election in 1992, after issuing the call for such special primary election as provided by law. Candidates for Commissioner Districts 1, 3, and 5 shall be nominated in such special primary election. Only candidates who have been certified by a political party as qualified for party nomination for the office of member of the board in the special primary shall be eligible to run in the special primary. If necessary, a special primary run-off election shall be held as provided by law. The election superintendent shall conduct a special election on the date of and in conjunction with the general election in November, 1992, after issuing the call for such special election as provided by law. Commissioners to represent Commissioner Districts 1, 3, and 5 shall be elected in such special election. Only candidates nominated for the office of member of the board in the special primary, candidates who have filed notices of candidacy for the office of member of the board in the special election, and write-in candidates for whom notice of intent of candidacy for the office of member of the board has been given shall be eligible to run in the special election for the office of member of the board. Section 3 . Except for the provisions of this Act relating to and necessary for the election of the members of the board of commissioners of Newton County in 1992, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of commissioners shall become effective
Page 6544
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 1992 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended; and for other purposes. This 18th day of March, 1992. 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: March 19, 1992. /s/ Denny Dobbs Representative, 74th District
Page 6545
Sworn to and subscribed before me, this 23rd day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 17, 1992. DAWSON COUNTYDAWSON COUNTY BOARD OF COMMISSIONERS STUDY COMMISSION; CREATION. No. 1247 (House Bill No. 2173). AN ACT To create the Dawson County Board of Commissioners Study Commission; to provide for a purpose; to provide for issues to be studied by such commission; to provide for appointments; to provide for meetings and notice of meetings; to provide for a final 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 Dawson County Board of Commissioners Study Commission. The purpose of the commission is to provide a structure and forum for Dawson County citizens to discuss whether a multimember board of commissioners should be created for Dawson County. Section 2 . The duty of the commission is to study and make recommendations relating to whether a bill should be introduced to expand the governing authority of Dawson County from a single commissioner to a multimember board of commissioners and, if so, the number of commissioners such a board
Page 6546
should have; whether there should be single-member district voting; and similar related issues. Section 3 . Five citizens of Dawson County shall be appointed as members of the commission. The chairman of the Dawson County Democratic Party and the chairman of the Dawson County Republican Party shall serve as ex officio members. The Dawson County Grand Jury serving for the August, 1992, term of the Superior Court of Dawson County shall appoint three members. Succeeding terms of the grand jury shall fill any vacancies occurring in any of the appointments to be made by the Grand Jury as provided in this Act. Section 4 . Commission members shall not be compensated. Section 5 . The commission shall meet at least four times annually. The provisions of Georgia law relating to open records and open meetings shall apply to all meetings and activities of the commission. Section 6 . At the first meeting of the commission, the members of the commission shall elect a chairman, vice chairman, and a 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 of the final report of the commission. The commission may adopt rules for its operation and governance. Section 7 . The commission shall provide a final report to the Dawson County Grand Jury, the county commissioner, and the members of the General Assembly representing Dawson County. The report shall be completed by December 31, 1993, and shall be available to representatives of the news media and to members of the public upon request. The report shall succinctly state the commission's findings and recommendations, including all viewpoints represented by members of the commission.
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Section 8 . The Dawson County commissioner shall provide a room for commission meetings and clerical assistance as needed. Section 9 . The commission shall be abolished on December 31, 1993. Section 10 . In the event that a bill to create a multimember board of commissioners is introduced at the 1994 session of the General Assembly and approved, the creation of a multimember board of commissioners shall be conditioned upon its approval at a referendum by the voters of Dawson County. 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 1992 session of the General Assembly of Georgia a bill to create the Dawson County Board of Commissioners Study Commission; to provide for a referendum; and for other purposes. This 17th day of March, 1992. Joe Lane Cox Commissioner of Dawson County By: J. David Burroughs Attorney for Dawson County 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 Advertiser, which is the official organ of Dawson County, on the following date: March 19, 1992.
Page 6548
/s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 23rd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 17, 1992. GWINNETT COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 1255 (House Bill No. 2049). AN ACT To amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4658), and particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4691), so as to reapportion the commissioner districts; to provide for definitions and insertions; to provide that all members of the board shall complete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 24,
Page 6549
1988 (Ga. L. 1988, p. 4658), and particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4691), is amended by striking in its entirety Section 3 and inserting a new section to read as follows: Section 3. (a) The board of commissioners of Gwinnett County shall consist of four members and a chairperson. The chairperson shall be elected by the qualified voters of the entire county and may reside in any district in Gwinnett County, but each other candidate for membership on the board shall be a resident of the commissioner district created by this section which he or she offers to represent and shall be elected by the qualified voters of such district. The chairperson and members of the board of commissioners shall be elected by a majority vote. (b) For the purpose of electing members of the board of commissioners, Gwinnett County is divided into four commissioner districts as follows: Commissioner District: 1 GWINNETT COUNTY VTD: 0017 1564 VTD: 0018 1263A VTD: 0019 1263B VTD: 0020 1749 VTD: 0024 404A VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0030 407C (Part) Tract: 0505.03 Block(s): 119, 123, 124, 141, 176, 177, 178, 179, 180, 181, 182, 184, 185, 186, 189, 190 VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A VTD: 0048 550B VTD: 0049 1604 VTD: 0052 1263C VTD: 0053 1263D
Page 6550
VTD: 0062 550C VTD: 0063 550D VTD: 0067 404B (Part) Tract: 0505.02 Block(s): 105 Tract: 0505.03 Block(s): 113, 114, 115, 116A, 116B, 116C, 117, 120, 121, 122 VTD: 0069 544E VTD: 0074 404C Commissioner District: 2 GWINNETT COUNTY VTD: 0004 405B VTD: 0009 405G (Part) Tract: 0504.12 Block(s): 801 VTD: 0034 406A VTD: 0035 406B (Part) Tract: 0504.07 Block(s): 101, 102, 103, 104, 105, 203, 205, 206, 207, 212 Tract: 0504.08 Block(s): 103, 104, 105, 106, 107, 108 VTD: 0036 406C VTD: 0037 406D VTD: 0038 406E VTD: 0039 406F VTD: 0040 406G VTD: 0041 406H VTD: 0042 406I VTD: 0043 406J VTD: 0050 405H VTD: 0058 406L VTD: 0059 406M VTD: 0060 406N VTD: 0061 4060 VTD: 0064 405I VTD: 0070 406P VTD: 0071 406Q
Page 6551
Commissioner District: 3 GWINNETT COUNTY VTD: 0001 1295A VTD: 0002 1295B VTD: 0009 405G (Part) Tract: 0504.12 Block(s): 306, 307, 308, 601, 602, 603, 701, 702, 703, 704, 705, 706, 802, 803, 804, 901, 902, 903, 904, 905, 906 VTD: 0010 408A VTD: 0012 408C VTD: 0013 408D VTD: 0014 408E VTD: 0015 408F VTD: 0016 408G VTD: 0021 1578A VTD: 0022 1578B VTD: 0045 1578C VTD: 0045 571A VTD: 0051 408H VTD: 0054 1578D VTD: 0065 408I VTD: 0068 408J VTD: 0068 407F (Part) Tract: 0507.05 Block(s): 118, 160A, 160C VTD: 0072 571C VTD: 0076 571D VTD: 0077 571B Commissioner District: 4 GWINNETT COUNTY VTD: 0003 405A VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0011 408B VTD: 0028 407A VTD: 0029 407B
Page 6552
VTD: 0030 407C (Part) Tract: 0505.03 Block(s): 138, 139, 142, 143, 144, 147, 148, 149, 150, 151, 152, 153, 154, 155, 162, 163, 164, 165, 166, 168, 169, 170, 171, 172, 173, 174, 175, 183, 201, 202, 203, 204, 205B, 207, 208, 209, 210, 212C, 213, 214B, 215B, 215C, 216, 220B, 221B, 221C, 222, 225B Tract: 0505.09 Block(s): 201B VTD: 0031 544A VTD: 0032 544B VTD: 0033 544C VTD: 0035 406B (Part) Tract: 0504.07 Block(s): 201, 202, 204, 208, 209, 210, 211 VTD: 0055 407D (Part) Tract: 0505.03 Block(s): 205A, 206, 212A, 212B, 214A, 215A, 217A, 217B, 217C, 217D, 218, 219A, 219B, 219C, 220A, 221A, 221D, 225A Tract: 0505.08 Block(s): 201, 202, 203, 204, 205A, 205B, 205C, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 Tract: 0505.09 Block(s): 201A, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222 VTD: 0056 407E VTD: 0057 406K VTD: 0067 404B (Part) Tract: 0505.02 Block(s): 106, 117 Tract: 0505.03 Block(s): 118, 187, 188 VTD: 0068 407F (Part) Tract: 0505.08 Block(s): 801A, 801B, 801C, 801D, 801E, 801F, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813
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Tract: 0505.09 Block(s): 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 117C, 118, 119A, 119B, 119C, 120A, 120B, 121, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 402, 403, 501, 502, 503, 601A, 601B, 601C, 602A, 602B, 603 Tract: 0507.05 Block(s): 120, 121, 162A, 162B, 163 VTD: 0073 408K VTD: 0075 406R VTD: 0078 544D (c) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Gwinnett County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
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(5) Any part of Gwinnett County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (d) Notwithstanding those changes in descriptions of commissioner districts which become effective at the same time this section becomes effective and notwithstanding the district residency requirement for candidates in subsection (a) of this section, members of the board serving on the effective date of this Act shall complete the term for which they were elected and until their successors are elected and qualified. (e) Effective on the first Monday in January, 1993, the members of the board representing Commissioner Districts 2 and 4 in accordance with the commissioner districts which become effective in 1993 shall be the former members of the board of commissioners representing Commissioner Districts 2 and 4 who were elected at the general election in 1990 under previously existing provisions of this Act, and said members of the board of commissioners so elected shall serve for the terms of office to which they were elected, which shall expire on December 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and shall take office on the first Monday in January, 1995, for terms of four years and until their successors are elected and qualified. (f) The chairperson and members representing Commissioner Districts 1 and 3 shall be elected at the general election of 1992 and shall take office on January 1, 1993, for terms of four years and until their successors are elected and qualified. (g) Successors to the chairperson and members elected under subsections (e) and (f) and future successors shall be
Page 6555
elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day in January immediately following their election for terms of four years and until their successors are elected and qualified. (h) All elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of commissioners of Gwinnett County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3 . Except for the provisions of this Act relating to and necessary for the election of the members of the board of commissioners of Gwinnett County in 1992, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of commissioners 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 LEGAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 4658), as amended; and for other purposes.
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This 23rd day of January, 1992. Honorable Keith Breedlove Representative, 60th District 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, which is the official organ of Gwinnett County, on the following date: January 23, 1992. /s/ Keith R. Breedlove Representative, 60th District Sworn to and subscribed before me, this 6th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 20, 1992. ATHENS-CLARKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITYMEMBERSHIP. No. 1269 (Senate Bill No. 866). AN ACT To amend an Act establishing the Unified Government of Athens-Clarke County, Georgia, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, so as to provide how membership positions on the Athens-Clarke County Industrial Development
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Authority shall be construed as a result of the changes effected by the governmental reorganization which resulted in that Unified Government; to provide for legislative findings; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing the Unified Government of Athens-Clarke County, Georgia, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, is amended by adding at the end of Section 8-101 a new subsection to read as follows: (e) The Athens-Clarke County Industrial Development Authority, created by a local amendment to the Constitution (Ga. L. 1960, p. 1379) and continued in force and effect by an Act approved March 27, 1985 (Ga. L. 1985, p. 4134), provides that the membership of that Authority is composed of or appointed by governmental authorities which no longer exist because of the unification of those authorities as the Unified Government of Athens-Clarke County, Georgia, effected by this Act. Article XI, Section I, Paragraph IV and Article X, Section I, Paragraph I of the Constitution prohibit the amendment of such local constitutional amendments. Article IX, Section III, Paragraph II(a) of the Constitution, however, grants the General Assembly the power in providing for local government consolidation to `provide by law for any matters necessary or convenient to authorize the consolidation.....' It is thus found by the General Assembly that the consolidation which resulted in the Unified Government necessitates, and therefore constitutionally authorizes, that the membership positions on the Athens-Clarke County Industrial Development Authority be construed to mean the following: (1) The membership position on the Authority specified to be held by the Mayor of the City of Athens shall be construed to refer to the Chief Executive Officer of the Unified Government; (2) The membership position on the Authority specified to be held by the Chairman of the Board of Commissioners
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of Roads and Revenue of Clarke County shall be construed to refer to a person recommended by the Chief Executive Officer of the Unified Government and appointed by the Commission of that government; (3) The membership position on the Authority specified to be held by a person appointed by the Commissioners of Roads and Revenues of Clarke County shall be construed to refer to a member of the Commission of the Unified Government who has been appointed to the Authority by such Commission. (4) The membership position on the Authority specified to be held by a person appointed by the Mayor and Council of the City of Athens shall be construed to refer to a person appointed by the Commission of the Unified Government; and (5) The membership position on the Authority specified to be held by the President of the Athens Chamber of Commerce, Inc., shall be construed to refer to the President of the Athens Area Chamber of Commerce, Inc. 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 the CEO and Commission of the Unified Government of Athens-Clarke County, Georgia intends to apply to the General Assembly at the 1992 regular session thereof, for a bill to introduce legislation amending Article 8 of the Charter of the Unified Government of Athens-Clarke County, Georgia, and for other purposes. This notice is given pursuant to Section 28-1-14 OCGA. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul C. Broun, who, on
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oath, deposes and says that he is Senator from the 46th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Banner-Herald, which is the official organ of Clarke County, on the following date: March 17, 1992. /s/ Paul C. Broun Senator, 46th District Sworn to and subscribed before me, this 17th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 20, 1992. HALL COUNTYCIVIL SERVICE SYSTEM; COVERAGE; BOARD DECISIONS. No. 1270 (House Bill No. 1094). AN ACT To amend an Act establishing a Civil Service System in Hall County for employees of Hall County, approved April 4, 1967 (Ga. L. 1967, p. 2556), as amended, so as to change the employees covered under the Hall County Civil Service System Act; to provide additional exemptions; to provide that decisions of the Board shall be binding upon the governing authority of Hall County, the Sheriff, the Probate Judge, the Clerk of Superior Court, and the Tax Commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1 . An Act establishing a Civil Service System in Hall County for employees of Hall County, approved April 4, 1967 (Ga. L. 1967, p. 2556), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. There is hereby created and established a civil service system to be known as the Hall County Civil Service System. All Hall County employees, now employed or hereafter employed, and all employees and deputies, now employed or hereafter employed, of the Hall County Sheriff, the Hall County Probate Judge, the Hall County Clerk of Superior Court, and the Hall County Tax Commissioner shall be members of the Hall County Civil Service system except: elected officers of the county, members of appointed boards, members of commissions and authorities, the county administrator, the assistant county administrator, the county clerk, the county human resources director, the county fire chief, the county warden, the county director of management information systems, the county general services director, the county director of planning and zoning, the director of emergency management of the county, the county attorney, the county physician, part-time employees, and hourly wage earners. Section 2 . Said Act is further amended by striking Section 6 in its entirety and substituting therefor a new Section 6 which shall read as follows: Section 6. (a) No employee of any department or office of the County who is covered under the Hall County Civil Service System Act may be dismissed from employment in said department or office except for good cause and in accordance with the rules and regulations of the Civil Service Board as approved by the governing authority of Hall County. Any employee who is dismissed shall have the right of appeal pursuant to the terms of the rules and regulations prescribed for appeal by the Hall County Civil Service Board. Such appeal shall be heard at the next regular or special meeting of the Hall County Civil Service Board after it is filed and must be heard and determined by the Board within forty-five (45) days of the date that said appeal was
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filed with the Board; provided, however, that such dismissed employee must file his/her appeal with the Board in writing within ten (10) days from the date of his/her dismissal. The decision of the Board shall be binding upon the governing authority of Hall County, the Hall County Sheriff, the Hall County Probate Judge, the Hall County Clerk of Superior Court, and the Hall County Tax Commissioner as to whether such dismissal was for proper cause. (b) All appeals under this section shall be heard by the five (5) member Hall County Civil Service Board. Said hearing shall be chaired by a hearing officer who shall be the attorney-at-law for the Hall County Civil Service Board. The hearing officer shall not have a vote on the appeal but shall conduct the hearing, make evidentiary rulings, and prepare final orders of the decision for the Hall County Civil Service Board. Section 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 relating to the establishment of a Civil Service System in Hall County for employees of Hall County, approved April 4, 1967 (Ga. L. 1967 p. 2556, et seq.), as amended; and for other purposes.
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THIS 24th day of January 1991. /s/ J. NATHAN DEAL Senator, 49th District /s/ JERRY D. JACKSON District 9 Post 3 /s/ ROBERT W. LAWSON, JR. District 9 Post 2 /s/ W. WYCLIFFE ORR District 9 Post 1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wyc Orr, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County, on the following date: January 28, 1991. /s/ Wyc Orr Representative, 9th District Sworn to and subscribed before me, this 13th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 20, 1992.
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FULTON COUNTYHOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 1272 (House Bill No. 1553). AN ACT To provide a homestead exemption from all Fulton County ad valorem taxes in an amount of $4,000.00 of the assessed value of such homestead for certain residents of Fulton County in 1993; to provide that such amount shall increase $2,000.00 each year after that until it reaches $10,000.00 in 1996; to provide that each year thereafter the amount shall be $10,000.00; to provide for definitions; to provide for applicability; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . For purposes of this Act, the term: (1) Ad valorem taxes means all Fulton County ad valorem taxes except for ad valorem taxes for educational purposes levied by, for, or on behalf of the Fulton County School District, and except for taxes to retire bonded indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40. Section 2 . Each resident of Fulton County is granted an exemption on that person's homestead from all Fulton County ad valorem taxes to be provided as follows: Tax years beginning Maximum amount of exemption 1993 $ 4,000.00 1994 6,000.00 1995 8,000.00 1996 and thereafter 10,000.00
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Section 3 . The tax commissioner of Fulton County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemption. Section 4 . The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed each year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Fulton County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Section 5 . The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. The exemption granted by this Act shall be in lieu of and not in addition to any other exemption granted by the general provisions of the Constitution and the laws of this state. The exemption granted by Section 2 of this Act shall not apply to or affect any taxes levied to retire bonds, indebtedness, state taxes, or municipal taxes. Section 6 . The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1993. Section 7 . 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 Fulton County shall call and conduct an election for the purpose of submitting this Act to the electors of Fulton 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 Fulton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from certain Fulton County ad valorem taxes, except
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for taxes to retire bonded indebtedness, in the amount of $4,000.00 in 1993; $6,000.00 in 1994; $8,000.00 in 1995; and $10,000.00 in 1996 and each year thereafter? 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 Fulton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 8 . Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill relative to a homestead exemption for ad valorem taxes levied for Fulton County Government purposes; and for other purposes. This 2nd day of January, 1992. HONORABLE DOROTHY FELTON Representative, 22nd District
Page 6566
GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dorothy Felton, who, on oath, deposes and says that she is Representative from the 22nd 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 6, 1992. /s/ Dorothy Felton Representative, 22nd District Sworn to and subscribed before me, this 4th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 20, 1992. DEKALB COUNTYCOMMISSION; DISTRICTS; ELECTIONS; REFERENDUM No. 1273 (House Bill No. 1577). 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 April 12, 1982 (Ga. L. 1982, p. 4235), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4325), so as to reapportion existing commissioner districts; to provide that commissioners formerly elected by the county at large shall be elected from commissioner districts; to provide for definitions
Page 6567
and insertions; to provide that members serving on the board on the effective date of this Act shall complete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to invalidate certain certifications of political party candidates and certain notices of candidacy in the event of a certain contingency; to provide for a referendum relating to certain provisions of this Act; to provide for a special primary, run-off election, and election; 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 April 12, 1982 (Ga. L. 1982, p. 4235), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4325), is amended by striking Sections 2 and 3 in their entirety and inserting new sections to read as follows: Section 2. The Commission. (a) The commission shall consist of seven members. (b) For the purposes of electing members to represent Commissioner Districts 1 through 5, DeKalb County shall be divided into five commissioner districts as follows: Commissioner District: 1 DEKALB COUNTY VTD: 0002 ASHFORD DUNWOODY VTD: 0005 AUSTIN VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0037 DUNWOODY
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VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0053 HENDERSON MILL VTD: 0056 HUGH HOWELL VTD: 0057 HUNTLEY HILLS VTD: 0064 KINGSLEY VTD: 0069 LAVISTA AND LIVSEY VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK VTD: 0093 NORTHWOODS VTD: 0095 OAKCLIFF VTD: 0099 PEACHTREE VTD: 00AD PLEASANTDALE VTD: 00AW SHALLOWFORD VTD: 00AX SILVER HILL (Part) Tract: 0219.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119C, 120B, 121, 122, 139B, 142, 143, 144, 149, 150, 201C, 206B, 208B, 209B, 211B, 213B, 214B, 215B, 247, 325C, 325D, 328B, 335, 336B, 337B, 341B, 344, 348 VTD: 00AY SILVER LAKE VTD: 00BB SMOKE RISE VTD: 00BP TUCKER VTD: 00BQ VANDERLYN VTD: 00BR VERMACK VTD: 00BU WARREN Commissioner District: 2 DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0014 CALLANWOLDE VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD
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VTD: 0030 CROSS KEYS VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0048 GLENNWOOD VTD: 0052 HAWTHORNE VTD: 0054 HERITAGE VTD: 0061 JOHNSON ESTATES VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0074 MARGARET HARRIS VTD: 0079 MEDLOCK VTD: 0086 MONTCLAIR VTD: 0092 NORTHLAKE VTD: 0094 OAK GROVE VTD: 00AE PONCE DE LEON VTD: 00AR SAGAMORE VTD: 00AU SCOTT VTD: 00BA SKYLAND VTD: 00BD SOUTH DECATUR VTD: 00BW WESLEY WOODS VTD: 00BX WESTCHESTER VTD: 00CB WINNONA Commissioner District: 3 DEKALB COUNTY VTD: 0013 BROCKETT VTD: 0016 CANDLER VTD: 0027 CLIFTON VTD: 0038 EAST LAKE VTD: 0039 EASTLAND VTD: 0046 FLAT SHOALS VTD: 0047 FORREST HILLS VTD: 0049 GORDON VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0058 IDLEWOOD VTD: 0063 KELLY LAKE VTD: 0065 KIRKWOOD
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VTD: 0066 KNOLLWOOD VTD: 0076 MCLENDON VTD: 0078 MEADOWVIEW VTD: 0087 MONTREAL VTD: 0088 MORELAND VTD: 0091 NORTH DECATUR VTD: 00AA PETERSON VTD: 00AK REHOBOTH VTD: 00BJ TERRY MILL VTD: 00BK TILSON VTD: 00BL TONEY (Part) Tract: 0231.01 Block(s): 206, 207 Tract: 0235.01 Block(s): 201, 202, 203 VTD: 00BM TOOMER VTD: 00BY WHITEFOORD NORTH VTD: 00CA WHITEFOORD SOUTH Commissioner District: 4 DEKALB COUNTY VTD: 0006 AVONDALE ESTATES VTD: 0026 CLARKSTON VTD: 0036 DUNAIRE VTD: 0051 HAMBRICK VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY VTD: 0070 LITHONIA VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0098 PEACHCREST VTD: 00AC PINE LAKE VTD: 00AH REDAN NORTH VTD: 00AJ REDAN SOUTH VTD: 00AL ROCKBRIDGE VTD: 00AM ROCK CHAPEL
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VTD: 00AP ROWLAND HILLS VTD: 00AV SCOTTDALE VTD: 00AX SILVER HILL (Part) Tract: 0219.03 Block(s): 349B VTD: 00BF STONE MILL VTD: 00BG STONE MOUNTAIN VTD: 00BH STONEVIEW Commissioner District: 5 DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0044 FAIRINGTON VTD: 0077 MCWILLIAMS VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 00AB PHILLIPS VTD: 00AF RAINBOW VTD: 00AG RAINBOW PARK VTD: 00AN ROWLAND VTD: 00AQ ROWLAND ROAD VTD: 00AT SALEM VTD: 00BC SNAPFINGER VTD: 00BE SPRING HILL VTD: 00BL TONEY (Part) Tract: 0235.02 Block(s): 303, 305, 306, 307, 308, 309, 310, 311A, 311B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410
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VTD: 00BN TOWERS VTD: 00BT WADSWORTH VTD: 00BV WESLEY CHAPEL (c) For the purposes of electing the remaining two members of the board, who were elected by the county at large under previously existing provisions of this Act, DeKalb County shall be divided into two commissioner districts as follows: Commissioner District: 6 DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0002 ASHFORD DUNWOODY VTD: 0003 ASHFORD PARK VTD: 0005 AUSTIN VTD: 0006 AVONDALE ESTATES VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0014 CALLANWOLDE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0026 CLARKSTON VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0036 DUNAIRE VTD: 0037 DUNWOODY VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0047 FORREST HILLS
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VTD: 0048 GLENNWOOD VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0057 HUNTLEY HILLS VTD: 0058 IDLEWOOD VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0061 JOHNSON ESTATES VTD: 0062 JOLLY VTD: 0064 KINGSLEY VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON VTD: 0079 MEDLOCK VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0086 MONTCLAIR VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK VTD: 0091 NORTH DECATUR VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: 0099 PEACHTREE VTD: 00AC PINE LAKE VTD: 00AE PONCE DE LEON VTD: 00AK REHOBOTH VTD: 00AM ROCK CHAPEL VTD: 00AQ ROWLAND ROAD VTD: 00AR SAGAMORE VTD: 00AU SCOTT VTD: 00AV SCOTTDALE VTD: 00AW SHALLOWFORD VTD: 00AY SILVER LAKE VTD: 00BA SKYLAND VTD: 00BD SOUTH DECATUR
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VTD: 00BF STONE MILL VTD: 00BG STONE MOUNTAIN VTD: 00BQ VANDERLYN VTD: 00BR VERMACK VTD: 00BW WESLEY WOODS VTD: 00BX WESTCHESTER VTD: 00CB WINNONA Commissioner District: 7 DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0013 BROCKETT VTD: 0015 CANBY VTD: 0016 CANDLER VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0038 EAST LAKE VTD: 0039 EASTLAND VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0044 FAIRINGTON VTD: 0046 FLAT SHOALS VTD: 0049 GORDON VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0056 HUGH HOWELL VTD: 0063 KELLY LAKE VTD: 0065 KIRKWOOD VTD: 0066 KNOLLWOOD VTD: 0069 LAVISTA AND LIVSEY VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS VTD: 0078 MEADOWVIEW VTD: 0083 MIDWAX
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VTD: 0084 MIDWAY PARK VTD: 0085 MILLER ROAD VTD: 0087 MONTREAL VTD: 0088 MORELAND VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 0098 PEACHCREST VTD: 00AA PETERSON VTD: 00AB PHILLIPS VTD: 00AD PLEASANTDALE VTD: 00AF RAINBOW VTD: 00AG RAINBOW PARK VTD: 00AH REDAN NORTH VTD: 00AJ REDAN SOUTH VTD: 00AL ROCKBRIDGE VTD: 00AN ROWLAND VTD: 00AP ROWLAND HILLS VTD: 00AT SALEM VTD: 00AX SILVER HILL VTD: 00BB SMOKE RISE VTD: 00BC SNAPFINGER VTD: 00BE SPRING HILL VTD: 00BH STONEVIEW VTD: 00BJ TERRY MILL VTD: 00BK TILSON VTD: 00BL TONEY VTD: 00BM TOOMER VTD: 00BN TOWERS VTD: 00BP TUCKER VTD: 00BT WADSWORTH VTD: 00BU WARREN VTD: 00BV WESLEY CHAPEL VTD: 00BY WHITEFOORD NORTH VTD: 00CA WHITEFOORD SOUTH (d) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
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(2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) 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 map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of DeKalb County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of DeKalb County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (e) Each commissioner shall be a citizen of this state, at least 25 years of age, and shall have been a resident of the geographic area encompassed by the respective commissioner district for at least two years immediately prior to taking office.
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Each commissioner shall be elected by a majority of the electors voting within the respective commissioner district. Except for displacement of their residences from their respective districts due to reapportionment of the districts, any commissioners who cease to be residents of their respective commissioner districts during their terms of office shall thereby vacate their seats on the commission. All members of the commission shall be nominated and elected pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' as now or hereafter amended. Section 3. Establishment of Commission. The commission created by Sections 1 and 2 of this Act shall become effective on January 1, 1993. The initial and subsequent members of said commission shall be as follows: (1) Effective January 1, 1993, the commissioners representing Commissioner Districts 2 and 3 shall be the former commissioners representing Commissioner Districts 2 and 3, who were elected at the general election of 1990 under previously existing provisions of this Act and any commissioner elected to fill a vacancy created by any of such commissioner. Said commissioners so elected shall complete the terms of office to which they were elected, which shall expire on December 31, 1994. Their successors shall be elected at the general election of 1994 and shall take office on January 1, 1995, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (2) Candidates to represent Commissioner Districts 1, 4, and 5 shall be nominated at a special primary to be held on the third Tuesday in September, 1992. Commissioners to represent such commissioner districts shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for terms of four years and until their successors are elected and
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qualified, and shall take office on January 1, 1993. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms 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. (3) Effective January 1, 1993, the commissioner representing Commissioner District 7 shall be the person elected as the at-large commissioner at the general election of 1990 under previously existing provisions of this Act, or any commissioner elected to fill a vacancy created by said commissioner. Said commissioner so elected shall complete the term for which he or she was elected, which shall expire on December 31, 1994. The successor to said commissioner shall be elected at the general election of 1994 and shall take office on January 1, 1995, and until the successor is elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following election for terms of four years and until their successors are elected and qualified. (4) Candidates to represent Commissioner District 6 shall be nominated at a special primary to be held on the third Tuesday in September, 1992. A commissioner to represent Commissioner District 6 shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for a term of four years and until a successor is elected and qualified and shall take office on January 1, 1993. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following election for terms of four years and until their successors are elected and qualified. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of DeKalb County to submit this Act to the United States Attorney General for approval. If, as of
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July 1, 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. If implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, on or before July 1, 1992, the following shall be void: (1) the certification of political party candidates who qualified for party nomination for the office of commissioner in the general primary; (2) notices of candidacy for the office of commissioner in the general election; and (3) notices of intention of candidacy for the office of commissioner by write-in candidates. Only candidates who have been certified by a political party as qualified for party nomination for the office of commissioner in the special primary shall be eligible to run in the special primary; only candidates nominated for the office of commissioner in the special primary, candidates who have filed notices of candidacy for the office of commissioner in the special election, and write-in candidates for whom notice of intent of candidacy for the office of commissioner has been given shall be eligible to run in the special election for the office of commissioner. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting the provisions of this Act relating solely to Commissioner Districts 6 and 7 to the electors of DeKalb County for approval or rejection. Specifically, the provisions of this Act relating solely to Commissioner Districts 6 and 7 are subsection (c) of quoted Section 2 and paragraphs (3) and (4) of quoted Section 3. The election superintendent shall conduct that election on the general primary date 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 DeKalb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the provisions of the Act be approved which provides that the two commissioners formerly elected from DeKalb
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County at large shall be elected from commissioner districts, and provides that the commissioners at large currently in office shall complete the term of office for which elected? All persons desiring to vote for approval of the specified provisions of the Act shall vote Yes, and those persons desiring to vote for rejection of the specified provisions of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the specified provisions of the Act, such provisions shall become of full force and effect immediately, and subsection (c) of Section 4 of this Act shall be void and of no effect. if the specified provisions of the Act are not so approved or if the election is not conducted as provided in this section, subsections (a) and (c) of Section 4 of this Act shall become effective immediately, but the specified sections of this Act shall be void and of no effect. The expense of such election shall be borne by DeKalb County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4 . (a) The election superintendent shall conduct a special primary election on the third Tuesday in September, 1992, after issuing the call therefor as provided by law. If necessary, a special primary run-off election shall be held as provided by law; the election superintendent shall conduct a special election on the date of the general election in November, 1992, after issuing the call therefor as provided by law. (b) If the specified provisions of this Act are approved in the referendum held on the general primary date in July, 1992, candidates for commissioners to represent Commissioner Districts 1, 4, 5, and 6, as such districts are described in this Act, shall be nominated at the special primary conducted in accordance with subsection (a) of this section. Commissioners to represent such districts shall be elected at the special election to be held on the date of the general election.
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(c) If the specified provisions of this Act are not approved in the referendum held on the general primary date in July 1992, the two remaining commissioners shall be elected by the county at large, notwithstanding the provisions of subsection (e) of quoted Section 2 of this Act. The person elected as the atlarge commissioner at the general election of 1990 under previsouly existing provisions of this Act, or any commissioner elected to fill a vacancy created by said commissioner shall complete the term for which he or she was elected, which shall expire on December 31, 1994. The successor to said commissioner shall be elected at the general election of 1994 and shall take office on January 1, 1995, and until the successor is elected and qualified. The special primary shall nominate candidates for commissioners to represent Commissioner Districts 1, 4, and 5 as such districts are described in this Act and candidates to succeed the at-large commissioner elected in the general election of 1988 to represent the entire area of DeKalb County, as set out in the local law effective immediately prior to the adoption of this Act by the General Assembly and the approval of this Act by the Governor. On the date of the general election in November, 1992, a special election shall be held to elect commissioners to represent Commissioner Districts 1, 4, and 5 as such districts are described in this Act and a commissioner to succeed the at-large commissioner elected in the general election of 1988 to represent the entire area of DeKalb County, as set out in the local law effective immediately prior to the adoption of this Act by the General Assembly and the approval of this Act by the Governor. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following election for terms of four years and until their successors are elected and qualified. Section 5 . (a) Subsection (a) of Section 4 of this Act and provisions reasonably necessary to conduct the election of commissioners for DeKalb County in 1992 and the referendum election for approval of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Subsection (b) of Section 4 of this Act shall become effective only upon certification to the Secretary of State that
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the specified provisions of this Act were approved in the referendum election; otherwise, it shall be void and of no effect. Except for subsection (c) of Section 4 and provisions of this Act subject to subsection (a) of this section, all other provisions of this Act shall become effective on January 1, 1993. (c) Subsection (c) of Section 4 of this Act shall become effective only upon certification to the Secretary of State that this Act was not approved in the referendum election; otherwise it shall be void and of no effect. 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 1992 session of the General Assembly of Georgia a bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237, as amended); and for other purposes. This 17th day of January, 1992. Honorable Dean Alford Representative 57th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Lawrence, who, on oath, deposes and says that he is Representative from the 49th 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 23, 1992.
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/s/ Tom Lawrence Representative, 49th District Sworn to and subscribed before me, this 7th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 20, 1992. FULTON COUNTYHOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 1274 (House Bill No. 1654). AN ACT To provide a homestead exemption from certain Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide that the exemption shall be in lieu of and not in addition to certain homestead exemptions; to provide for applicability; 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 county purposes means all ad valorem taxes for county purposes levied by, for, or
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on behalf of Fulton County, but not including taxes to retire bonded indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40. Section 2 . Each resident of Fulton County is granted an exemption on that person's homestead from all Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of that homestead. Section 3 . The tax commissioner of Fulton County or the designee thereof shall provide application forms for the exemption granted by this Act, shall require such information as may be necessary to determine the eligibility of the owner for the exemption, and may require periodic certification by the owner occupies the residence as a homestead. Section 4 . The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead and the owner certifies when requested by the tax commissioner of Fulton County that the owner occupies the residence as a homestead. It shall bethe duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Fulton County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1 of the year immediately preceding the year the homestead exemption provided under this Act first becomes applicable, has applied for and is eligible for a homestead exemption from Fulton County ad valorem taxes, shall be eligible for the exemption granted under this Act without further application if that person has applied for and been eligible for the immediately preceding year for such exemption. Section 5 . The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or Fulton County School District taxes for educational purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to Fulton County ad valorem taxes for county purposes. A person
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entitled to an exemption under a local law or local constitutional amendment in an amount greater than this exemption shall be entitled to such exemption in lieu of the exemption granted by this Act. Section 6 . The exemption granted by this Act shall apply to all taxable years beginning on or after January 1 of the year in which the amount of the Fulton County tax digest attributable to the residential classification increases by 30 percent or more over the amount of the 1990 Fulton County tax digest attributable to the residential classification. Section 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Fulton County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 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 Fulton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from certain Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for that county for certain residents of that county upon a 30 percent increase in the residential classification of the county tax digest and which is in lieu of certain smaller existing homestead exemptions from Fulton County ad valorem taxes?
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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 6 shall become of full force and effect immediately and shall be applicable to the taxable years specified in Section 6 of this Act. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 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 Fulton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 8 . Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide an increased homestead exemption from all Fulton County ad valorem taxes for county purposes for certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of certain prior homestead exemptions; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes. This 4th day of February, 1992. Honorable Jim Martin Representative, 26th District
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Martin, who, on oath, deposes and says that he is Representative from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: February 7, 1992. /s/ Jim Martin Representative, 26th District Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 20, 1992. NEWTON COUNTYMOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 1275 (House Bill No. 1731). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing year and thereafter in Newton County during designated registration periods as provided in Code Section 40-2-21 of the O.C.G.A; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1 . Effective January 1, 1993, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Newton County during designated registration periods as provided in Code Section 40-2-21 of the O.C.G.A. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Newton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Newton County for approval or rejection. The election superintendent shall conduct that election on the date of the general primary and shall issue the call therefor not less than 30 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Newton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that effective January 1, 1993, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Newton County on a staggered basis during designated registration periods between January 1 and April 30 of each year as provided in Code Section 40-2-21 of the O.C.G.A.? 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.
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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 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 1992 session of the General Assembly of Georgia a bill to provide for staggered registration and licensing of motor vehicles in Newton County; and for other purposes. This 10th day of February, 1992. Denny M. Dobbs GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denny M. Dobbs, who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News, which is the official organ of Newton County, on the following date: February 13, 1992. /s/ Denny M. Dobbs Representative, 74th District
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Sworn to and subscribed before me, this 17th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 20, 1992. CITY OF LAWRENCEVILLECORPORATE LIMITS. No. 1276 (House Bill No. 1757). AN ACT To amend an Act creating a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended by an Act approved March 30, 1989 (Ga. L. 1989, p. 4273), and an Act approved March 30, 1990 (Ga. L. 1990, p. 5114), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended by an Act approved March 30, 1989 (Ga. L. 1989, p. 4273), and an Act approved March 30, 1990 (Ga. L. 1990, p. 5114), is amended by adding at the end of Appendix A the following: The following described property shall also be included within the corporate limits of the City of Lawrenceville: All that tract or parcel of land lying and being in Land Lots 83 84 of the 5th District, Gwinnett County, Georgia, being known as Lot 16 of Venable Valley Farms
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as per plat recorded at Plat Book 4, Page 244, Gwinnett County, Georgia Records, which plat is incorporated herein by reference. Said tract containing 5.185 acres, more or less. Less and Except any portion of the property previously conveyed to Gwinnett County, in fee simple, for Right-of-Way purposes. Said parcel is designated Tax Parcel 5-84-37 according to the Gwinnett County Tax Maps. 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 1992 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended by an Act approved March 30, 1989 (Ga. L. 1989, p. 4273), and an Act approved March 30, 1990 (Ga. L. 1990, p. 5114), so as to change the corporate limits of the city; and for other purposes. This 10th day of Feb., 1992. -s-Honorable Vinson Wall Representative, 61st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vinson Wall, who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Home Weekly, which is the official organ of Gwinnett County, on the following date: February 13, 1992.
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/s/ Vinson Wall Representative, 61st District Sworn to and subscribed before me, this 18th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 20, 1992. CARROLL COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 1277 (House Bill No. 2035). AN ACT To amend an Act creating the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, so as to reapportion the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; 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 Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, is amended by striking Section 18 and inserting in lieu thereof the following:
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Section 18. Commissioner districts. (a) For purposes of the election of members of the board of commissioners, Carroll County is divided into the following territory: Commissioner District: 1 CARROLL COUNTY VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9907. Block(s): 317, 321, 322, 323, 404, 405B, 407, 408, 409C, 410B, 410C VTD: 0005 EMC 714B NORTH (Part) Tract: 9905. Block(s): 101B, 102, 103, 104B, 105B, 106, 107, 108A, 108C, 108D, 109C, 111C Tract: 9906. Block(s): 118, 119, 142, 143, 144, 145A, 145C VTD: 0006 CENTRAL HIGH 714 B SOUTH (Part) Tract: 9910. Block(s): 308B, 309B, 315, 316 VTD: 0009 SANDHILL (Part) Tract: 9907. Block(s): 314, 315, 316 VTD: 0015 BOWDEN JUNCTION (Part) Tract: 9903. Block(s): 156, 157, 176, 177, 178, 179, 180, 181, 182, 183, 186, 188, 233B, 234, 235, 236, 237, 238, 257, 258, 259, 260 VTD: 0020 WEST SIDE GYM 714A1 (Part) Tract: 9905. Block(s): 108B, 109A, 109B, 130A, 131A, 131B, 131C, 131D, 131E, 132, 133, 134, 135, 139A, 140, 201, 202, 203, 204, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 401, 402A, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 507 VTD: 0021 LAKESHORE RECREATION CENTER 714A2 (Part) Tract: 9906.
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Block(s): 145B, 202A, 203, 204, 205, 207A, 207B, 207D, 214, 215, 216, 217, 218, 219, 308, 309, 310, 311, 312, 322, 323, 334, 335 Tract: 9907. Block(s): 405A, 406, 409A, 409B, 410A VTD: 0022 BONNER 714A3 (Part) Tract: 9907. Block(s): 515, 516, 519, 527, 528, 530, 531 Tract: 9910. Block(s): 104, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 201, 202, 301, 302, 303, 306, 307, 308A, 309A Tract: 9911. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 112, 113, 114, 115, 116, 117, 118, 120 VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part) Tract: 9905. Block(s): 501, 502, 503, 504, 505, 506 VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9905. Block(s): 123, 130C, 131F, 131G, 131H, 131J, 139B, 139C, 139D, 402B Commissioner District: 2 CARROLL COUNTY VTD: 0009 SANDHILL (Part) Tract: 9901. Block(s): 430, 431, 432, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449 Tract: 9906. Block(s): 101, 102, 132, 133, 134 Tract: 9907. Block(s): 116, 117, 118, 119, 120, 165, 166, 167, 168, 169, 181A, 183, 184, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 223, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 VTD: 0017 HULETT (Part) Tract: 9907. Block(s): 164, 170, 171, 181B, 182
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VTD: 0018 VILLA RICA CITY VTD: 0019 VILLA RICA COUNTY Commissioner District: 3 CARROLL COUNTY VTD: 0001 TEMPLE 649 VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9906. Block(s): 135, 201, 202B Tract: 9907. Block(s): 318, 319, 320, 439, 440, 441 VTD: 0005 EMC 714B NORTH (Part) Tract: 9905. Block(s): 110, 111B Tract: 9906. Block(s): 112, 113, 114, 115, 116, 117, 120, 121, 122, 123, 124, 125, 128, 129, 130, 136, 137, 138, 139, 140, 141, 202C, 206, 207C, 208, 209, 210, 211, 212 VTD: 0010 CENTERPOINT VTD: 0012 MOUNT ZION VTD: 0015 BOWDEN JUNCTION (Part) Tract: 9903. Block(s): 101, 102, 103, 104, 105A, 105B, 105C, 105D, 106, 107, 108, 109A, 109B, 110, 111, 112, 113, 114A, 114B, 114C, 114D, 116A, 116B, 117A, 117B, 118A, 118B, 119A, 119B, 120A, 120B, 120C, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 184, 185, 187, 189, 190, 192, 193, 194, 195, 196, 197, 221A, 221B, 225, 226, 233A VTD: 0020 WEST SIDE GYM 714A1 (Part) Tract: 9905. Block(s): 101A, 101C, 104A, 105A, 111A, 112, 113A, 124A, 126, 128A, 128B, 129A, 136, 137A, 137B, 205A VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9905.
Page 6596
Block(s): 111D, 113B, 114, 115, 116, 124B, 125, 127, 128C, 129B, 130B, 137C, 138, 205B Commissioner District: 4 CARROLL COUNTY VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9907. Block(s): 185, 186, 187, 221, 222, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 401, 402, 403B, 403C, 403D, 411B, 429B, 429C, 430C, 430D, 430E, 431B, 432B, 433C, 433D, 434, 435B, 435C, 436B, 436C, 603, 604, 605, 606, 607, 608, 609, 610B, 617, 618B, 619C, 620, 625, 626, 627, 628 VTD: 0006 CENTRAL HIGH 714 B SOUTH (Part) Tract: 9910. Block(s): 205B, 206, 207, 208, 310B, 310C, 310D, 310E, 312, 313, 314, 317, 318, 319, 320, 321 Tract: 9911. Block(s): 225B, 228B, 229B, 230B, 230C, 231, 234, 314B, 317B, 501, 502, 507 VTD: 0020 WEST SIDE GYM 714A1 (Part) Tract: 9911. Block(s): 128 VTD: 0021 LAKESHORE RECREATION CENTER 714A2 (Part) Tract: 9906. Block(s): 213, 301, 302, 303, 304, 305, 306, 307, 313, 314, 315, 316, 317, 318, 319, 320, 321, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333 Tract: 9907. Block(s): 403A, 411A, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429A, 430A, 430B, 431A, 432A, 433A, 433B, 435A, 436A, 437, 438, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 517, 518, 520, 521, 522, 523, 524, 525, 532, 533 VTD: 0022 BONNER 714A3 (Part) Tract: 9907. Block(s): 526, 529, 610A, 611, 612, 613, 614, 615, 616, 618A, 619A, 619B
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Tract: 9910. Block(s): 101, 102, 103, 105, 106, 107, 108, 203, 204, 205A, 304, 305, 310A, 311 Tract: 9911. Block(s): 109, 110, 111, 119, 121, 122, 123, 124, 125, 126, 129, 130, 201, 202, 203, 204, 205, 206, 207, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225A, 226, 229A, 230A, 230D, 230E, 235, 236, 237, 238 VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part) Tract: 9905. Block(s): 508, 509, 510, 511, 512, 534, 535, 601A, 606A Tract: 9911. Block(s): 127, 208, 209, 227A, 227B, 228A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 312, 313, 314A, 315A, 315B, 316A, 316B, 317A VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9911. Block(s): 401A VTD: 0025 OAK GROVE CHURCH 715 (Part) Tract: 9907. Block(s): 623 Tract: 9910. Block(s): 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 228, 233, 234, 235, 236, 237, 238 Commissioner District: 5 CARROLL COUNTY VTD: 0002 WHITESBURG 682 VTD: 0003 ROOPVILLE 713 VTD: 0011 LOWELL VTD: 0014 CLEM VTD: 0017 HULETT (Part) Tract: 9907. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154,
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155, 156, 157, 158, 159, 160, 161, 162, 163, 172, 173, 174, 175, 176, 177, 178, 179, 180, 188, 189, 190, 191, 192, 193, 194, 195, 601, 602 Tract: 9908. Block(s): 112, 113, 114, 115, 116, 117, 118, 119 VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9911. Block(s): 503, 504, 505, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529 VTD: 0025 OAK GROVE CHURCH 715 (Part) Tract: 9909. Block(s): 203 Tract: 9910. Block(s): 322, 323, 324, 325, 326, 327, 328, 330, 331 Tract: 9911. Block(s): 232, 233, 506, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 530, 531 Commissioner District: 6 CARROLL COUNTY VTD: 0007 KANSAS VTD: 0008 BOWDEN VTD: 0013 BURWELL VTD: 0016 TYUS VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part) Tract: 9905. Block(s): 513A, 514A, 514B, 515A, 515B, 527A, 528, 529, 530, 531, 532, 533, 602, 603A VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9905. Block(s): 119, 120, 121, 122, 513B, 514C, 515C, 516, 517, 518, 526, 527B, 601B, 603B, 604, 605, 606B, 607, 608, 609, 610, 611 Tract: 9911. Block(s): 311B, 317C, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided
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in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Carroll County which is not included in any commissioner district described in this subsection shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Carroll County which is described in this subsection as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Carroll County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible
Page 6600
under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 session of the General Assembly of Georgia a bill to amend an Act revising and consolidating the laws pertaining to the governing authority of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3549); and for other purposes. This 7th day of February, 1992. s/ Honorable John Simpson, Representative, 70th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles A. Thomas, Jr., who, on oath, deposes and says that he is Representative from the 69th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Georgian, which is the official organ of Carroll County, on the following date: February 11, 1992. /s/ Charles A. Thomas, Jr. Representative, 69th District
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Sworn to and subscribed before me, this 5th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 20, 1992. CUMMING-FORSYTH COUNTY CHARTER COMMISSIONCREATION; REFERENDUM. No. 1278 (House Bill No. 2062). AN ACT To provide for the creation of the Cumming-Forsyth County Charter Commission; to provide for a referendum on appointment of a charter commission; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The General Assembly is authorized to create the Cumming-Forsyth County Charter Commission. None of the members of the Cumming-Forsyth County Charter Commission shall hold elective or appointive public office. 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 three years and registered as an elector to vote in Forsyth County for a period of at least two years prior to his or her appointment. The commission shall be 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 countywide government with powers and jurisdiction throughout the territorial limits of Forsyth County.
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Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Forsyth County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Forsyth County for approval or rejection. The election superintendent shall conduct that election on the date of 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 Forsyth County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which authorizes the General Assembly by local Act to provide for appointment of a charter commission to conduct a study relating to the establishment of a unified government of Cumming-Forsyth 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. The expense of such election shall be borne by Forsyth County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 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 1992 session of the General Assembly of Georgia a bill to provide for the appointment of a Cumming-Forsyth County Unification Charter Commission; to provide for a referendum; and for other purposes. This 28th day of February, 1992. (signed) Bill Barnett 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 Forsyth Forum, which is the official organ of Forsyth County, on the following date: March 4, 1992. /s/ Bill Barnett Representative, 10th District Sworn to and subscribed before me, this 10th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 20, 1992.
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MCDUFFIE COUNTYHOSPITAL AUTHORITY OF MCDUFFIE COUNTY; VACANCIES; TERMS. No. 1279 (House Bill No. 2075). AN ACT To provide for the method of filling vacancies in the membership of the Hospital Authority of McDuffie County; to provide for selection criteria; to provide for terms of office; to provide for limitations; 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 . Appointments to fill vacancies on the board of the Hospital Authority of McDuffie County for either an unexpired or full term shall be made in the following manner: (1) The governing body of the area of operation shall submit a list of three eligible persons to the board of the hospital authority. (2) The board at its next regular meeting shall either select one of the three persons named in such list or decline to select any of the persons named in the list. If the board declines to select any of the persons named on the list, it shall so notify the governing body. (3) Upon receipt of notification that the board has declined to select any of the persons named in the governing body's list, the governing body shall submit a second list of three eligible persons, no one of whom was named on the first list, to the board of the hospital authority. The board at its next regular meeting after receipt of the second list shall select one of the three persons named in the second list. (4) The board shall be composed so as to include a representative cross section of the residents of McDuffie County and shall include one member who shall be the
Page 6605
chief of medical staff of the McDuffie County Hospital and other members who have experience in the areas of finance and business management. Section 2 . Members of the board of the hospital authority shall be appointed for terms of office of four years and until their successors are appointed and qualified. Commencing with terms of office beginning on or after the effective date of this Act, no members shall succeed themselves more than once until after the expiration of four years from the conclusion of their second term of office. Section 3 . This Act is enacted pursuant to the authority of subsection (c) of Code Section 31-7-72 of the O.C.G.A. 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 1992 session of the General Assembly of Georgia a bill to provide for the method of filing vacancies in the membership of the Hospital Authority of McDuffie County; to provide for the authority for this act; and for other purposes. This 21st day of February, 1992 Honorable Bobby Harris Representative, 84th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Harris, who, on oath, deposes and says that he is Representative from the 84th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress, which is the official organ of McDuffie County, on the following date: February 26, 1992.
Page 6606
/s/ Bobby Harris Representative, 84th District Sworn to and subscribed before me, this 10th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 20, 1992. SPALDING COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 1280 (House Bill No. 2109). AN ACT To amend an Act creating the Board of Commissioners of Spalding County, approved February 5, 1873 (Ga. L. 1873, p. 289), as amended, particularly by an Act, approved March 14, 1985 (Ga. L. 1985, p. 3615), so as to redesignate and describe the five single-member commission districts in Spalding County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Board of Commissioners of Spalding County, approved February 5, 1873 (Ga. L. 1873, p. 289), as amended, particularly by an Act, approved March 14, 1985 (Ga. L. 1985, p. 3615), is amended by striking subsection (c) of Section I of said Act in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
Page 6607
(c) Spalding County shall have five single-member commission districts, each of which shall be represented by one member of such board. The respective geographical areas and boundaries of each such district are designated and described as follows: `DISTRICT ONE. Beginning in the City of Griffin at the junction of West Broadway Street with North 9th Street, and thence running east along Broadway Street and thence along Jackson Road to its junction with Hamil Road; thence running northerly along Hamil Road to its junction with East McIntosh Road; thence running northeasterly along East McIntosh Road to its junction with Smoak Road; thence running northerly along Smoak Road to the Norfolk-Southern Railroad; thence running southwesterly along the Norfolk-Southern Railroad line to North 2nd Street Extension; thence running northwesterly along North 2nd Street Extension to its junction with Jordan Hill Road; thence running west, and thence south, along Jordan Hill Road to its junction with Dobbins Mill Road; thence running westerly along Dobbins Mill Road to its intersection with Atlanta Road, also designated as State Highway Route 3; thence running southerly along Atlanta Road to its junction with Experiment Street; thence running southerly along Experiment Street to its junction with Thirteenth Street; thence northeasterly crossing the Central of Georgia Railroad to the Thirteenth Street intersection with West Quilley Street; thence easterly along West Quilley Street to its junction with North Twelfth Street; thence running southeasterly along West Quilley Street to its junction with North Ninth Street; thence southerly along North Ninth Street to its intersection with West Broadway; being the point of beginning. DISTRICT TWO. Beginning in the City of Griffin at the junction of West Broadway Street with North Ninth Street, and thence running east along West Broadway Street; thence East Broadway Street to its junction with Searcy Avenue; thence south to its junction with High Falls Road; thence running easterly along High Falls Road to its junction with Eastbrook Avenue; thence westerly along Summit Street; thence along Rehobeth Road to its junction with Searcy Avenue; then northwesterly along Searcy Avenue and the city
Page 6608
limits line; thence running westerly along the city limits line to its junction with Hamilton Boulevard; thence running southwesterly along Hamilton Boulevard to its junction with Sunnybrook Drive; thence running southerly on Sunnybrook Drive to its junction with Powell Avenue; thence running southwesterly along Powell Avenue to its junction with Bieze Street; thence running northwesterly along Bieze Street to its intersection with Kincaid Avenue; thence running southwesterly along Kincaid Avenue to its intersection with Springer Drive and its junction with Crescent Road; thence continuing southwesterly and westerly along Crescent Road to its intersection with South Hill Street, being also State Highway Route 3; thence southwesterly along South Hill Street to the city limits line; thence southwesterly along the Zebulon Road to its junction with Wesley Avenue; thence northerly along Wesley Avenue to its junction with Brashier Street; thence running westerly along Brashier Street to its junction with Everee Inn Road; thence running southerly along Everee Inn Road to its junction with Odell Road; thence running westerly on Odell Road to its intersection with the Griffin-Barnesville By-Pass, being also U.S. Highways 19 and 41; thence running northerly along the said Griffin-Barnesville By-Pass to its intersection with Meriwether Street; thence running northeasterly along Meriwether Street; thence running northerly along the city limits line; thence westerly along the city limits line to its junction with Boyds Row; thence northeasterly along Boyds Row to the intersection of Hammond Drive; thence running northerly on Hammond Drive to its crossing of West Taylor Street; thence running northerly along North Expressway to its intersection with Lyndon Avenue; thence running easterly along Lyndon Avenue to its intersection with Experiment Street; thence running southeasterly along Experiment Street to its junction with Thirteenth Street; thence northeasterly crossing the Central of Georgia Railroad to the Thirteenth Street intersection with West Quilley Street; thence easterly along West Quilley Street to its junction with North Twelfth Street; thence running southeasterly along West Quilley Street to its junction with North Ninth Street; thence running southerly along North Ninth Street to its intersection with West Broadway, being the aforesaid beginning point.
Page 6609
DISTRICT THREE. Beginning at the intersection of The Arthur Bolton Parkway, being Georgia State Highway Route 721, in Spalding County with the Butts County boundary line, and thence running from said beginning point westerly along The Arthur Bolton Parkway to its junction with High Falls Road; thence westerly along High Falls Road to its junction with Eastbrook Avenue; thence southerly along Eastbrook Avenue; thence westerly along Summit Street; thence along Rehobeth Road to its junction with Searcy Avenue and the city limits line; thence westerly along the city limits line to its junction with Hamilton Boulevard; thence southwesterly along Hamilton Boulevard to its junction with Sunnybrook Drive; thence southerly along Sunnybrook Drive to its junction with Powell Avenue; thence running southwesterly along Powell Avenue to its junction with Bieze Street; thence running northwesterly along Bieze Street to its intersection with Kincaid Avenue; thence southwesterly along Kincaid Avenue to its intersection with Springer Drive and its junction with Crescent Road; thence continuing southwesterly along Crescent Road to its junction with Georgia State Highway Route 3 (South Hill Street); thence southerly along Georgia State Highway Route 3 (being South Hill Street, thence Zebulon Road) to its junction with Wesley Avenue; thence northerly along Wesley Avenue to its junction with Brashier Street; thence westerly along Brashier Street to its junction with Everee Inn Road; thence southerly along Everee Inn Road to its junction with Odell Road; thence westerly along Odell Road to its intersection with the Griffin-Barnesville By-Pass, being also U.S. Highways (Business Routes) 19 and 41, and also Georgia State Highway Route 7; thence northerly along said Griffin-Barnesville By-Pass to its intersection with Williamson Road, being State Highway Route 362; thence southwesterly along the Williamson Road to its intersection with the Pike County boundary line; thence easterly along the Pike County boundary line to the Lamar County boundary line; thence easterly along the Lamar County boundary line to the Butts County boundary line; thence northerly along the Butts County boundary line to its intersection with The Arthur Bolton Parkway, Georgia State Highway Route 721, the point of beginning.
Page 6610
DISTRICT FOUR. Beginning at the intersection of the Williamson Road, being Georgia State Highway Route 362, in Spalding County with the Pike County boundary line; thence northeasterly along the Williamson Road to its intersection with the Griffin-Barnesville By-Pass, being U.S. Highways (Business Routes) 19 and 41, and being Georgia State Highway Route 7, to its intersection with Meriwether Street; thence northeasterly along Meriwether; thence running northerly along the city limits line; thence westerly to its junction with Boyds Row; thence northeasterly along Boyds Row to its intersection with Hammond Drive; thence northerly along Hammong Drive to its crossing of West Taylor Street, being Georgia State Highway Route 16, and its junction with the Griffin-Atlanta Expressway, being Georgia State Highway Route 3; thence northerly along North Expressway to its intersection with Lyndon Avenue; thence easterly along Lyndon Avenue to its intersection with Experiment Street; thence northwesterly along Experiment Street to its intersection with Atlanta Road, being the Old Dixie Highway; thence northeasterly along Atlanta Road to its intersection with Vineyard Road; thence westerly along Vineyard Road to its intersection with the Fayetteville Road, being Georgia State Highway Route 92; thence northwesterly along the Fayetteville Road to the Flint River, being the easterly boundary line of Fayette County; thence southwesterly, along the center line of Flint River, to the southerly boundary line of Fayette County; thence westerly along the southerly boundary line of Fayette County to Line Creek; thence southerly along the center line of Line Creek (being along the easterly boundary line of Coweta County) thence the easterly boundary line of Meriwether County to the Flint River and the northeasterly boundary line of Pike County; thence northeasterly along the northerly boundary line of Pike County to its intersection with the Williamson Road, being Georgia State Highway Route 362, the point of beginning. DISTRICT FIVE. Beginning at the intersection of The Arthur Bolton Parkway, being Georgia State Highway Route 721, in Spalding County with the Butts County boundary line, and thence running from said beginning point westerly along The Arthur Bolton Parkway to its junction with High
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Falls Road; thence westerly on High Falls Road to its intersection with Searcy Avenue; thence northerly on Searcy Avenue to its intersection with Jackson Road, being Georgia State Highway Route 155; thence northeasterly along the Jackson Road; thence northeasterly along the Jackson Road, being Georgia State Highway Route 155, to its junction with Hamil Road; thence northerly on Hamil Road to its junction with East McIntosh Road; thence northeasterly along Smoak Road to its junction with the Norfolk-Southern Railroad; thence southwesterly along the Norfolk-Southern Railroad to its intersection with North 2nd Street Extension; thence northwesterly along North 2nd Street Extension to its junction with Jordan Hill Road; thence westerly along Jordan Hill Road, and thence continuing southerly along Jordan Hill Road to its junction with Dobbins Mill Road; thence westerly along Dobbins Mill Road to its junction with Vineyard Road; thence westerly along Vineyard Road to its junction with Fayetteville Road, being Georgia State Highway Route 92; thence northwesterly on Fayetteville Road, and thence due west to the Flint River, being the Fayette County boundary line; thence northerly along the Fayette County boundary line to its junction with the southerly boundary line of Clayton County; thence easterly along the southerly boundary line of Clayton County, thence easterly along the southerly boundary line of Henry County to the Butts County boundary line; thence southwesterly along the Butts County boundary line of its intersection with The Arthur Bolton Parkway, the point of beginning.' Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney for the County of Spalding to submit this Act to the United States Attorney General for approval. If, as of April 27, 1992, the first date upon which the candidates may begin qualifying for the 1992 general primary in the State of Georgia, implementation of this Act is not permissible under the above-mentioned federal Voting Rights Act of 1965, as amended, then, and in such event, this Act shall be null and void and shall stand repealed in its entirety. However, in the event the county attorney is able to obtain approval of this Act by the United States Attorney General on or before April 27, 1992, this Act shall become
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effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . Upon this Act becoming effective, as hereinbefore provided, 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 1992 Session of the General Assembly of Georgia a Bill to amend an Act, approved February 20, 1935, so as to change the areas and boundaries of the five single-member commission districts in Spalding County; to repeal conflicting laws and for other purposes. This 17th day of February, 1992. Maureen C. Jackson, as Clerk of Board of Commissioners of Spalding 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 Griffin Daily News, which is the official organ of Spalding County, on the following date: February 21, 1992. /s/ Crisp B. Flynt Representative, 75th District
Page 6613
Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 20, 1992. COFFEE COUNTYBOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS. No. 1281 (House Bill No. 2137). AN ACT To amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 2773), and an Act approved February 17, 1960 (Ga. L. 1960, p. 2147), so as to change and reapportion the commissioner districts; to provide for definitions and inclusions; to provide that members of the board shall complete the terms for which they were elected; to provide for related matters; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to invalidate certain certifications of political party candidates and certain notices of candidacy in the event of a certain contingency; to provide for a special primary, run-off election, and election; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly
Page 6614
by an Act approved February 21, 1951 (Ga. L. 1951, p. 2773), and an Act approved February 17, 1960 (Ga. L. 1960, p. 2147), is amended by striking Sections 1, 2, 3, and 4 in their entirety and inserting new sections to read as follows: Section 1. (a) The board of commissioners of Coffee County shall be composed of five members. (b) For purposes of electing the members of the board of commissioners, Coffee County shall be divided into five commissioner districts as follows: Commissioner District: 1 COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9907. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 219, 220, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 239, 240, 241, 242, 243, 244, 245, 253, 254 Tract: 9908. Block(s): 112A, 114A, 123A, 124A, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 201A, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 401, 402, 403A, 403B, 403C, 404, 405A, 405B, 405C, 406, 407, 408, 409, 410 Commissioner District: 2 COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9901.
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Block(s): 389 Tract: 9902. Block(s): 213, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282 Tract: 9904. Block(s): 201, 202, 203, 204A, 204B, 205, 235 Tract: 9908. Block(s): 122, 136, 137, 501, 502, 503, 504, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570 VTD: 0004 BROXTON (Part) Tract: 9901. Block(s): 301, 302, 303, 304, 335B, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348B, 349B, 380B, 382B, 383, 384, 385, 386, 387, 388 Tract: 9902. Block(s): 111, 112, 113, 116, 205, 206, 207, 208, 209, 210, 211, 212, 214, 215, 216, 217 VTD: 0005 NICHOLLS VTD: 0006 WEST GREEN Commissioner District: 3 COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9905. Block(s): 135A, 136, 137, 138, 139, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 325, 329, 330, 332, 333, 334, 335, 336, 337A, 338A, 338B, 339A, 339B, 340A, 340B, 341, 342, 343, 344, 345, 346A, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367 Tract: 9906. Block(s): 301, 303, 330, 333, 334, 335, 336, 337, 338, 339
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Tract: 9907. Block(s): 201, 202, 203, 204, 205, 206, 207A, 207B, 208, 209, 210, 211, 212, 213A, 213B, 214, 215, 216, 217, 218, 221, 236, 237, 238, 246, 247, 248, 249, 250, 251, 252, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 301A, 301B, 302, 303A, 303B, 304A, 304B, 305, 306, 307, 308, 309A, 309B, 310, 311, 312, 313, 314A, 314B, 315A, 315B, 316, 317, 318A, 318B, 318C, 319, 320, 321, 322A, 322B, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361 Tract: 9908. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 114B, 115, 116, 117, 118, 119, 120, 121, 123B, 124B, 134B, 135, 411, 412, 413, 414, 415, 416, 505, 506, 507, 508 VTD: 0002 AMBROSE (Part) Tract: 9906. Block(s): 302, 304, 305, 306, 326, 327, 328, 329, 331, 332 VTD: 0003 BRIDGETOWN (Part) Tract: 9906. Block(s): 363, 364, 365, 366, 367, 368, 369, 370, 371, 372 Commissioner District: 4 COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9904. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169A, 169B, 170, 171, 172, 173, 174, 175, 176, 206A, 206B, 207A, 207B, 208A, 208B, 209A, 209B, 209C, 210, 211, 212, 213, 214, 215, 216, 217,
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218, 219, 220, 221A, 221B, 222, 223A, 223B, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430 Tract: 9905. Block(s): 124, 125, 126A, 129, 130, 131, 132A, 132B, 133, 134, 135B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 337B, 346B Tract: 9908. Block(s): 109, 110, 111, 112B, 113, 201B, 204, 205, 206, 207, 301, 302, 303, 304, 305, 306, 307, 308 Commissioner District: 5 COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9901. Block(s): 272, 273 Tract: 9905. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 126B, 127, 128, 140, 141, 301, 302, 303, 304, 305, 306, 307, 308, 309, 321, 322, 323, 324, 326, 327, 328, 331, 368, 369 Tract: 9906. Block(s): 162, 236, 237, 238, 249, 250, 251, 295, 296, 297 VTD: 0002 AMBROSE (Part) Tract: 9901. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223,
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224, 225 Tract: 9906. Block(s): 101, 102, 103, 104, 105, 106A, 106B, 107, 108, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138A, 138B, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 163, 164, 165, 166, 167A, 167B, 167C, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180A, 180B, 181, 182, 183, 184, 185, 186, 187, 188A, 188B, 189, 190A, 190B, 191A, 191B, 192A, 192B, 193, 194A, 194B, 195A, 195B, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 322, 323, 324, 325, 373, 374 VTD: 0003 BRIDGETOWN (Part) Tract: 9906. Block(s): 318, 319, 320, 321, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362 VTD: 0004 BROXTON (Part) Tract: 9901. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194A, 194B, 195, 196, 197,
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201A, 201B, 202, 203, 204, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 256A, 256B, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 274, 275, 276, 277, 278, 279, 280, 281, 282, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333, 334, 335A, 348A, 349A, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368A, 368B, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380A, 381, 382A (c) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event of any change in the bounds of a precinct or in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Coffee County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous
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to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Coffee County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2. (a) Each member of the board of commissioners must be a resident of the commissioner district which the member represents during the member's entire term of office and at the time of such member's election must have been a resident of the territory embraced within such commissioner district for at least one year. In the event a member of the board of commissioners moves such member's residence from the commissioner district such member represents during the member's term of office, such office immediately shall become vacant. (b) Each person offering for election as a member of the board shall specify the commissioner district for which the person is offering, and each member of the board shall be elected only by the voters within each respective commissioner district. (c) Members of the board shall be elected for terms of four years and until their successors are duly elected and qualified. (d) Unless a vacancy in office occurs because a member of the board moves his or her residence from the district or for any other reason as provided by law, the members of the board of commissioners of Coffee County shall complete the terms of office for which they were elected and serve until their successors are elected and qualified, notwithstanding the changes in commissioner districts based on the 1990 census
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in this amendatory Act. The terms of members of the board shall be as follows: (1) Effective January 1, 1993, the members representing Commissioner Districts 1 and 3 shall be the members of the board who formerly represented Commissioner Districts 1 and 3 and who were elected at the general election of 1990 in accordance with NAACP Branch of Coffee County, et al. v. John Moore, etc., et al. , Civil Action No. 577-25 in the United States District Court for the Southern District of Georgia, or who were elected to fill a vacancy created by any of such members. Said members so elected shall complete the terms of office to which they were elected, which shall expire on December 31, 1994. Their successors shall be elected at the general election of 1994 and shall take office on January 1, 1995, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified; and (2) Candidates to represent Commissioner Districts 2, 4, and 5 shall be nominated at a special primary to be held on the date of and in conjunction with the general primary election in 1992. Members to represent such commissioner districts shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for terms of four years and until their successors are elected and qualified, and shall take office on January 1, 1993. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Coffee County shall conduct a special primary election on the
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date of and in conjunction with the general primary election in 1992, after issuing the call for such special primary election as provided by law. If necessary, a special primary run-off election shall be held as provided by law. The election superintendent shall conduct a special election on the date of and in conjunction with the general election in November, 1992, after issuing the call for such special election as provided by law. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Coffee County board of commissioners to submit this Act to the United States Attorney General for approval. If, as of June 15, 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. If implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, on or before June 15, 1992, the following shall be void: (1) the certification of political party candidates who qualified for party nomination for the office of member of the board in the general primary; (2) notices of candidacy for the office of member of the board in the general election; and (3) notices of intention of candidacy for the office of member of the board by write-in candidates. Only candidates who have been certified by a political party as qualified for party nomination for the office of member of the board in the special primary shall be eligible to run in the special primary. Only candidates nominated for the office of member of the board in the special primary, candidates who have filed notices of candidacy for the office of member of the board in the special election, and write-in candidates for whom notice of intent of candidacy for the office of member of the board has been given shall be eligible to run in the special election for the office of member of the board. Section 4 . Provisions of this Act reasonably necessary to elect members of the board of commissioners of Coffee County in 1992 shall become effective upon approval of the Act by the Governor or upon its becoming law without such approval. All other provisions of this Act shall become effective January 1, 1993.
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Section 5 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to change the commissioner districts of the Board of Commissioners of Coffee County, Georgia and for other purposes. This the 9th day of March, 1992. Honorable Van Streat, Sr., Representative, 139th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Van Streat, Sr., who, on oath, deposes and says that he is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas Enterprise, which is the official organ of Coffee County, on the following date: March 11, 1992. /s/ Van Streat, Sr. Representative, 139th District Sworn to and subscribed before me, this 18th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 20, 1992.
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DEKALB COUNTYHOMESTEAD EXEMPTIONS; SCHOOL DISTRICT TAXES; REFERENDUM. No. 1282 (House Bill No. 2148). AN ACT To amend an Act providing that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income together with the net income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes in the amount of $14,000.00 of the value of the homestead of such resident, approved March 24, 1988 (Ga. L. 1988, p. 4160), so as to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district; to provide for annual adjustments; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of a certain prior homestead exemption; to provide for applicability; 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 . An Act providing that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income together with the net income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes in the amount of $14,000.00 of the value of the homestead of such resident, approved March 24, 1988 (Ga. L. 1988, p. 4160), is amended by adding a new section immediately following Section 1, to be designated Section 1A, to read as follows:
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Section 1A. (a) For purposes of this section, 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 DeKalb County School District, except for taxes to retire school bond indebtedness and taxes for fire protection services. (2) `Homestead' means homestead as defined and qualified in Code Section 48-5-40. (b) Each resident of the DeKalb County School District is granted an exemption on that person's homestead from all DeKalb County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead. For all taxable years beginning on or after January 1, 1995, the amount of such homestead exemption shall be adjusted annually by the tax commissioner of DeKalb County in a percentage amount equal to the most recently available federal Social Security Cost of Living Adjustment percentage. (c) The tax commissioner of DeKalb County or the designee thereof shall provide application forms for the exemption granted by this section and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (d) 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 section to notify the tax commissioner of DeKalb County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1, 1993, has applied for and is eligible for the $10,000.00 homestead exemption from DeKalb County and DeKalb County school district ad valorem taxes provided by a local constitutional amendment found at Ga. L. 1982, p. 2657, shall be eligible for the exemption
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granted under this section without further application if that person has applied for and been eligible for the immediately preceding year for such exemption. (e) The exemption granted by this section shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. The homestead exemption granted by this section shall be in lieu of and not in addition to any other homestead exemption applicable to DeKalb County School District ad valorem taxes for educational purposes. (f) If this section is approved in the referendum provided for in Section 2 of this Act, that local constitutional amendment providing a $10,000.00 homestead exemption from DeKalb County and DeKalb County school district ad valorem taxes, Resolution Act No. 178; House Resolution No. 789; Ga. L. 1982, p. 2657, which local constitutional amendment was continued in force and effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution, is repealed effective at the last moment of December 31, 1992; provided, however, that such repeal shall only become effective if an Act providing for a $10,000.00 homestead exemption from DeKalb County ad valorem taxes for county purposes is also approved in a referendum conducted on the date of and in conjunction with the November, 1992, statewide general election. (g) The exemption granted by this section shall apply to all taxable years beginning on or after January 1, 1994. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the DeKalb County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 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
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thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district, which provides for annual adjustments, and which repeals the existing $10,000.00 homestead exemptions from DeKalb County and DeKalb County school district ad valorem taxes? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of 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 shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1994. If Section 1 of this 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 that election date. The expense of such election shall be borne by DeKalb County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3 . 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.
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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend an Act providing that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income together with the net income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County School district ad valorem taxes in the amount of $14,000.00 of the value of the homestead of such resident, approved March 24, 1968 (Ga. L. 1968, p. 4160); and for other purposes. This 5th day of March, 1992. Honorable Tommy Tolbert Representative, 58th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Sherrill, who, on oath, deposes and says that he is Representative from the 47th 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: March 12, 1992. /s/ Tom Sherrill Representative, 47th District
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Sworn to and subscribed before me, this 12th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 20, 1992. MUSCOGEE COUNTYBOARD OF EDUCATION; COMPOSITION; QUALIFICATIONS; DISTRICTS; TERMS; ELECTIONS; VACANCIES; COMPENSATION; TAXES; REFERENDUM. No. 1283 (House Bill No. 2153). AN ACT To amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, so as to provide for the composition of the Muscogee County Board of Education; to provide for qualifications for the members of the board; to provide for education districts; to provide for definitions and inclusions; to provide for the nonpartisan nomination and election of members of the board; to provide for terms of office; to provide for vacancies; to provide for the compensation of members; to provide for the election of a chairman and vice chairman; to provide for the duties of the chairman and vice chairman; to change the provisions relating to the determination of the tax levy for the support and maintenance of public education in the Muscogee County School District; to change procedures relating to such tax levy; to provide for submission of this Act to the United States Attorney General; to provide for when this Act shall be void and repealed; 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.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, is amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. (a) The terms of office of members of the Muscogee County Board of Education serving on August 31, 1993, shall expire on that date. (b) On and after September 1, 1993, the Muscogee County Board of Education, hereafter in this Act referred to as the `board' or `board of education' shall be composed of nine members, two of whom shall be elected from each of the four education districts provided for in subsection (d) of this section and which shall be designated as Posts 1 and 2 of each education district. One member shall be elected from the school district at large. The board shall be elected as provided in this section and shall succeed to all the powers, duties, and obligations of the Muscogee County Board of Education existing on August 31, 1993. (c) (1) No person shall be eligible to serve as a member of the board if the person: (A) Holds any other public office for which compensation is paid, other than the office of notary public; (B) Is employed by or serves on the governing body of a private educational institution; provided, however, this subparagraph shall not apply to private educational institutions above the high school level; (C) Is employed by the Muscogee County Board of Education; or
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(D) Is employed by the State Board of Education or the State Department of Education. (2) All members of the board shall be at least 21 years of age upon taking office and shall be qualified electors of the Muscogee County School District. Each member shall be a resident of the education district which that member represents and shall have resided in that education district for at least six months immediately preceding the date of that member's election therefrom. If, during the term of office, any member ceases to be a resident of the education district the member was elected to represent, the member's position on the board shall thereby become vacant. Each member of the board shall be elected by a majority of the voters voting within the respective education district which the member represents. All members of the board shall be nominated and elected in nonpartisan primaries and elections as provided in this section. (d) For the purpose of electing the members of the board, the Muscogee County School District shall be divided into four education districts as follows: Education District 1 Beginning at a point where an extension of the center line of 17th Street intersects the west bank of the Chattahoochee River; thence running southwesterly down stream following the meanderings of the west bank of the Chattahoochee to a point where said west bank of the Chattahoochee River is intersected by an extension of the center line of the Upatoi Creek (said line being the Muscogee County and Chattahoochee County boundary line); thence following the Upatoi Creek meanderings to the point of intersection of the United States Military Reservation boundary line with the intersection of the center line of Upatoi Creek; thence running northerly along the United States Military Reservation boundary line to a point where said boundary line turns east; thence running southeasterly along the boundary line of the United States Military Reservation to a point where said boundary line turns north; thence running north along the
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boundary of the United States Military Reservation to a point where said line intersects with the center line of Cusseta Road; thence running easterly along the boundary line of the United States Military Reservation to the intersection of the center line of Tiger Creek; thence running northerly along the center line of Tiger Creek to its intersection with the center line of St. Marys Road; thence running northwesterly along the center line of St. Marys Road to its point of intersection with the center line of Buena Vista Road; thence running northwesterly along the center line of Buena Vista Road to its point of intersection with the center line of the Central of Georgia Railroad; thence running southwesterly along the center line of the Central of Georgia Railroad to its point of intersection with the center line of Brown Avenue; thence running northerly along the center line of Brown Avenue to its point of intersection with the center line of Wynnton Road (which becomes Macon Road); thence running northeasterly along the center line of Macon Road to its intersection with the center line of Dell Drive; thence running northwesterly along the center line of Dell Drive until the center line of Dell Drive intersects with the center line of 17th Street; thence running westerly along the center line of 17th Street until the center line of 17th Street intersects with the center line of Cherokee Avenue; thence running southerly along the center line of Cherokee Avenue until the center line of Cherokee Avenue intersects with the center line of 13th Street; thence running westerly along the center line of 13th Street until the center line of 13th Street intersects with the center line of 18th Avenue; thence running southerly along the center line of 18th Avenue to its point of intersection with the center line of Wynnton Road; thence running westerly along the center line of Wynnton Road to its point of intersection with the center line of Buena Vista Road; thence running northwesterly along the center line of Buena Vista Road to its point of intersection with the center line of 13th Avenue; thence running northerly along the center line of 13th Avenue to its intersection with the center line of Midway Drive; thence running southwesterly along the center line of Midway Drive to its point of intersection with the center line of 12th Street; thence running westerly along the center line of 12th Street to its point of intersection with the center line of 10th Avenue; thence running
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northerly along the center line of 10th Avenue to its point of intersection with the center line of 13th Street; thence running westerly along the center line of 13th Street to its point of intersection with the center line of 6th Avenue; thence running northerly along the center line of 6th Avenue to a point where a northerly extension of the center line of 6th Avenue intersects the center line of the Southern Railroad; thence running northwesterly along the center line of the Southern Railroad to a point where the center line of the Southern Railroad intersects with the center line of 4th Avenue; thence running northerly along the center line of 4th Avenue to its point of intersection with the center line of 17th Street; thence running westerly along the center line of 17th Street extended to a point which is the point of beginning. Education District 2 Beginning at a point where the center line of St. Marys Road intersects with the center line of Tiger Creek; thence running northwesterly along St. Marys Road to its intersection with the center line of Buena Vista Road; thence running northwesterly along the center line of Buena Vista Road to the center line of the Central of Georgia Railroad; thence running southwesterly along the center line of the Central of Georgia Railroad to a point where the center line of the Central of Georgia Railroad intersects with the center line of Brown Avenue; thence running northerly along the center line of Brown Avenue to a point where the center line of Brown Avenue intersects with the center line of Wynnton Road (which becomes Macon Road); thence running northeasterly along the center line of Macon Road to a point where the center line of Macon Road intersects with the center line of Interstate-185 (formerly the Lindsey Creek Bypass); thence running southeasterly along the center line of Interstate-185 (formerly the Lindsey Creek Bypass) to a point where the center line of Interstate-185 (formerly the Lindsey Creek Bypass) intersects with the center line of Central of Georgia Railroad; thence running northeasterly along the center line of Central of Georgia Railroad to a point where the center line of Central of Georgia Railroad intersects with the center line of Forest Road; thence running
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southeasterly along the the center line of Forest Road to a point where the center line of Forest Road intersects with the center line of the Bull Creek; thence running along the center line of the Bull Creek along its meanderings in a northeasterly direction until it intersects with the boundary line of the United States Military Reservation; thence running southerly along the boundary line of the Military Reservation to a point where said line turns east; thence running easterly along the boundary line of the United States Military Reservation to a point where the boundary line of the Military Reservation turns south; thence running southerly along the boundary line of the United States Military Reservation to a point where the boundary line of the United States Military Reservation turns west; thence running westerly along the boundary line of the United States Military Reservation to a point where the boundary line of the United States Military Reservation turns south; thence running southerly along the boundary line of the United States Military Reservation to a point where the boundary line of the United States Military Reservation turns west; thence running westerly along the boundary line of the United States Military Reservation to a point where the boundary line of the United States Military Reservation turns south; thence running southerly along the boundary line of the United States Military Reservation to a point where the boundary line of the United States Military Reservation turns east; thence running easterly along the boundary line of the United States Military Reservation to a point where the boundary line of the United States Military Reservation meets the center line of Tiger Creek; thence running southerly along the center line of Tiger Creek to a point where the center line of Tiger Creek intersects the center line of St. Marys Road which is the point of beginning. Education District 3 Beginning at the point of intersection of the center line of the Central of Georgia Railroad with the center line of Interstate-185 (formerly the Lindsey Creek Bypass); thence running northeasterly along the center line of Central of Georgia Railroad to its intersection with the center line of Forest Road; thence running southeasterly along the center
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line of Forest Road to a point where the center line of Forest Road intersects with the center line of the Bull Creek; thence running northeasterly along the meanderings of the Bull Creek to a point where the center line of Bull Creek intersects with the boundary line of the United States Military Reservation; thence running generally in a northerly and northeasterly direction along the boundary line of the United States Military Reservation and then easterly along the boundary line of the United States Military Reservation to the Muscogee County and Talbot Count line; thence following the Muscogee County line along its boundary with the Talbot County line to a point where the Muscogee County line meets the Harris County line; thence running westerly along the Muscogee County line to a point where the Muscogee County line turns north; thence running northerly along the Muscogee County line to a point where the Muscogee County line turns west; thence running westerly along the Muscogee County line to a point where the Muscogee County line intersects with the center line of Hamilton Road; thence running southerly and southwesterly along the center line of Hamilton Road (which becomes the Beallwood Connector) to a point where the center line of the Beallwood Connector intersects the center line of Airport Thruway; thence running easterly along the center line of Airport Thruway to a point where the center line of Airport Thruway intersects with the center line of Interstate-185 (formerly the Lindsey Creek Bypass); thence running southeasterly along the center line of the Interstate-185 (formerly the Lindsey Creek Bypass) to a point where the center line of Interstate-185 (formerly the Lindsey Creek Bypass) intersects with the center line of the Central of Georgia Railroad which is the point of beginning. Education District 4 Beginning at a point where the center line of Interstate-185 (formerly the Lindsey Creek Bypass) intersects with the center line of Macon Road; thence running along the center line of Macon Road in a southwesterly direction to a point where the center line of Macon Road intersects with the center line of Dell Drive; thence running northwesterly along the center line of Dell Drive to a point where the
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center line of Dell Drive intersects with the center line of 17th Street; thence running westerly along the center line of 17th Street to a point where the center line of 17th Street intersects with the center line of Cherokee Avenue; thence running southerly along the center line of Cherokee Avenue to a point where the center line of Cherokee Avenue intersects with the center line of 13th Street; thence running westerly along the center line of 13th Street to a point where the center line of 13th Street intersects with the center line of 18th Avenue; thence running southerly along the center line of 18th Avenue to a point where the center line of 18th Avenue intersects with the center line of Wynnton Road; thence running westerly along the center line of Wynnton Road to a point where the center line of Wynnton Road intersects with the center line of Buena Vista Road; thence running northwesterly along the center line of Buena Vista Road to its point of intersection with the center line of 13th Avenue; thence running northerly along the center line of 13th Avenue to its intersection with the center line of Midway Drive; thence running southwesterly along the center line of Midway Drive to a point where the center line of Midway Drive intersects with the center line of 12th Street; thence running westerly along the center line of 12th Street to a point where the center line of 12th Street intersects with the center line of 10th Avenue; thence running northerly along the center line of 10th Avenue to a point where the center line of 10th Avenue intersects with the center line of 13th Street; thence running westerly along the center line of 13th Street to a point where the center line of 13th Street intersects with the center line of 6th Avenue; thence running northerly along the center line of 6th Avenue to a point where a northerly extension of 6th Avenue would intersect with the center line of the Southern Railroad; thence running northwesterly along the center line of the Southern Railroad to a point where the center line of the Southern Railroad intersects with the center line of 4th Avenue; thence northerly along the center line of 4th Avenue to a point where the center line of 4th Avenue intersects with the center line of 17th Street; thence running westerly along the center line of 17th Street to a point where an extension of the center line of 17th Street intersects with the west bank of the Chattahoochee River; thence running northwesterly
Page 6637
following the meanderings of the west bank of the Chattahoochee River to a point which is the Muscogee County and Harris County boundary lines; thence running easterly along the Muscogee County line to a point where the boundary line of Muscogee County and Harris County intersects with the center line of Hamilton Road; thence running southerly and southwesterly along the center line of Hamilton Road (which becomes the Beallwood Connector) to a point where the Beallwood Connector intersects with the center line of the Airport Thruway; thence running easterly along the center line of the Airport Thruway to a point where the center line of the Airport Thruway intersects the center line of Interstate-185 (formerly the Lindsey Creek Bypass); thence running southeasterly along the center line of Interstate-185 (formerly the Lindsey Creek Bypass) to a point where the center line of Interstate-185 (formerly the Lindsey Creek Bypass) intersects with the center line of Macon Road which is the point of beginning. For purposes of this subsection: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
Page 6638
(4) Any part of Muscogee County which is not included in any education district described in this subsection shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Muscogee County which is described in this subsection as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (e) The first members nominated and elected in nonpartisan primaries and elections from Education Districts 1 and 3, Posts 1 and 2, respectively, shall be nominated and elected in a special election held in June, 1993, and shall take office on the first day of September, 1993, to serve for initial terms of two years and until their respective successors are elected and qualified. The first members nominated and elected in nonpartisan primaries and elections from Education Districts 2 and 4, Posts 1 and 2, respectively, and the member elected from the school district at large shall be nominated and elected in a special election to be held in June, 1993, and shall take office on the first day of September, 1993, to serve for initial terms of four years and until their respective successors are elected and qualified. Successors to the first members of the board elected as provided in this subsection and future successors shall be nominated and elected at nonpartisan primaries and elections held immediately preceding the expiration of their respective terms of office and shall take office the first day of January immediately following that election for terms of four years each and until their respective successors are elected and qualified. (f) The nonpartisan primaries and elections provided for in subsection (e) of this section for the successors to the first members elected under this Act shall be held on the
Page 6639
same dates as the general state-wide primary and election conducted in 1994 and 1996, and, thereafter, on the same dates as the general state-wide primary and election conducted immediately prior to the expiration of the respective terms of office. Members of the board of education shall be nominated and elected at said nonpartisan primaries and elections under the same procedures which are applicable to the nonpartisan nomination and election of judges of state courts as provided in the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' (g) (1) In the event of a vacancy in the office of a member when the remaining term of office is six months or more, the vacancy shall be filled in a special election. A special election to fill a vacancy shall be held only in the education district in which the vacancy occurs. Any such special election shall be nonpartisan and no party affiliation of any candidate in any such special election shall be shown on the ballot. If the remaining term of office is less than six months, the remaining members of the board shall appoint a qualified resident of the education district in which the vacancy occurs to serve for the unexpired term. (2) The election superintendent of Muscogee County shall issue the call for a special election to fill a vacancy as required by this subsection. The call for a special election shall be issued within 30 days after the existence of a vacancy has been established. A special election to fill vacancies shall be held and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.' (h) Each member of the board shall be compensated in the amount of $500.00 per month plus reimbursement for actual and necessary expenses authorized by the board and incurred in the performance of the member's duties outside the county. Absence by a member of said board for three consecutive meetings shall be held to be a resignation from the board, but such absence may be excused by resolution adopted by a majority of the board.
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(i) Each member of the board upon assuming office shall take an oath to perform faithfully the duties of the member's office. (j) The board shall hold regular monthly meetings, except during June, July, and August of each year, on a date to be fixed by said board. The board may hold special meetings upon two days' written notice to its members. At all meetings a majority of the entire membership of said board shall constitute a quorum for the transaction of business. Section 2 . Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. (a) The members of the board shall, at their first meeting in January of each year, elect from their own membership a chairman and a vice chairman of said board to serve for terms of office of one year. The vice chairman shall serve in the absence of the chairman. The vice chairman shall become the chairman for the remainder of the term of office of the chairman if a vacancy occurs in the office of the member elected as chairman. A member of the board may be reelected as chairman or vice chairman. (b) It shall be the duty of the chairman to act as presiding officer at all meetings of the board, and the chairman shall be recognized as the ceremonial head of the Muscogee County Board of Education. The chairman shall have such administrative duties as authorized by the board. In addition, it shall be the duty of the chairman to preserve order and decorum at all meetings of the board, to state every question coming before the board, to announce the decision of the board on all subjects, and to decide all questions of order; subject, however, to an appeal to the board, in which event a majority vote of the board shall govern and conclusively determine such question of the order. The chairman shall have the right to vote on any matter coming before the board. (c) (1) The board shall select in January of each year a secretary and a treasurer. If the secretary or treasurer
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is a person other than a member of the board, such person shall be paid such salary as the board deems proper. (2) It shall be the duty of the secretary to attend all regular and special meetings of the board, keep minutes of such meetings, be the custodian of all books and records of the board, keep and use the official seal of the board, and perform such other duties as may be required by the board. (3) The treasurer shall be the custodian of all funds of the school system and of the board. The treasurer shall be required to give bond with corporate surety in such form and in such amount and with such surety company as security as will, in the opinion of the board, protect as fully as possible funds and property of the board. (4) Each officer named in this subsection shall hold office at the will of the board and the board shall be authorized to fill vacancies in said offices. The said board shall adopt an official seal for use when necessary; the wording on said seal to read `Muscogee County School District (Georgia). Organized 1950'. Section 3 . Said Act is further amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows: Section 15. (a) The Muscogee County Board of Education shall annually certify to the governing authority of the consolidated government of Columbus, Georgia, and Muscogee County, Georgia, hereafter referred to as the governing authority, the rate of the tax levy necessary for the support, maintenance, and operation of schools, libraries, and other operations and functions coming within the jurisdiction of the board and the Muscogee County School District, and after such certification has been made to said governing authority, the board of education, through its superintendent of education, shall notify the state revenue commissioner of the rate of the tax levy to be made on the taxable property in the county by the governing authority for said purposes. Such certification by the board of education to the governing
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authority shall be made in January of each year. The governing authority shall, at its first regular meeting after receiving such certification of the rate of tax, levy the tax so certified upon the assessed value of all taxable property in said county for the purposes so specified by the board of education. (b) The rate of tax to be levied in the manner and for the purposes above set forth in subsection (a) of this section shall be within the discretion of the board of education, subject to the limitation that the rate of the tax may not exceed 25 mills, unless such tax rate is increased or removed in the manner provided by subsection (c) of this section. The tax rate authorized by this section is for the support, maintenance, and operation of the Muscogee County School District, to pay the bonded indebtedness of such school district and provide for the operation of the Columbus museum, public library, and public safety. (c) (1) The mill limitation specified in subsection (b) of this section may be increased or removed by action of the board of education, but only after such action has been approved by a majority of the qualified voters of the Muscogee County School District voting on the question of the increase or removal of such limitation as provided in paragraph (2) of this subsection. (2) If the board of education wishes to initiate action to increase or remove the mill limitation, it shall request the election superintendent of Columbus, Georgia, to hold and conduct a special election for that purpose. After receiving such a request, it shall be the duty of the election superintendent to issue the call for the election. The superintendent shall set the date of the election for a date specified by the board of education, but the call for the election shall be issued at least 30 days prior to the date of the election. The board of education shall certify to the election superintendent the language which is to appear on the ballot at the election. Such language shall be in the form of a question which may, at the option of the board, either ask for approval of an increase in the mill limitation to a new specific mill limitation or
Page 6643
ask for approval for the removal of the mill limitation. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Muscogee County. It shall be the duty of the election superintendent of Columbus, Georgia, to hold and conduct a special election as provided in this subsection and to certify the result thereof to the board of education and to the Secretary of State. The board of education may specify that a special election authorized by this subsection shall be held on the same date as a general primary or general election. (d) It is contemplated that it is necessary that the annual tax provided for in this section should be levied in January of each year in order that the board of education may arrange its budget for that year and, if necessary, be able to secure temporary loans whose payment must be based on anticipated revenues for the year; but the provisions as to times of certification and levy are declared to be directory and not mandatory, and delay in such certification or levy shall not render a tax levied after such time invalid. (e) The tax levied for the support, maintenance, and operation of the Muscogee County School District as provided in this section shall constitute the appropriations by the governing authority for said purposes, and any amount levied for and appropriated to said school district and to the board of education and not expended during the year for which levied shall continue to be funds of said school district and board of education and shall not revert to any other purpose. Section 4 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Muscogee County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Muscogee County School District for approval or rejection. The election superintendent shall conduct that election on 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
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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 providing for a nine member Board of Education of the Muscogee County School District the members of which shall be elected from 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 as provided in Section 5 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 Muscogee County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 5 . If the referendum provided by Section 4 of this Act is conducted and if this Act is approved at said referendum, the provisions of this Act necessary for the election of members of the Muscogee County Board of Education in 1993 as provided in this Act shall be effective only for the purpose of said election upon the certification of the results of said referendum election, and this Act shall be effective for all purposes on September 1, 1993. Section 6 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Muscogee County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as
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amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 Session of the General Assembly of Georgia, a bill to amend an act creating the Muscogee County School District, approved February 25, 1949 (GA L. 1949, p. 1086), as amended and for other purposes. This 18th day of February, 1992. Thomas B. Buck, III Representative, District 95 Calvin Smyre Representative, District 92 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Calvin Smyre, who, on oath, deposes and says that he is Representative from the 92nd 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 21, 1992. /s/ Calvin Smyre Representative, 92nd District
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Sworn to and subscribed before me, this 19th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 20, 1992. GLYNN COUNTYBOARD OF EDUCATION; COMPENSATION; AUDITS. No. 1284 (House Bill No. 2178). AN ACT To amend an Act entitled An Act to consolidate and amend `An Act to regulate public instruction in the County of Glynn,' approved February 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned, approved August 12, 1914 (Ga. L. 1914, p. 275), as amended, particularly by an Act approved August 15, 1921 (Ga. L. 1921, p. 487), an Act approved August 20, 1923 (Ga. L. 1923, p. 240), an Act approved August 3, 1923 (Ga. L. 1923, p. 243), an Act approved April 8, 1965 (Ga. L. 1965, p. 3308), an Act approved April 11, 1979, (Ga. L. 1979, p. 3467), an Act approved April 9, 1981 (Ga. L. 1981, p. 4331), an Act approved March 18, 1985 (Ga. L. 1985, p. 3860), and by House Bill No. 1980 enacted at the 1992 regular session of the General Assembly of Georgia so as to change the provisions relating to compensation, expenses, and audits; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act entitled An Act to consolidate and amend `An Act to regulate public instruction in the County of
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Glynn,' approved February 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned, approved August 12, 1914 (Ga. L. 1914, p. 275), as amended, particularly by an Act approved August 15, 1921 (Ga. L. 1921, p. 487), an Act approved August 20, 1923 (Ga. L. 1923, p. 240), an Act approved August 3, 1923 (Ga. L. 1923, p. 243), an Act approved April 8, 1965 (Ga. L. 1965, p. 3308), an Act approved April 11, 1979 (Ga. L. 1979, p. 3467), an Act approved April 9, 1981 (Ga. L. 1981, p. 4331), an Act approved March 18, 1985 (Ga. L. 1985, p. 3860), and by House Bill No. 1980 enacted at the 1992 regular session of the General Assembly of Georgia, is amended by striking subsection (e) of Section 1 of said Act, as amended by said 1992 Act, and inserting in lieu thereof a new subsection (e) of Section 1 to read as follows: (e) The members of the board shall receive an annual salary for their services equal to 50 percent of the annual salary of the members of the board of commissioners of Glynn County excluding the chairman of the board of commissioners. Said salary shall be payable monthly out of the funds of the board of education of Glynn County. Section 2 . Said Act is further amended by striking Section 4 of said Act as enacted by said 1992 Act and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The Board of Education of Glynn County shall, by December 31 of each year, have made and completed by an independent certified public accountant or an independent firm of certified public accountants, not a member or employee of said board, an audit of its books and financial transactions covering a period of one year preceding the previous first day of July. Such audit shall be made in accordance with generally accepted accounting principles and auditing standards. It shall be the duty of the board to place the results of such audit in the Brunswick-Glynn County Public Library where such results shall be available to the public and to transmit a like copy to the next grand jury of the county. 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 1992 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to regulate public instruction in the County of Glynn, approved February 21, 1873 (Ga. L. 1873, p. 256), as amended; and for other purposes. This 24th day of February, 1992. WILLOU SMITH Honorable Willou Smith Representative, 156th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Willou Smith, who, on oath, deposes and says that she is Representative from the 156th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News, which is the official organ of Glynn County, on the following date: February 25, 1992. /s/ Willou Smith Representative, 156th District Sworn to and subscribed before me, this 23rd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 20, 1992.
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LOOKOUT MOUNTAIN JUDICIAL CIRCUITDISTRICT ATTORNEY; PERSONNEL; COMPENSATION; BUDGET No. 1288 (House Bill No. 1084). AN ACT To amend an Act creating the Lookout Mountain Judicial Circuit, approved January 26, 1950 (Ga. L. 1950, p. 23), as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 205), an Act approved March 13, 1963 (Ga. L. 1963, p. 80), and an Act approved March 25, 1980 (Ga. L. 1980, p. 1179), so as to authorize the district attorney of said circuit to hire assistant district attorneys, secretaries, and paraprofessionals; to provide for the manner of compensation of such employees; to provide for other matters relative thereto; to require the submission of a budget; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Lookout Mountain Judicial Circuit, approved January 26, 1950 (Ga. L. 1950, p. 23), as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 205), an Act approved March 13, 1963 (Ga. L. 1963, p. 80), and an Act approved March 25, 1980 (Ga. L. 1980, p. 1179), is amended by striking Section 6A and Section 6A.1 in their entirety and inserting in lieu thereof a new Section 6A to read as follows: Section 6A. The district attorney is authorized to appoint, in addition to those assistant district attorneys otherwise provided by law, two full-time assistant district attorneys who shall serve at the pleasure of the district attorney and who shall assist the district attorney in the performance of his duties. All assistant district attorneys shall have been admitted to the practice of law in all the courts of the State of Georgia and shall be members in good standing of the State Bar of Georgia. All assistant district attorneys shall be authorized to serve in the place of the district attorney in his absence. The compensation of said assistant district attorneys
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shall be determined by the district attorney of the Lookout Mountain Judicial Circuit and shall be in the sum of not less than $36,924.00 per annum, nor more than 90 percent of the compensation of the district attorney, with the approval of the respective assistant district attorney's salary by the governing authorities of the counties comprising the circuit. Said sums shall be paid in equal monthly installments from the general funds of the counties comprising the circuit and shall be made on a pro rata basis. Such pro rata payments shall be made on a percentage basis to be determined in accordance with the present and each future United States decennial census according to the ratio which the population of each county bears to the total population of all counties within the circuit. Section 2 . Said Act is further amended by striking Section 6B in its entirety and inserting in lieu thereof a new Section 6B to read as follows: Section 6B. (a) The district attorney of the Lookout Mountain Judicial Circuit is authorized to employ three fulltime secretaries in addition to those two state paid secretaries authorized by Code Section 15-18-17 of the Official Code of Georgia Annotated, who shall serve at the pleasure of the district attorney. The compensation of said secretaries shall be fixed by the district attorney and shall be in the sum of not less than $16,734.00 per annum and shall not exceed the amount set for the compensation which is paid the secretaries of the superior court judges, the respective salary of each secretary to be approved by the governing authorities of the counties comprising the circuit. Said compensation shall be paid proportionately by the counties comprising the circuit in the same manner as provided in Section 6A of this Act for the payment of the salaries of assistant district attorneys. (b) The district attorney shall also be authorized to employ part-time secretaries in individual counties of the circuit, to serve at the pleasure of the district attorney. The compensation of said part-time secretaries shall be fixed by the district attorney on an hourly basis, on the approval of the governing body of the particular county of the circuit in which the part-time secretary is employed.
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(c) The district attorney is authorized to employ a paraprofessional to serve as the director of victim-witness assistance, to serve at the pleasure of the district attorney. The compensation of the victim-witness director shall be fixed by the district attorney and shall be in an amount of not less than $16,400.00 per annum, the particular amount of compensation to be approved by the governing authorities of the counties comprising the circuit. Said compensation shall be paid on a monthly basis and shall be paid by the counties comprising the circuit on the same pro rata basis set out for assistant district attorneys in Section 6A of this Act. Section 3 . Said Act is further amended by striking Section 6C in its entirety and inserting in lieu thereof a new Section 6C to read as follows: Section 6C. The district attorney each year shall submit a budget for the anticipated operating expenses of the office of the district attorney for the coming year for the entire circuit to the governing authorities of the counties comprising the circuit for their approval. Operating expenses for the office shall be paid by the commissioner of Walker County, Georgia, who shall then be reimbursed by the governing authorities of Catoosa, Chattooga, and Dade counties on the same pro rata basis set out in Section 6A of this Act for the compensation of assistant district attorneys. Individual counties comprising the circuit shall be authorized to expend additional sums above and beyond those budgeted for the purchase of equipment to be used only in that particular county or for expenses incurred by the district attorney in the prosecution of cases in the superior court of the respective 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.
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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 the Act creating the Lookout Mountain Judicial Circuit, approved January 26, 1950 (Ga. L. 1950, p. 23), as amended so as to authorize the District Attorney to employ Assistant District Attorneys, Secretaries and paraprofessionals; to provide a method of payment of employees and expenses and to require a budget; and for other purposes. This 15th day of February, 1991. Ralph Van Pelt, Jr., District Attorney 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 Summerville News which is the official organ of Chattooga County, on the following date: February 21, 1991. /s/ McCracken Poston, Jr. Representative, 2nd District Sworn to and subscribed before me, this 12th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL)
Page 6653
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 the Act creating the Lookout Mountain Judicial Circuit, approved January 26, 1950 (Ga. L. 1950, p. 23), as amended so as to authorize the District Attorney to employ Assistant District Attorneys, Secretaries and paraprofessionals; to provide a method of payment of employees and expenses and to require a budget; and for other purposes. 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 Dade County Sentinel which is the official organ of Dade County, on the following date: February 20, 1991. /s/ McCracken Poston, Jr. Representative, 2nd District Sworn to and subscribed before me, this 12th day of March, 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 1991 Session of the General Assembly of Georgia, a bill to amend the Act creating the Lookout Mountain Judicial Circuit, approved January 26, 1950 (Ga. L. 1950, p. 23), as amended so as to authorize the District Attorney to employ Assistant District Attorneys, Secretaries and paraprofessionals; to provide a
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method of payment of employees and expenses and to require a budget; and for other purposes. This 15th day of February, 1991. Ralph Van Pelt, Jr. District Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, McCracken Poston, Jr., who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: February 27, 1991. /s/ McCracken Poston, Jr. Representative, 2nd District Sworn to and subscribed before me, this 12th day of March, 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 1991 Session of the General Assembly of Georgia, a bill to amend the Act creating the Lookout Mountain Judicial Circuit, approved January 26, 1950 (Ga. L. 1950, p. 23), as amended so as to authorize the District Attorney to tmploy Assistant District Attorneys, Secretaries and paraprofessionals; to provide a method of payment of employees and expenses and to require a budget; and for other purposes.
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This 15th day of February, 1991. RALPH VAN PELT, JR. DISTRICT ATTORNEY 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 Walker County Messenger which is the official organ of Walker County, on the following date: March 6, 1991. /s/ McCracken Poston, Jr. Representative, 2nd District Sworn to and subscribed before me, this 12th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 20, 1992. PUTNAM COUNTYTAX COMMISSIONER; COMPENSATION. No. 1337 (Senate Bill No. 692). AN ACT To amend an Act consolidating the offices of Tax Collector and Tax Receiver of Putnam County, approved March 6, 1962 (Ga. L. 1962, p. 3048), as amended, so as to change the
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compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act consolidating the offices of Tax Collector and Tax Receiver of Putnam County, approved March 6, 1962 (Ga. L. 1962, p. 3048), as amended, is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. The tax commissioner shall receive for his services as such an annual salary of $34,000.00. Said compensation shall be paid in equal monthly installments from the funds of Putnam 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 1992 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the judge of the probate court of Putnam County on an annual salary, approved February 27, 1962 (Ga. L. 1962, p. 2440), as amended; and for other purposes. This 28th day of January, 1992. Honorable Culver Kidd Senator, 25th District
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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 Eatonton Messenger, which is the official organ of Putnam County, on the following date: February 6, 1992. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 13th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 20, 1992. PUTNAM COUNTYSHERIFF; COMPENSATION. No. 1338 (Senate Bill No. 691). AN ACT To amend an Act placing the Sheriff, the Clerk of the Superior Court, the Tax Collector, the Tax Receiver, and the Judge of the Probate Court of Putnam County on an annual salary, approved February 27, 1962 (Ga. L. 1962, p. 2440), as amended, so as to change the compensation of the sheriff; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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Section 1 . An Act placing the Sheriff, the Clerk of the Superior Court, the Tax Collector, the Tax Receiver, and the Judge of the Probate Court of Putnam County on an annual salary, approved February 27, 1962 (Ga. L. 1962, p. 2440), as amended, is amended by striking in its entirety the first sentence of Section 2 and inserting in lieu thereof a new first sentence to read as follows: The Sheriff of Putnam County shall be compensated in the amount of $50,000.00 per annum, to be paid in equal monthly installments from the funds of Putnam 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 1992 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the judge of the probate court of Putnam County on an annual salary, approved February 27, 1962 (Ga. L. 1962, p. 2440), as amended; and for other purposes. This 28th day of January, 1992. 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 Eatonton Messenger, which is the official organ of Putnam County, on the following date: February 6, 1992.
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/s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 13th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 Approved April 20, 1992. BALDWIN COUNTYBOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS; TERMS. No. 1339 (House Bill No. 2007). AN ACT To amend an Act creating a board of commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, so as to change the composition of commissioner districts from which members of the board are elected; to provide for the election of members; to provide for terms of office; to provide procedures; to provide for the submission of this Act to the United States Attorney General; to repeal a specific law; 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 Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) (1) There is created a five-member board of commissioners of Baldwin County who shall administer
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the affairs of the county. For the purpose of electing members of the board, Baldwin County shall be divided into five commissioner districts as follows: Commissioner District: 1 BALDWIN COUNTY VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 139, 209, 210, 212, 213, 214, 215, 218, 226 Tract: 9702. Block(s): 524 VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9703. Block(s): 220C, 220D, 220E, 222C, 225B, 226B VTD: 0004 EAST MILLEDGEVILLE 320E VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 302A, 303A, 304A, 307A, 308, 309, 310A, 311A, 318, 319, 320, 321, 401A, 402 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9702. Block(s): 323B, 325A Tract: 9703. Block(s): 220A, 220B, 221, 222A, 222B, 225A, 226A Tract: 9704. Block(s): 110, 113, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 215, 216, 217, 221, 222 VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9704. Block(s): 313, 314, 315, 316, 317, 318, 319 VTD: 0010 GMC 320G (Part) Tract: 9705. Block(s): 139, 140, 141 Tract: 9706. Block(s): 101 Tract: 9707. Block(s): 101, 102, 103, 104, 105, 112, 113, 114, 117, 118, 119, 120, 121, 122, 123, 129, 130, 132, 133, 134, 135, 136, 137, 140B, 301, 302B, 303B, 304B, 305, 306, 307B, 310B, 311B, 401B, 426, 427, 428 VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part)
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Tract: 9704. Block(s): 218, 219, 220, 301, 302, 303, 304, 305, 306, 320, 321, 322, 323, 326, 327, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 423, 424, 425, 426, 427, 430, 431, 504, 505, 506, 513 Commissioner District: 2 BALDWIN COUNTY VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 140A, 312A, 313, 314A, 315, 316, 317, 404A, 405, 406, 407, 408, 415A, 416, 417, 418A, 420A, 422, 423, 424, 425, 548A VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9705. Block(s): 110, 111, 112, 216, 217, 218, 222, 223, 224, 225, 226, 227, 228, 229 VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 102A, 103, 104, 105, 106A, 107A, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 201A, 201C, 215A, 215B, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421 Tract: 9708. Block(s): 206, 207, 208, 211, 212, 213, 214, 215, 217, 218 VTD: 0010 GMC 320G (Part) Tract: 9705. Block(s): 137, 138 Tract: 9706. Block(s): 102B, 106B, 107B, 201B Tract: 9707. Block(s): 312B, 314B, 404C, 545, 546, 547, 548B, 548C VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part)
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Tract: 9705. Block(s): 107, 108, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 142, 143 Commissioner District: 3 BALDWIN COUNTY VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 230C, 230D, 230E, 231B, 231C, 232B, 233B, 233C Tract: 9704. Block(s): 212D, 212E, 213B, 213C, 214B, 307, 308C, 308D, 309B, 310B, 311C, 311D, 311E, 311F Tract: 9705. Block(s): 201B, 202B, 212B, 325B, 326C, 326D, 341, 342, 343B, 344A, 344B, 346C, 346D, 347, 348, 350B, 356B, 359B, 361, 362B, 363, 364, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385 Tract: 9708. Block(s): 201, 202, 203, 204, 205, 210, 401, 402, 403, 404, 405, 410, 411, 412, 413, 414 VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9703. Block(s): 229A, 230A, 231A, 232A, 233A Tract: 9704. Block(s): 212A, 212B, 212C, 213A, 214A, 308A VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9703. Block(s): 230B Tract: 9704. Block(s): 308B, 309A, 310A, 311A, 311B, 312, 324, 325, 428, 429, 507, 508, 509 Tract: 9705. Block(s): 109, 201A, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 213, 214, 215, 219, 220, 221, 325A, 326A, 326B, 343A, 345, 346A, 346B, 349, 350A, 351, 352, 353, 354, 355, 356A, 357, 358, 359A, 360, 362A VTD: 0009 WEST HARDWICK 321W (Part)
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Tract: 9706. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 217, 218 Tract: 9708. Block(s): 209, 216, 231 VTD: 0010 GMC 320G (Part) Tract: 9707. Block(s): 106, 107, 108, 109, 110, 111, 115, 116 VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9704. Block(s): 421, 422, 501, 502, 503, 510, 511, 512, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529 Tract: 9705. Block(s): 101, 102, 103, 104, 105, 106, 128, 130, 131, 132, 133, 134, 135, 136 VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 130, 131, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302 Commissioner District: 4 BALDWIN COUNTY VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 206, 207, 208, 211, 216, 217, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378,
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379, 380, 381, 382, 383 Tract: 9707. Block(s): 126 VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 201A, 201B, 217A, 218A, 219, 220, 221, 222A, 223, 224, 501A, 501B, 502, 503A, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 517, 518 VTD: 0010 GMC 320G (Part) Tract: 9707. Block(s): 124, 125, 127, 128, 131, 138, 139, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217B, 218B, 222B, 403, 404B, 409, 410, 411, 412, 413, 414, 415B, 418B, 419, 420B, 421, 501C, 503B, 515B, 516, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 549, 550 Tract: 9708. Block(s): 101, 102, 103, 104, 105A, 118A, 119, 120, 121, 122, 123A, 124, 125, 126, 127A, 128, 129 VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 105B, 106, 107, 108, 116, 117, 118B, 132, 133 Commissioner District: 5 BALDWIN COUNTY VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 107D, 107E, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125B, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185B, 201, 202, 203, 204, 205, 309
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Tract: 9702. Block(s): 342B VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 319D, 320B, 321B, 321C, 323C, 325B, 326, 327B, 328B, 329B, 330D, 331, 332B, 336B, 402 Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 227, 228, 229B Tract: 9704. Block(s): 101B VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C Tract: 9705. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9701. Block(s): 107B, 125A, 126, 127A, 185A Tract: 9702. Block(s): 107A, 202A, 206A, 301A, 302, 303, 304, 305, 317, 318, 319A, 319B, 319C, 320A, 321A, 322, 323A, 324, 327A, 328A, 329A, 330B, 330C, 332A,
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342A Tract: 9703. Block(s): 201A, 201D, 210A, 210B, 211A, 214A, 214B, 215A, 216A, 217, 218A, 223, 224 Tract: 9704. Block(s): 101A, 102, 103, 104, 105, 111, 112 VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 106, 107, 108, 109, 114, 115, 116 (2) For purposes of this subsection: (A) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (B) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (C) 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 map for the United States decennial census of 1990 for the State of Georgia; (D) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (E) Any part of the county which is not included in any commissioner district described in this
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subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (F) Any part of the county which is described in this subsection as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (b) There shall be elected one member of the board to represent each of the five commissioner districts. Each person qualifying for nomination or election to the board shall be a resident and qualified voter of the commissioner district to which he seeks such nomination or election. The member elected from each such commissioner district shall be elected by the qualified voters of Baldwin County residing solely within such commissioner district. To be elected as a member of the board from a commissioner district, a candidate must receive the highest number of votes cast and, at the same time, the candidate must receive a majority of the total votes cast in such commissioner district. If a member of the board moves his residence from the commissioner district which he represents, such office on the board shall thereby become vacant. (c) All members of the board of commissioners of Baldwin County who are in office on January 1, 1992, shall serve for the remainder of their unexpired terms to which they were elected. At the November general election in 1992, members shall be elected to represent each of the five commissioner districts. The persons elected to such commissioner districts at such election shall take office on January 1, 1993. The members elected at the November general election in 1992 shall have terms of office of four years each and until their respective successors are elected and qualified.
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Thereafter, successors shall be elected in the general election in the year in which the terms of office expire 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. All members shall be nominated and elected pursuant to the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the `Georgia Election Code.' (d) Beginning January 1, 1993, and continuing thereafter, the board of commissioners shall, at its first meeting in January, elect a chairman from among its membership to serve for a term of one year. Section 2 . It shall be the duty of the county attorney of Baldwin County to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965, as amended; and it shall be the duty of the board of commissioners of Baldwin County to direct and ensure that such submission is made by the county attorney or some other attorney if the county attorney fails to act. It shall be the duty of the board of commissioners and county attorney of Baldwin County to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or it becomes law without his approval and to ensure that such submission contains all materials necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General. Section 3 . An Act amending an Act creating a board of commissioners of Baldwin County enacted at the 1992 regular session of the General Assembly of Georgia, S.B. 625, and approved by the Governor on February 26, 1992, as Act No. 632 is repealed in its entirety. 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 1992 session of the General Assembly of Georgia a bill to
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amend an Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended; and for other purposes. This 7th day of January, 1992. Culver Kidd, Senator 25th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby E. Parham, who, on oath, deposes and says that he is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union-Recorder, which is the official organ of Baldwin County, on the following date: January 10, 1992. /s/ Bobby E. Parham Representative, 105th District Sworn to and subscribed before me, this 4th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 1, 1992.
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CITY OF VARNELLNEW CHARTER. No. 1342 (House Bill No. 1631). AN ACT To provide a new charter for the City of Varnell; 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 condemnation; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; 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 1 INCORPORATION AND POWERS Section 1.10 . Incorporation. The City of Varnell in Whitfield 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 Varnell. References in this charter to the city or this city refer to the City of Varnell. 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 mayor of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Varnell, Georgia. Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. Section 1.12 . Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph;
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(3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (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 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 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,
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firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted;
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(27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to
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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 of 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, auto junkyards, truck junkyards, 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 or prohibit and control the conduct of peddlers and itinerant traders, flea markets, yard sales, 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. (c) The mayor and council shall have the full power and authority to enact all laws and ordinances to require any railroad or street-railroad company which may hereafter have
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tracks running in, along, across, or through the streets, alleys, or ways of said city, so improved, to macadamize or otherwise pave and improve, as the mayor and council may direct, the width of their tracks and ten feet on each side thereof, and to require said companies to repair or repave their aforesaid portions as the mayor and council may direct, and to require any railroad company to keep railroad rights of way clean and free of weeds, brush, trees, and trash; and the mayor and council shall have the power and authority to enforce the provisions of this subsection by proper ordinances. (d) The mayor and council of said city shall have full power and authority, by ordinances, to regulate and to prescribe the speed of railroad trains running within the limits of the said city; to require all railroad companies to station watchmen at street crossings; to require all trains running across or in and along any street to be preceded by a flagman; to make it a penal offense for any railroad company, its agents, or employees to block or obstruct any street crossing with railroad trains, cars, or engines any longer than is necessary; to prohibit more than one train from crossing or running parallel with another train at the same time across a street crossing; and to regulate in any other way the running or operation of railway trains within the city limits, as they may deem necessary to protect and safeguard the public and to provide a penalty for the violation of any of the provisions of this subsection. Section 1.13 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. Section 1.14 . Intergovernmental contracts. All powers enumerated in this charter or otherwise vested in the city may be exercised by the city, in conjunction with other governmental entities or through delegation to others by virtue of contractual agreement unless otherwise restricted or prohibited by law.
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ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL Section 2.10 . City council creation; composition; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. (b) The mayor and councilmembers shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of this city for six months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate 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 said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. In the event that the mayor or councilmember should cease to reside within the city, such person shall resign and the office shall be filled according to Section 2.12 of this charter. 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
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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 charter shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) Beginning with the initial elections held under this charter in 1992, regular municipal elections shall be held on the first Tuesday in November. On that day annually thereafter, there shall be an election for successors to the councilmembers and mayor, if applicable, whose terms will expire the following January. The terms of office shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. Section 2.12 . Vacancies in office. (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant for any cause, 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.
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(c) When a vacancy occurs for any reason in the office of mayor or councilmember with more than six months left to expiration of the term, a special election will be called for by the mayor, mayor pro tempore, or the remaining councilmembers. In the event that no person qualifies for election, the office can be filled by appointment of a qualified person by the mayor or mayor pro tempore. The appointed person must be approved by a majority vote of the remaining councilmembers. (d) When a scheduled annual election is to be held to fill expired terms of mayor or councilmembers and no qualified person or persons offer for election, the vacant offices can be filled by appointment of the mayor or mayor pro tempore of qualified persons. The appointed person must be approved by majority vote of the remaining councilmembers. (e) At no time shall there be more than two appointed councilmembers serving on the city council at any given time. (f) In the event that a scheduled election for mayor or councilmembers is to be held and there is no opposition to the offices for reelection, the successors for the office of mayor or councilmembers will be elected as if they had received the highest number of votes and no election is required. Section 2.13 . Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 2.14 . Election by plurality. Persons receiving the highest number of the votes cast for either the mayor or councilmember shall be elected. Section 2.15 . Compensation and expenses. (a) Until changed as provided in subsection (b) of this section, the mayor and councilmembers shall continue to receive the same compensation to which they were entitled immediately prior to the effective date of this charter. (b) The compensation of the mayor and councilmembers may be changed by ordinance, but any increase
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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 councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office as approved by the city council. Section 2.16 . Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;
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(5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this charter.
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Section 2.17 . Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right to appeal from the decision of the city council to the Superior Court of Whitfield 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 Whitfield County following a hearing on a complaint seeking such removal brought by any resident of the City of Varnell. 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 the City of Varnell and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore who shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council. Section 3.12 . Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in
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the exercise of these powers by the council shall be punished as provided by ordinance. Section 3.13 . Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting unless all the councilmembers are present and all councilmembers vote to transact other business. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. Section 3.14 . Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping minutes of its proceedings which shall be a public record. (b) All executive committees and executive committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. Section 3.15 . Quorum; voting. (a) Three councilmembers and the mayor or mayor pro tempore shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded
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in the minutes, but any member of the city council shall have the right to request a roll-call vote. The affirmative vote of a majority of the votes cast shall be required for the adoption of any ordinance, resolution, or motion, except as otherwise provided in this charter. The mayor, or mayor pro tempore if presiding, shall be entitled to vote in the election of all municipal officers chosen by the mayor and council, but shall not vote on legislative questions and matters before the council, except in the case of a tie. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 3.16 . Ordinance form; procedure. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. The enacting clause shall be The Council of the City of Varnell hereby ordains..... and every ordinance shall so begin. Prior to submission of any ordinance for consideration by the mayor and city council, the same shall be submitted to the city attorney and be approved by him as to form and to ensure such ordinance is not covered by, or in conflict with, any law of general application or other city ordinance. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. (c) Upon passage, all ordinances shall be signed by the mayor, or mayor pro tempore if presiding, and the city clerk. (d) Failure to comply with the technical requirements of this section shall not invalidate an ordinance if the intention of the governing authority that the ordinance be effective is evident. (e) All proposed ordinances shall be submitted to the mayor and city council for consideration prior to passage thereof
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and may not be passed upon by the council until its next regular or specially called meeting following the regular or special meeting in which such ordinance is first introduced. This requirement may be waived by unanimous vote of a quorum of the city council present and voting at any meeting. Section 3.17 . Ordinances. Notwithstanding any other provisions of this charter, acts of the city council which have the force and effect of law may be done by motion or resolution of the city council, except that any act of the city council to amend the charter or the code of ordinances or any other act required by general state law to be done by ordinance shall be done by ordinance. Section 3.18 . Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may 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 180 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 90 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 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
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such adopting ordinance shall be as prescribed for ordinances generally. The adopted ordinance by reference or by title has the same effect as if the code or technical regulation was adopted in complete form. (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 Varnell, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.
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Section 3.21 . Chief executive officer. 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. As chief executive, the mayor shall be responsible for the day-to-day operations of the city and all of its departments and, except as provided in this charter, all employees shall report to and serve at the pleasure of the mayor. City department heads shall be appointed by the mayor with the advice and consent of the city council. Section 3.22 . Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) See that all laws, ordinances, resolutions, and rules of the city are faithfully executed; (2) Preside at all meetings of the mayor and council and have the right to take part in the deliberations of said board but shall not vote on any question except in the case of a tie; (3) Sign all deeds and contracts, except deeds for property sold under execution at public sale as defined by statute; (4) Cosign, along with an individual so designated by majority vote of the city council, all checks for the payment of money, after payment of unpaid invoices, bills, and vouchers is approved by the mayor and council and approval for payment has been entered upon the minutes of the city; (5) Be clothed with veto power as set out in this charter; (6) Keep the council advised from time to time of the general condition of the city and recommend such measures as he or she may deem necessary or expedient for the welfare of the city; and
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(7) Call the council together at any time when deemed necessary by him or her. Section 3.23 . Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within ten 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 when a quorum shall be present and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of a majority of the quorum then present, it shall become law. (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
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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, employees, and other nonelective officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications and are not required to be a resident of the city unless otherwise required by the mayor and council or by state law. (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,
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or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a majority vote of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 4.12 . City attorney. (a) The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized and shall provide for the payment of such attorney or attorneys for services rendered to the
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city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, shall approve as to form all contracts and ordinances, and shall perform such other duties as may be required of him or her by virtue of his or her position as city attorney. (b) In the event the city attorney has a conflict of interest in representing the city on any particular matter or otherwise feels that he or she cannot adequately or properly represent the city, he or she shall so inform the city council and the city council shall be authorized to hire another attorney to represent the city in the matter in which the city attorney has disqualified himself or herself. Section 4.13 . City clerk. The city council shall appoint a city clerk who 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 may appoint an assistant city clerk who shall serve in the absence of the city clerk to perform such duties as he or she may be directed. Section 4.14 . City treasurer. The city council shall appoint a city treasurer to perform the duties of a treasurer and fiscal officer. In the event that the position of city manager is created as authorized by Section 4.16 of this charter, the city council may by ordinance abolish the position of city treasurer and provide that the duties of the city treasurer shall be performed by the city manager. Section 4.15 . Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment;
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(2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. Section 4.16 . City manager. The mayor and council, acting in their sole discretion, are authorized to create the position of city manager and to provide by ordinance for the powers, duties, appointment, qualifications, and compensation of the city manager. Section 4.17 . City marshal. The mayor and council, acting in their sole discretion, are authorized to create the position of city marshal and to provide by ordinance for powers, duties, appointment, qualifications, and compensation of the city marshal. The chief of police shall serve as ex officio city marshal in the absence of the city marshal. Section 4.18 . Municipal court clerk. The mayor and council, acting in their sole discretion, are authorized to create the position of municipal court clerk and to provide by ordinance for the powers, duties, appointment, qualifications, and compensation of the municipal court clerk. The city clerk shall serve as ex officio municipal court clerk in the absence of the municipal court clerk. Section 4.19 . The city marshal and city municipal court clerk will be administered the same oath as the municipal judge as outlined in subsection (e) of Section 5.11 of this charter.
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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 Varnell. 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. The appointed judges shall serve until they resign or are removed for cause by the city council. (c) Compensation of the judge or judges shall be fixed by members of the city council. (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 and shall read as follows: I do solemnly swear that I will truly, honestly, and faithfully discharge the duties of judge of the Varnell Municipal Court to the best of my ability without fear, favor, or partiality, and I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America, so help me God. Section 5.12 . Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance.
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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 15 days in jail or 40 hours of community service on city property or city streets. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $5,000.00 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, including the right to punish by forced labor on the city streets and property not to exceed 90 days. The judges of the municipal court shall be empowered to allow persons who are fined by the court to pay the fines on an installment method and shall be authorized to issue warrants for the arrest of persons who fail to make payments in a timely manner as set down by the municipal court. (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 the superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizes to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. The municipal court may designate the chief of the police department of the City of Varnell, Georgia, with its authority to accept or reject appearance bonds, surety, or bail as the municipal court may set. 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
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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 shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Whitfield County, under the laws of the State of
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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. 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
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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 25 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. Section 6.15 . Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16 . Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public
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way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.17 . Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. Section 6.19 . Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20 . Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21 . Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. When obtaining long-term loans, the city must repay according to the agreement with lending institution.
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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 . Action by city council on budget. (a) The city council shall adopt and may thereafter amend an annual budget, except that the budget as finally adopted and amended must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, shall adopt the final budget for the ensuing fiscal year not later than the first day of the fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity. (c) The amount set out in the adopted budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable unless by a majority vote of the city council. (d) On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure
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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 3.18 of this charter. (e) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the date immediately preceding the beginning of that fiscal year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 6.24 . Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. Section 6.25 . Changes in budget. The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes. Section 6.26 . Audits. Unless audit is not required by Georgia law, 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.
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Section 6.27 . Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council minutes of proceedings. Section 6.28 . Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.29 . Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
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ARTICLE VII GENERAL PROVISIONS Section 7.10 . Bonds for officials. Unless the officers and employees are bonded through city insurance, 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. In all cases, the city shall pay the cost of bonds for its officials and employees, both elected and appointed. 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 premissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) The word city means the City of Varnell, located in Whitfield County, Georgia. (e) Any reference in this charter to a designated section shall be deemed to refer to a section of this charter unless otherwise clearly apparent.
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Section 7.14 . Council interference with administration. Except for the purpose of inquiries and investigations under Section 3.12 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the mayor solely through the mayor, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. Section 7.15 . 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 would be declared or adjudged invalid or unconstitutional. Section 7.16 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7.17 . Specific repealer. An Act incorporating the City of Varnell in Whitfield County, approved April 8, 1968 (Ga. L. 1968, p. 3065), is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.18 . General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia A BILL TO REPEAL AN ACT creating a charter for the CITY OF VARNELL, approved April 8, 1968 (Ga. L. 1968, p. 3065, as amended and to provide for an Act to reincorporate and provide a new charter for the City of Varnell, Whitfield County, Georgia; to
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provide for the corporate limits of the city and the powers of the city; to provide for the form and method of government of the city, for elections for city offices, for taxation by the city and for the financial management of the city; to provide for other related matters, to provide an effective date; to repeal conflicting laws; and for other purposes. This 27th day of January, 1992 Honorable Charles (Judy) Poag Representative 3rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles N. Poag, who, on oath, deposes and says that he is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Citizen-News, which is the official organ of Whitfield County, on the following date: January 31, 1992. /s/ Charles N. Poag Representative, 3rd District Sworn to and subscribed before me, this 3rd day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992.
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BALDWIN COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE AND MAGISTRATES; SELECTION; NUMBER; VACANCIES; COMPENSATION; FUNDS; REPORTS; REFERENDUM. No. 1343 (House Bill No. 1684). AN ACT To amend an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County, approved March 14, 1983 (Ga. L. 1983, p. 4027), so as to change the manner of selecting the chief magistrate and other magistrates of said magistrate court; to change the provisions relating to the number of magistrates for the Magistrate Court of Baldwin County; to change the provisions relating to the filling of vacancies; to change the provisions relating to the annual salary of the chief magistrate and other magistrates; to change the provisions relating to funds and fees received by the magistrate court; to provide for the expenses of operating the magistrate court; to repeal certain provisions relating to annual reports, removal of magistrates, and costs and expenses of training required of magistrates; to provide for a referendum; to provide procedures in connection with such referendum; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I Section 1 . An Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County, approved March 14, 1983 (Ga. L. 1983, p. 4027), 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 present vacancy in the office of chief magistrate of Baldwin County for the unexpired term expiring December 31, 1992, shall be filled in accordance with the provisions
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of subsection (e) of Code Section 15-10-20 of the O.C.G.A. by an appointment by majority vote of the judges of the Superior Court of Baldwin County. In accordance with subsection (d) of Code Section 15-10-20 of the O.C.G.A., for the term beginning January 1, 1993, the chief magistrate shall be elected by the voters of the county at the general election in 1992, in a partisan election in the same manner as county officers are elected. Thereafter, the chief magistrate shall be elected in accordance with said subsection (d) of Code Section 15-10-20 of the O.C.G.A. Section 2 . Said Act is further amended by striking in its entirety Section 3, which reads as follows: Section 3. (a) A vacancy in the office of chief magistrate of the Magistrate Court of Baldwin County shall be filled in the same manner as the original appointment for the remainder of the unexpired term. (b) A vacancy in the office of any other magistrate shall be filled by appointment by the chief magistrate for the remainder of the unexpired term., and inserting in lieu thereof the following: Section 3. Reserved. PART II Section 3 . Said Act is further amended by striking in their entirety subsections (b) and (c) of Section 1 and inserting in lieu thereof a new subsection (b) to read as follows: (b) The clerk of the magistrate court, constables, and other court personnel of the magistrate court shall be appointed by the chief magistrate; provided, however, that the number of such court personnel shall be approved by the governing authority of Baldwin County. Section 4 . Said Act is further amended by striking Sections 4 through 7 in their entirety and inserting in lieu thereof new Sections 4, 5, and 6 to read as follows:
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Section 4. In accordance with the provisions of subsection (a) of Code Section 15-10-23 of the O.C.G.A. permitting local law to provide for a minimum annual salary for the chief magistrate, the minimum annual salary of the chief magistrate of Baldwin County is set at $25,000.00. Section 5. In accordance with the provisions of subsection (f) of Code Section 15-10-20 of the O.C.G.A. permitting local law to provide for the number and method of selection of magistrates, in addition to the chief magistrate there shall be not less than two additional magistrates for Baldwin County. In accordance with subsection (b) of Code Section 15-10-23 of the O.C.G.A. allowing local law to provide for a minimum salary for magistrates, each such magistrate other than the chief magistrate shall receive a minimum monthly salary of $300.00 per month. Section 6. (a) On the effective date of this section, any funds remaining in, or due to, or under the control or direction of the chief magistrate or the treasury of the Magistrate Court of Baldwin County created in accordance with Section 5 of an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County, approved March 14, 1983 (Ga. L. 1983, p. 4027), are declared and deemed funds of Baldwin County and shall be paid into the general funds of Baldwin County in the manner provided in Code Section 15-10-85 of the O.C.G.A. On and after the effective date of this section, any funds or fees due or owed to the Magistrate Court of Baldwin County shall be paid into the general funds of Baldwin County in the manner provided in Code Section 15-10-85 of the O.C.G.A., except that the Magistrate Court of Baldwin County is authorized to hold in trust disputed funds paid into the court pending the resolution of disputes before the court. (b) The governing authority of Baldwin County shall pay from the general funds of the county the debts and expenses of the Magistrate Court of Baldwin County for salaries, fixtures, supplies, and equipment necessary for the proper functioning of the magistrate court, in accordance with general law.
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PART III Section 5 . Part II of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . (a) Part I of this Act shall become effective as provided in subsection (b) of this section. (b) In the event the Supreme Court of Georgia in the case entitled Quo Warranto - Regarding the Magistrate Court of Baldwin County Docket No. S92A0504 now pending in said court holds that the method of selecting the chief magistrate of the Magistrate Court of Baldwin County provided in an Act approved March 14, 1983 (Ga. L. 1983, p. 4027), Act No. 157, is valid and unless prohibited by the federal Voting Rights Act of 1965, as amended, then the election superintendent of Baldwin County, on the first date following the final decision of the Supreme Court upholding such provision on which a special election on such question can be held shall, in conformity with Code Section 21-2-540 of the O.C.G.A., issue the call for and conduct a special election relative to the selection of the chief magistrate of the Magistrate Court of Baldwin County. 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 Baldwin County. The ballot shall have written or printed thereon the words: () YES () NO Shall Part I of an Act be approved which provides that the chief magistrate of the Magistrate Court of Baldwin County shall be elected by the voters of the county in a partisan election in the same manner as county officers are elected and which provides for a different method of selecting other magistrates and for filling vacancies in the office of chief magistrate or magistrate?
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All persons desiring to vote for approval of Part I of the Act shall vote Yes, and those persons desiring to vote for rejection of Part I of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of Part I of this Act, it shall become of full force and effect upon the certification of the results of said special election. If Part I of this Act is not so approved or if the election is not conducted as provided in this section, Part I of this Act shall not become effective and shall be automatically repealed upon the certification of the results of said special election. The expense of such election shall be borne by Baldwin County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the 1992 Session of the Georgia General Assembly a bill to change the Magistrate Court of Baldwin County. This 27th day of Dec. 1991. Bobby E. Parham State Representative 105th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby E. Parham, who, on oath, deposes and says that he is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union-Recorder, which is the official organ of Baldwin County, on the following date: January 3, 1992.
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/s/ Bobby E. Parham Representative, 105th District Sworn to and subscribed before me, this 12th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992. CITY OF KITENEW CHARTER. No. 1344 (House Bill No. 1762). AN ACT To provide a new charter for the City of Kite; to provide for incorporation, boundaries, and 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
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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 Kite in Johnson 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 Kite. References in this charter to the city or this city refer to the City of Kite. The city shall have perpetual existence. Section 1.11 . Corporate boundaries. The boundaries of this city shall be as follows: All that tract or parcel of land lying and being in the 55th District of Johnson County, Georgia, described as Beginning at an iron pin set at the Intersection of the Western boundary of U.S. Highway 221 and the Northern boundary line of the City of Kite as shown on said plat as the point of beginning. Thence running North 81 degrees 51 minutes 6 seconds East a distance of 3,257.23 feet to a point on Battleground Creek; thence turning and running South 49 degrees 55 minutes 24 seconds East a distance of 449.12 feet to the Intersection of Battleground Creek and Little Ohoopee River; Thence turning and running in a Southerly direction along the course of Little Ohoopee River a distance of 2,310 feet, more of less, to Oak Corner; thence turning and running North 84 degrees West a distance of 462 feet to a point; thence turning and running South 9 degrees 0 minutes 0 seconds East a distance of 1,584 feet to a point; thence turning and running South 64 degrees 0 minutes 0 seconds West a distance of 2,178 feet to a point on Holten Creek; thence turning and running in a Northwesterly direction down the run of Holten Creek a distance of 3,465 feet, more or less, to a point; thence turning and running
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North 66 degrees 56 minutes 08 seconds West a distance of 854.95 feet to a point; thence turning and running North 24 degrees 0 minutes 0 seconds East a distance of 2,904 feet to a point; thence turning and running North 81 degrees 51 minutes 6 seconds East a distance of 822.59 feet to the point of beginning, all as shown by a plat prepared by Billy Flanders Associates dated May 6, 1991, which appears of record in Plat Book 12, Page 67, of the records of the clerk of the Superior Court of Johnson County, Georgia, which plat and the record thereof are by reference incorporated herein for a more particular description, 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 Kite, Georgia. Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. Section 1.12 . Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;
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(2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted;
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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;
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(13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;
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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 plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities,
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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 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,
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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; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale,
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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
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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 three councilmembers. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of
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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 fulfil 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 Kite shall consist of one election district with three numbered posts. Each person seeking election shall designate the post for which he seeks election. (e) On the Tuesday next following the first Monday in November, 1993, and on that day quadrennially thereafter, there shall be elected a mayor and three 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
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shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 2.13 . Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 2.14 . Election by majority. The candidate receiving a majority of the votes cast for any city office shall be elected. 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
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or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose
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such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act. Section 2.17 . Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law.
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(b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of two 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 Johnson 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 Johnson County following a hearing on a complaint seeking such removal brought by any resident of the City of Kite. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES Section 3.10 . General power and authority. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. Section 3.11 . Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.
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(b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council. Section 3.12 . Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 3.13 . Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.
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Section 3.14 . Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. Section 3.15 . Voting. (a) Except as otherwise provided in subsection (b) of this section, two councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of two 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 Kite 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
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provided for in Section 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 3.17 . Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 3.18 . Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least two councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 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
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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 Kite, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.
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Section 3.21 . Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration. Section 3.22 . Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the council a recommended annual operating budget and recommended capital budget; (5) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (6) 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;
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(8) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (9) Approve or disapprove ordinances as provided in Section 3.23; (10) Require any department or agency of the city to submit written reports whenever he deems it expedient; (11) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and (12) Perform such other duties as may be required by general state law, this charter, or ordinance. Section 3.23 . Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption. (b) The mayor shall within ten days of receipt of an ordinance return it to the city clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk 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
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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. 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 two councilmembers.
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Section 4.11 . Boards. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of two 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,
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or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 4.12 . City attorney. The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. The city council shall provide for the compensation of the city attorney. Section 4.13 . City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. 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:
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(1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH Section 5.10 . Municipal court. There shall be a court to be known as the Municipal Court of the City of Kite. 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 two members of the city council.
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(e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. Section 5.12 . Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13 . Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi.
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(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Johnson 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
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or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE VI FINANCE Section 6.10 . Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11 . Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. 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
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practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14 . Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15 . Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16 . Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid,
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such charges shall be collected as provided in Section 6.18 of this charter. Section 6.17 . Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. Section 6.19 . Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20 . Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21 . Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22 . Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
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Section 6.23 . Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. 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 August 15 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational
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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 organization 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 appropriatins 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) 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 August 15 of
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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. Audits shall be conducted as provided by general law. Section 6.30 . Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter. Section 6.31 . Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.32 . Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or
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tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10 . Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11 . Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. Section 7.12 . Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13 . Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
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Section 7.14 . Specific repealer. An Act incorporating the Town of Kite in the County of Johnson, approved September 11, 1891 (Ga. L. 1890-91, Vol. 2, p. 755), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.15 . General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide a new charter for the City of Kite in Johnson County, Georgia; 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 January, 1992. Jimmy Lord Representative, 107th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord, who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wrightsville Headlight, which is the official organ of Johnson County, on the following date: January 16, 1992. /s/ Jimmy Lord Representative, 107th District
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Sworn to and subscribed before me, this 18th day of February, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved May 4, 1992. CALHOUN RECREATION AUTHORITYCREATION. No. 1345 (House Bill No. 1789). AN ACT To create the Calhoun Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas, including, but not limited to, golf courses, playgrounds, parks, hiking, camping and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, civic centers, stadiums, related buildings, and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities, to acquire parking facilities and parking areas in connection therewith, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers and to impose duties on the authority the determination of which shall be in the sole discretion of the mayor and council; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to the recreational facilities and to execute leases of such facilities and to convey title to real property in fee simple of the authority and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the authority and other political subdivisions,
Page 6751
including specifically the City of Calhoun, to enter into contracts pertaining to uses of such facilities and areas, which contracts and leases shall obligate the lessees to make payment for the use of such areas and facilities for the term thereof and to pledge for that purpose revenues derived from taxation; to provide that no debt of the City of Calhoun or other political subdivisions, within the meaning of Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, shall be incurred by exercise of the powers granted; to authorize the issuance of revenue bonds or obligations of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority, including, but not limited to, earnings derived from leases and income from conveyances of real property of the authority, and to pay the cost of such undertakings and to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations and to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to make the property of the authority exempt from taxation and assessment; to grant the authority and its members certain immunities; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law; to provide for construction; to provide for conveyance of property upon dissolution; to provide for severability; 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 Calhoun Recreation Authority Act. Section 2 . There is created a body corporate and politic to be known as the Calhoun Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for
Page 6752
any torts committed by any of the officers, agents, and employees. 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 a 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 Gordon County, and its legal situs or residence for the purposes of this Act shall be Gordon County. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act. (b) The authority shall consist of seven members who shall be residents of the City of Calhoun and who shall be appointed by the mayor and council of the City of Calhoun. The mayor and council of the City of Calhoun shall initially appoint two members for terms of two years each, two for terms of four years each, and three for terms of six years each. After expiration of the initial terms, the terms of all members shall be six years. If at the end of any term of office of any member, a successor to such member has not been elected, the member whose term of office has expired shall continue to hold office until a successor is elected. A majority of the authority shall constitute a quorum. (c) One member of the council or the mayor of the City of Calhoun may be appointed to serve as a member of the authority. (d) Any member of the authority may be selected and appointed to succeed himself. Immediately after such appointments, the members of such authority shall enter upon their duties. (e) Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term.
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(f) The authority shall elect one of its members as chairman and another member as vice chairman. The city clerk of the City of Calhoun shall be the secretary and treasurer. Said city clerk shall not be a member of the authority. (g) 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. (h) The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the authority. (i) The authority shall make rules and regulations for its own government. It shall have perpetual existence. (j) Any member of the authority may be removed from office by the governing authority which appointed such member for failure to perform his duties as a member of the authority. Such failure shall include without limitation the failure to attend a majority of the regularly scheduled meetings in a calendar year. Any office so vacated shall be filled within 60 days by appointment by the mayor and council of the City of Calhoun. The new appointee shall serve the remainder of the unexpired term to which he is appointed. Section 3 . As used in this Act, the term: (1) Authority shall mean the Calhoun Recreation Authority created in Section 2 of this Act. (2) Cost of the project shall embrace the cost of acquisition and construction; the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all conveyances in fee simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment and financing charges and interest prior to and during construction and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses, and of plans and specifications and other expenses necessary or incident to
Page 6754
determining the feasibility or practicability of the project; administrative expenses, and such other expenses as may be necessary or incident to the financing authorized by this Act; the acquisition and construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of athletic and recreation centers, facilities, and areas, including, but not limited to, golf courses, playgrounds, parks, hiking, camping and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, civic centers, stadiums, and related buildings, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; the acquisition of parking facilities or parking areas in connection therewith; the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable. (4) Revenue bonds, bonds, and obligations, as used in this Act, shall mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall mean obligations of the authority the issuance of which are specifically provided for in this Act.
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(5) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including the anticipated revenues and earnings from the lease of any project, and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of acquiring, operating, maintaining and 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 . The authority shall have powers: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority. If the authority shall deem it expedient to construct any property on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such lands or upon the receipt of such lawful consideration as may be determined by the parties to such conveyance. If the authority shall deem it expedient to acquire and construct any project on any lands, the title to which shall then be in the City of Calhoun, Gordon County, or any other municipality incorporated in said county, the governing authority or body of said county or any of the said municipalities is authorized to
Page 6756
convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyance or upon payment for the credit of the general funds of said county or municipalties of the reasonable value of such lands, such value to be determined by mutual consent of said county or municipality and the authority or by an appraiser to be agreed upon by the governing authority or body of said county or municipality and the chairman of the authority; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for the acquisition and construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, including contracts for acquiring, constructing, renting, and leasing of its projects for use of the City of Calhoun, Gordon County, or any municipality in Gordon County, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms, and corporations and 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 and the authority is specifically authorized to convey title in fee
Page 6757
simple to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia or the United States government, or any agency or department thereof, subject to the rights and interest of the holders of any of the bonds or obligations authorized to be issued pursuant to this Act, and by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in this Act; (6) To construct, erect, acquire, own, repair, remodel, maintai, 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 accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (9) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions which is
Page 6758
not in conflict with the Constitution and laws of this state; (11) The authority and the trustee acting under a trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created; (12) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the authority from a lease or leases entered into by the authority as the lessor and the City of Calhoun and Gordon County as the lessee; (13) To do all things necessary or convenient to carry out the powers expressly given in this Act; and (14) To advise the City of Calhoun on land acquisition, facilities development, and other matters relating to the provision of recreation and recreational opportunities to the citizens of the City of Calhoun and Gordon County. Section 5 . 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 at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as defined 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 for in this Act for such payment. The bonds of each issue shall be dated and shall bear interest at such rate or rates as determined by the authority, payable on such dates as determined by the authority. Principal on such bonds shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment
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as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36, the Revenue Bond Law, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. Section 6 . All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the state. Section 7 . The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. Section 8 . Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act and Article 3 of Chapter 82 of Title 36, the Revenue Bond Law. 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 9 . Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or the City of Calhoun, or a pledge of the faith and credit thereof; but such bonds shall be payable solely from the rentals, revenues, 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 revenue bonds shall not directly, indirectly, or contingently obligate the state or any political subdivision
Page 6760
thereof, including specifically said city, 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. However, the City of Calhoun and any other political subdivision contracting with the authority 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 10 . The revenues, 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 revenues, 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 the payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any 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. The use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the
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issuance of the bonds or in the trust instrument securing the payment of the same. Section 11 . The exercise of the powers conferred upon the authority in this Act 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 provided in this Act shall not include an exemption from sales and use tax on property purchased by or for the use of the authority. Section 12 . 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 13 . The property of the authority shall not be subject to levy and sale under legal process. Section 14 . 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 Gordon County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 15 . 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. 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
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State of Georgia or the United States government or any department or agency of the United States government, if subject to being sued and if consenting to same, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as part of the basis of the security for the payment of any such bonds of the authority. The bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the authority. Section 16 . While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and upon the issuance of bonds under the provisions of this Act shall constitute a contract with the holders of such bonds. Section 17 . All funds received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds or as revenue, rents, fees, charges, or other earnings, or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied by the authority solely as provided in this Act, 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.
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Section 18 . This Act and any other law enacted with reference to the Calhoun Recreation Authority shall be liberally construed for the accomplishment of its purposes. Section 19 . 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 20 . The scope of the authority's operation shall be limited to the territory embraced within Gordon County. Section 21 . Should the authority for any reason be dissolved after full payment of all bonded indebtedness incurred under the provisions of 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 Calhoun; 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 22 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 23 . All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice is hereby given that there will be introduced during the 1992 regular session of the General Assembly of Georgia a bill relative to the creation of the Calhoun Recreation Authority and for other purposes.
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This 10th day of February, 1992. John D. Meadows, III Mayor, City of Calhoun, Georgia 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: February 12, 1992. /s/ James Beverly Langford Representative, 7th District Sworn to and subscribed before me, this 19th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992. SAVANNAH DEVELOPMENT AND RENEWAL AUTHORITYCREATION. No. 1347 (House Bill No. 2077). AN ACT To create the Savannah Development and Renewal Authority; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation
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of the authority; to provide for the membership of the authority; to provide for appointment, terms, vacancies, qualifications, and compensation of members of the authority; to provide for expenses relating to members of the authority; to provide for the organization and meetings of the authority; to provide for reports; to provide the purposes for which the authority is created; to provide for contracts; to provide for the powers and duties of the authority; to provide that members of the authority shall be trustees; to provide for records and audits; to provide for certain exemptions from taxation, levy and sale, garnishment, and attachment; to provide the court in which actions against the authority may be brought; to provide for construction; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title. This Act shall be known and may be cited as the Savannah Development and Renewal Authority Act. Section 2 . Findings. (a) It is found, determined, and declared that the uptown business, residential, and institutional areas within the historic district of the City of Savannah and within other areas as specified by the mayor and aldermen and along the streets and highways that serve as entranceways into the City of Savannah are faced with urban blight and deterioration problems which include: (1) Vacant and dilapidated retail buildings; (2) Declining retail sales; (3) Deteriorated and dilapidated residential and commercial buildings; (4) Parking and traffic problems; (5) Loss of historic structures; (6) Inappropriate mixtures of land use; and
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(7) Aesthetic deterioration. (b) It is further found and determined that public and private agencies are less effective in dealing with the problems of economic decline and physical deterioration because programs are not coordinated, evaluated, and administered in a systematic manner under a comprehensive plan. (c) It is further found and determined that the citizens of Savannah are deeply concerned about these problems of blight and deterioration and seek a comprehensive approach in developing solutions to such problems. (d) Because of the findings and determinations described in subsections (a) through (c) of this section, it is further found that there is a need for the creation of a public authority to develop a comprehensive plan for public and private agencies of the City of Savannah to deal more effectively with the problems of blight and deterioration of the uptown business, residential, and institutional areas, other designated areas, and along the streets and highways that serve as entranceways into the City of Savannah. It is further found that such a public authority should cooperate with public and private agencies in implementing and carrying out such comprehensive plans and in providing oversight, evaluation, and coordination of the various programs and activities of such comprehensive plans, and that such public authority should exercise additional powers and duties as provided in this Act in connection with the development, implementation, and carrying out of such plans. (e) It is further found, declared, and determined that the creation of the public authority provided for in this Act and the carrying out of its corporate purposes are in all respects valid public purposes within the provisions of the Constitution of Georgia and that developing more effective methods, programs, and services to deal with the problems of blight and deterioration of uptown business, residential, and institutional areas, other designated areas, and along the streets and highways that serve as entranceways into the City of Savannah are of vital importance not only to Savannah but also to other communities
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throughout Georgia as a demonstration project for solving similar problems. Section 3 . Definitions. Unless the context clearly requires otherwise, as used in this Act, the term: (1) Authority means the Savannah Development and Renewal Authority created in this Act. (2) Mayor and Aldermen means the mayor and aldermen of the City of Savannah. (3) Public agency means any agency, board, commission, or department of the State of Georgia, the City of Savannah, Chatham County, or the United States. Section 4 . Savannah Development and Renewal Authority. (a) There is created a body corporate and politic to be known as the Savannah Development and Renewal Authority which shall be deemed to be an instrumentality of the state, a public corporation, and a public authority and by that name, style, and title may contract and be contracted with, sue in all courts and be sued in the Superior Court of Chatham County as provided in Section 12 of this Act. The authority shall have all rights afforded the state by virtue of the Constitution of the United States and nothing in this Act shall constitute a waiver of any such rights. The authority shall have perpetual existence. (b) The authority shall not be deemed to be the State of Georgia or a political subdivision of the state or an agency of the state or of a political subdivision of the state. Section 5 . Membership. (a) The authority shall be comprised of 25 members who shall be appointed by the mayor and aldermen of the City of Savannah. (b) Twelve members shall be appointed for initial terms of two years and 13 members shall be appointed for initial terms of four years. Successor to all such members and future successors shall be appointed for terms of four years. Any vacancy occuring
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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. (c) Each member of the authority shall be a resident of Savannah at the time of appointment and while holding office as a member of the authority. The mayor and aldermen may invite business, civic, educational, and neighborhood associations to suggest the names of persons as nominees for appointment to the authority but shall not be required to make appointments from such nominees. (d) Prior to the appointment of any member of the authority, the mayor and aldermen shall cause a notice to be published in a newspaper of general circulation in the City of Savannah and Chatham County. Such notice shall be in substantially the following form: The mayor and aldermen of the City of Savannah will appoint( Insert number )member(s) of the Savannah Development and Renewal Authority within not less than( Insert number )days from the publication of this notice. Any business, civic, educational, or neighborhood association and any resident of Savannah may suggest names of persons as nominees for appointment to the authority by submitting such names to the mayor and aldermen. (e) Members of the authority shall receive no compensation for serving on the authority but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties. Section 6 . Organization; meetings. (a) The organizational meeting of the authority shall be called by the mayor of the City of Savannah after all appointments to the authority have been made. At the organizational meeting, the authority shall elect from its own membership a chairman, vice-chairman, and secretary-treasurer. The terms of office of such officers and all other matters relating to the organization and rules of procedure of the authority shall be as determined by the authority, except as otherwise provided by subsections (b) and (c) of this section.
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(b) Thirteen 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. (c) The authority shall meet not less than one time during each calendar quarter on the call of the chairman of the authority. In the absence of the chairman, the vice-chairman may call a meeting of the authority and preside at meetings thereof. In the absence of the chairman and vice-chairman, the secretary-treasurer may call a meeting of the authority and preside at meetings thereof. The chairman or other officer of the authority authorized to call a meeting of the authority shall call such a meeting upon a written request being made by five or more members of the authority. (d) The authority shall prepare and submit to the mayor and aldermen of the City of Savannah an annual report at the end of each fiscal year or calendar year of the authority outlining the work of the authority and furnishing to such body a copy of its most recent annual independent audit of income and expenditures prepared in accordance with the requirements of Section 10 of this Act. Section 7 . Purposes. The authority is created for the following purposes: (1) To develop and recommend to the mayor and aldermen a comprehensive plan for the renewal, revitalization, and beautification of uptown business, residential, and institutional areas within the historic district of the City of Savannah and within other areas as specified by the mayor and aldermen and along the streets and highways that serve as entranceways into the City of Savannah; (2) To promote and advocate programs and activities needed within the designated areas to maintain, revitalize, and improve aesthetic, residential, and business quality and health within such areas;
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(3) To create, coordinate, and implement advertising and promotional activities and programs as appropriate within the areas designated by the mayor and aldermen; (4) To promote and facilitate participation in development projects to revitalize and strengthen the economic health of shopping areas in the areas designated by the mayor and aldermen; (5) To encourage and assist residential and business property owners in maintaining and improving their properties; (6) To assist business property owners in marketing and leasing their properties; (7) To assist property owners and prospective tenants in obtaining development loans; (8) To help implement revitalization and renewal plans within the areas designated by the mayor and aldermen; (9) To conduct and develop plans and design funding and implementation strategies for programs and improvements within the areas designated by the mayor and aldermen; and (10) To perform under contract with the city or other public or private agencies functions and services as appropriate for the maintenance, renewal, and development of the areas designated by the mayor and aldermen. Section 8 . Contracts for development, redevelopment, and promotion services. To the extent that a contract is entered into pursuant to the provisions of Section 7 of this Act, the authority shall have the power to provide such development, redevelopment, and promotion services on behalf of public or private agencies as may be reasonably necessary or desirable to carry out effectively programs and services called for by the comprehensive plan developed by the authority under paragraph (1) of
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Section 7 of this Act after it has been adopted by the mayor and aldermen. Section 9 . Powers and duties. In addition to any other powers and duties provided for by this Act and in order for the authority to carry out its purposes as described in this Act, the authority shall have the following powers and duties: (1) To have a seal and alter the same at its pleasure; (2) To acquire, hold, and dispose of in its own name, by purchase, gift, lease, or exchange, on such terms and conditions and in such manner and by such instrument as it may deem proper, real and personal property of every kind, character, and description, but the authority shall not have the power to acquire any real or personal property by condemnation or eminent domain; (3) To procure insurance against any loss in connection with property and other assets of the authority; (4) To exercise the power provided by Code Section 45-9-1 of the O.C.G.A. to procure policies of liability insurance or contracts of indemnity or to formulate sound programs of self-insurance to insure or indemnify members of the authority and its officers and employees against personal liability for damages arising out of the performance of their duties or in any way connected therewith to the extent that such members, officers, or employees are not immune from such liability; (5) To make contracts and to execute all instruments necessary or convenient in connection therewith; (6) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business; (7) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or
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services, with or without consideration, from any person, firm, corporation, foundation, or other entity or from the State of Georgia or any agency, instrumentality, or political subdivision thereof or from the United States or any agency or instrumentality thereof; (8) To the extent that a contract between the authority and a public or private agency provides therefor, to act as an agent for such public or private agency in any matter coming within the purposes or powers of the authority; (9) To select, appoint, and employ professional, administrative, clerical, or other personnel and to contract for professional or other services and to allow suitable compensation for such personnel and services; and (10) To do all things necessary or convenient to carry out the powers and purposes of the authority which are expressly provided for in this Act. Section 10 . Members as trustees. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall provide for an annual independent audit of income and expenditures. Section 11 . Charitable and public functions. Because the authority will be performing valuable charitable and public functions and purposes in the exercise of the powers conferred upon it, the authority shall be required to pay no taxes or other assessments by the state or by any county, municipality, authority, or political subdivision of the state upon any real or personal property acquired by it or upon its activities in the operation or maintenance of any facility maintained or acquired by it or upon any income received by the authority. The tax exemption provided for in this section shall not include any exemption from sales and use tax on property purchased by the authority. The said property, facilities, and income of the authority are exempt from levy and sale, garnishment, and attachment.
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Section 12 . Actions. Any action brought against the authority shall be brought in the Superior Court of Chatham County, and such court shall have exclusive original jurisdiction of such action. Section 13 . Liberal construction. Being for the welfare of the state and its inhabitants, this Act shall be liberally construed to effect the purposes of this Act. Section 14 . Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 Session of the General Assembly of Georgia, a bill to create the Savannah Uptown Development Authority and for other purposes. This 6th day of February, 1992. James B. Blackburn City Attorney 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: February 8, 1992. /s/ Jack Kingston Representative, 125th District
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Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992. CITY OF WALESKANEW CHARTER. No. 1348 (House Bill No. 2103). AN ACT To provide a new charter for the City of Waleska; 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 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 Waleska in Cherokee County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the City of Waleska. References in this charter to the city or this city refer to the City of Waleska. 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 alternations 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 Waleska, 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
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to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulations 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 qprohibit 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;
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(13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;
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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 plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities,
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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 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,
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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; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale,
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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
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exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL Section 2.10 . City council creation; composition; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. (b) The mayor and councilmembers shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of this city for 60 days 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
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3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11 . Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the City of Waleska shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he seeks election. (e) On the Tuesday next following the first Monday in November, 1993, and on that day every two years thereafter, there shall be elected a mayor and three councilmembers. On the Tuesday next following the first Monday in November, 1992, and on that day every two years thereafter, there shall be elected three councilmembers. It is the purpose of this section to provide a rotation system for the office of mayor and councilmembers. Each such officer shall take office on the first day of January immediately following such officer's 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.
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(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. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 2.13 . Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 2.14 . Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected. Section 2.15 . Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A. Section 2.16 . Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment
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or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose
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such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act. Section 2.17 . Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law.
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(b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By 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 Cherokee County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Cherokee County following a hearing on a complaint seeking such removal brought by any resident of the City of Waleska. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES Section 3.10 . General power and authority. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. Section 3.11 . Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.
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(b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council. Section 3.12 . Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 3.13 . Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.
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Section 3.14 . Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. Section 3.15 . Voting. (a) Except as otherwise provided in subsection (b) of this section, four councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 3.16 . Ordinances. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting caluse shall be The Council of the City of Waleska 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
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provided for in Section 3.18 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 3.17 . Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 3.18 . Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 3.19 . Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and
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filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 3.20 . Codification of ordinances. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Waleska, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.
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Section 3.21 . Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration. Section 3.22 . Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the council a recommended annual operating budget and recommended capital budget; (5) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (6) Call special meetings of the city council as provided for in Section 3.13 of this charter; (7) Participate in the discussion of all matters brought before the city council and vote on all such matters;
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(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. 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
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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 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 four members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 4.12 . City attorney. The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. The city council shall provide for the compensation of the city attorney. Section 4.13 . City clerk. The city council shall appoint a city clerk 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
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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 Municipal Court of the City of Waleska. Section 5.11 . Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the
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age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a 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. (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
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charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari
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shall be obtained under the sanction of a judge of the Superior Court of Cherokee 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
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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. 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
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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. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
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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 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
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fiscal year not later than the day of the first meeting in 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. (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,
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or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the day of the first meeting in January of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the 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 creating a charter for the Town of Waleska, approved November 13, 1889 (Ga. L. 1888-89, p. 1066), 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 1992 session of the General Assembly of Georgia a bill to provide a new charter for the City of Waleska; 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, methods 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 to a municipal court
Page 6808
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; and for other purposes. This 19 day of February, 1992. Honorable Steven 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: February 26, 1992. /s/ Steve Stancil Representative, 8th District Sworn to and subscribed before me, this 12th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992.
Page 6809
CITY OF VALDOSTABOARD OF EDUCATION; ELECTIONS; TERMS; VACANCIES; OFFICERS. No. 1349 (House Bill No. 2107). AN ACT To amend an Act which provides for the establishment of a public school system for the City of Valdosta, approved December 20, 1893 (Ga. L. 1893, p. 453), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4085), so as to change certain provisions relative to the election and terms of said members; to provide for filling of vacancies; to provide for officers of the board of education; to repeal Section 7 of said Act; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act which provides for the establishment of a public school system for the City of Valdosta, approved December 20, 1893 (Ga. L. 1893, p. 453), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4085), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. Be it further enacted, that said system of public schools shall be under the management of a board of education, consisting of nine members elected for terms of six years who shall be at least 18 years of age, residents of the City of Valdosta, and shall be elected by the qualified voters of said city in the next election to be held for the purpose of electing a mayor and council for said city in 1995. At such election six members of the board of education shall be elected and designated Posts 1, 2, 3, 4, 5, and 6. Posts 1, 2, and 3 shall be elected for terms of six years with the election of Posts 4, 5, and 6 to be for four years at the 1995 election and for six years at each succeeding election. The election for Posts 7, 8, and 9 shall take place at the election to be held for electing the mayor and council for the City of Valdosta in the year 1997. Thereafter, elections for expired posts shall be
Page 6810
held each two years at the election to be held for electing the mayor and council for the City of Valdosta. The members of the Board of Education for the City of Valdosta in office on the effective date of this section shall continue in office until the election and qualification of their successors as provided in this section. A quorum of said board of education should consist of a majority of the members. Vacancies occurring from the members of said board of education elected by the people shall be filled in accordance with paragraph (1) of subsection (a) of Code Section 20-2-54.1 of the O.C.G.A. The officers of the board shall be a chairman, a vice chairman, and secretary and treasurer. The office of secretary and treasurer shall be one office and shall be filled by the same person. Said secretary and treasurer shall give bond, payable to the board of education of said city and to be fixed by said board, conditioned for the safekeeping and proper disbursement of said school funds. His or her books shall always be open to the inspection of said board of education and his or her compensation shall be fixed by said board. Said board of education shall have regular monthly meetings, the time to be fixed by them, and shall meet as frequently as the public school interest may require. Their officers shall be elected by ballot and shall hold their offices for one year and until their successors are elected and qualified. The members of said board of education shall receive per diem expenses in accordance with Code Section 20-2-55 of the O.C.G.A. The secretary may or may not be a member of said board of education. Section 2 . Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof the following: Section 7. Reserved. Section 3 . All laws and parts of laws in conflict with this Act are repealed.
Page 6811
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be legislation introduced at the 1992 session of the General Assembly of Georgia for the purpose of conforming the date of election for the Board of Education of the City of Valdosta to the date of election for Mayor and Council of the City of Valdosta, to continue to provide for six (6) year terms and staggering elections, and for other purposes. Board of Education for the City of Valdosta, Georgia, By: Randall S. Acree MOSER ACREE ATTORNEY FOR THE BOARD OF EDUCATION FOR THE CITY OF VALDOSTA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tim Golden, who, on oath, deposes and says that he is Representative from the 148th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times, which is the official organ of Lowndes County, on the following date: January 9, 1992. /s/ Tim Golden Representative, 148th District
Page 6812
Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992. GRIFFIN-SPALDING COUNTY BOARD OF EDUCATIONDISTRICTS; COMPOSITION; ELECTIONS; TERMS. No. 1350 (House Bill No. 2112). AN ACT To amend an Act creating the Griffin-Spalding County School System, approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2563), as amended, particularly by a local constitutional amendment (Ga. L. 1982, p. 2680), so as to change the description of the districts from which are elected members of the Griffin-Spalding County Board of Education; to provide for definitions and inclusions; to provide for elections and terms and the composition of such board; to provide for effective dates; to provide for submissions 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 the Griffin-Spalding County School System, approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2563), as amended, particularly by a local constitutional amendment (Ga. L. 1982, p. 2680), is amended by adding immediately following Section 1 thereof the following sections:
Page 6813
Section 2. (a) For purposes of electing the ten members of the Griffin-Spalding County Board of Education, sometimes referred to in this Act as the `board' or `board of education,' the territory constituting the Griffin-Spalding County School District shall be divided into ten single-member districts as follows: District: 1 SPALDING COUNTY VTD: 0001 GRIFFIN ONE (Part) Tract: 1604. Block(s): 123B, 160B, 162B, 164C, 165, 248A, 251A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312 Tract: 1605. Block(s): 168, 169, 170, 171, 172 Tract: 1608. Block(s): 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 241, 242, 243, 244, 404, 405, 406, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 422, 423, 424, 425, 426, 427, 428, 429, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444 VTD: 0005 GRIFFIN FIVE (Part) Tract: 1604. Block(s): 122, 211, 212, 213, 215, 216, 217, 218, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248B, 249, 250, 251B, 252, 253, 254 Tract: 1605. Block(s): 147A, 148A, 162A, 163A, 165, 166, 167 Tract: 1607. Block(s): 520A, 521A, 522A, 523A, 526A, 527A, 528A, 528B, 529, 530A, 531, 532A, 532B Tract: 1608. Block(s): 401, 402, 403, 407, 408, 421B VTD: 0006 GRIFFIN SIX (Part) Tract: 1607. Block(s): 501, 502, 503, 504, 505, 506, 507, 510, 518, 519
Page 6814
Tract: 1608. Block(s): 245, 246, 247, 248, 309, 310, 311, 430, 445, 446, 447, 448, 449, 450, 451, 452, 453 Tract: 1612. Block(s): 205, 206 VTD: 0012 EXPERIMENT (Part) Tract: 1605. Block(s): 141, 142, 143, 144, 145, 146, 147B, 148B, 149, 150B, 162C, 163B, 164, 173B VTD: 0015 ORRS WEST (Part) Tract: 1607. Block(s): 530B, 532C, 532D Tract: 1612. Block(s): 321B, 407, 408, 409, 410, 411 District: 2 SPALDING COUNTY VTD: 0001 GRIFFIN ONE (Part) Tract: 1604. Block(s): 163B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414 Tract: 1608. Block(s): 201, 212, 213, 219, 220 VTD: 0002 GRIFFIN TWO (Part) Tract: 1603. Block(s): 213A, 214, 216A, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231 Tract: 1608. Block(s): 108A, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146 Tract: 1609. Block(s): 108B, 109, 110, 111, 112B, 113B, 114B, 115B, 116B, 118B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 431, 432, 438, 439, 440, 441 VTD: 0011 EAST GRIFFIN (Part)
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Tract: 1609. Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 112A, 113A, 114A, 115A, 116A, 117, 118A, 119, 120, 121, 122, 123, 124, 209 District: 3 SPALDING COUNTY VTD: 0003 GRIFFIN THREE (Part) Tract: 1609. Block(s): 214B, 214, 227B, 423, 424, 425, 426, 427, 428, 429, 430, 433, 434, 435, 436, 437, 501, 502, 503, 504, 505, 506, 507B, 507C, 508B, 509B, 510B, 511B, 512, 513, 514, 515, 516B, 517, 518B, 519 Tract: 1611. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228 Tract: 1612. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109 VTD: 0006 GRIFFIN SIX (Part) Tract: 1608. Block(s): 250, 303, 304, 305 Tract: 1612. Block(s): 201, 212, 213, 225, 301, 329, 330 VTD: 0007 GRIFFIN SEVEN (Part) Tract: 1611. Block(s): 229B, 240, 241 Tract: 1612. Block(s): 110, 111, 112, 113 VTD: 0011 EAST GRIFFIN (Part) Tract: 1609. Block(s): 206, 207, 208, 210, 211, 212, 213, 214A, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227A, 228, 229, 230, 231, 232, 233, 236, 247A, 248, 249, 250, 507A, 508A, 509A, 510A, 511A, 516A, 518A
Page 6816
District: 4 SPALDING COUNTY VTD: 0001 GRIFFIN ONE (Part) Tract: 1608. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 217, 218, 221, 222, 223, 236, 237, 238, 239, 240, 301, 302 VTD: 0006 GRIFFIN SIX (Part) Tract: 1607. Block(s): 508, 509, 511, 512, 513, 514, 515, 516A, 517A, 560, 561, 562 Tract: 1608. Block(s): 249, 306, 307, 308 Tract: 1612. Block(s): 202, 203, 204, 207, 208, 209, 210, 211, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 226, 227, 228, 229, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 313, 314, 315, 316, 317, 319, 320, 321A, 322, 323, 324, 325, 326, 327, 328, 406A VTD: 0015 ORRS WEST (Part) Tract: 1607. Block(s): 516B, 517B, 557, 558, 559 District: 5 SPALDING COUNTY VTD: 0002 GRIFFIN TWO (Part) Tract: 1603. Block(s): 208A, 232, 233, 234 VTD: 0005 GRIFFIN FIVE (Part) Tract: 1604. Block(s): 121 VTD: 0008 AFRICA (Part) Tract: 1603. Block(s): 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122 Tract: 1604. Block(s): 101, 102, 103, 104, 105, 114, 115, 116, 117, 118, 125, 126, 127, 128, 129, 130, 131, 166, 167, 168 VTD: 0010 CABIN (Part)
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Tract: 1602. Block(s): 163, 212, 213, 214 Tract: 1608. Block(s): 101, 102, 103, 104, 105, 106, 107, 108B VTD: 0012 EXPERIMENT (Part) Tract: 1603. Block(s): 201, 202, 203, 204, 205, 206, 207, 208B, 209, 210, 211, 212, 213B, 215, 216B Tract: 1604. Block(s): 119, 123A, 124, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160A, 161, 162A, 163A, 164A, 164B, 169, 170 District: 6 SPALDING COUNTY VTD: 0009 AKIN (Part) Tract: 1602. Block(s): 243, 244 Tract: 1610. Block(s): 103, 104, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 321, 324, 325, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390B VTD: 0010 CABIN (Part) Tract: 1602. Block(s): 101, 102, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242 Tract: 1610. Block(s): 101, 102, 105, 106, 107, 108, 109, 110, 111, 112, 115, 116, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128
Page 6818
VTD: 0011 EAST GRIFFIN (Part) Tract: 1610. Block(s): 113, 114, 117 District: 7 SPALDING COUNTY VTD: 0003 GRIFFIN THREE (Part) Tract: 1609. Block(s): 234C, 235C Tract: 1611. Block(s): 202A, 218A, 229A VTD: 0007 GRIFFIN SEVEN (Part) Tract: 1611. Block(s): 229C, 235A Tract: 1612. Block(s): 114, 115, 116, 117, 118, 119A, 123A, 124A, 124B, 125, 126 VTD: 0009 AKIN (Part) Tract: 1609. Block(s): 241 Tract: 1610. Block(s): 317, 318, 319, 320, 322, 323, 326, 327, 328, 329, 330, 331, 332, 333, 354, 355, 356A, 356B, 357, 358, 359, 360, 361, 362A, 362B, 363, 364, 365, 366A, 366B, 366C, 367A, 367B, 368, 369, 370, 371A, 371B, 371C, 372A, 372B, 373, 374, 375, 390A, 391, 392A, 392B, 393, 394A, 394B, 395, 396A, 396B, 397 Tract: 1611. Block(s): 201, 202B, 203, 218B, 229D, 230, 231, 232, 233, 234, 235B, 235C, 236, 237, 238, 239 VTD: 0011 EAST GRIFFIN (Part) Tract: 1609. Block(s): 201, 202, 203, 204, 205, 234A, 234B, 235A, 235B, 237, 238, 239, 240, 242, 243, 244, 245, 246, 247B VTD: 0015 ORRS WEST (Part) Tract: 1612. Block(s): 119B, 120, 121, 122, 123B, 312A, 312B, 401, 402, 403, 422, 423, 424, 425, 426, 428A, 428B, 429, 431, 440, 441, 442, 443, 444, 445, 446, 447
Page 6819
District: 8 SPALDING COUNTY VTD: 0005 GRIFFIN FIVE (Part) Tract: 1605. Block(s): 150A, 151A, 152A, 153A, 155, 160A, 161A, 162B, 174A, 174B, 174C, 175, 176, 177A, 177B Tract: 1607. Block(s): 524A VTD: 0006 GRIFFIN SIX (Part) Tract: 1612. Block(s): 405A VTD: 0012 EXPERIMENT (Part) Tract: 1605. Block(s): 151B, 152B, 173A Tract: 1607. Block(s): 520B, 521B, 522B, 523B VTD: 0013 LINE CREEK VTD: 0014 MOUNT ZION VTD: 0015 ORRS WEST (Part) Tract: 1605. Block(s): 160B, 161B, 178, 179 Tract: 1607. Block(s): 524B, 525, 526B, 527B, 533, 540, 548, 549, 550, 551 Tract: 1612. Block(s): 318, 404, 405B, 406B, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 427, 430, 432, 433, 434, 435, 436, 437, 438, 439, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461 VTD: 0016 UNION (Part) Tract: 1605. Block(s): 153B, 154, 156, 157 Tract: 1606. Block(s): 206, 207, 208, 209, 210, 211, 213, 214, 215, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 245, 246, 247, 248, 249, 250, 251, 252, 257, 258, 259, 260, 261, 273, 274
Page 6820
District: 9 SPALDING COUNTY VTD: 0005 GRIFFIN FIVE (Part) Tract: 1604. Block(s): 110B, 113B, 120B, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 214, 219 Tract: 1605. Block(s): 123A, 123B, 125, 126, 127A, 127B, 129A VTD: 0008 AFRICA (Part) Tract: 1603. Block(s): 107 Tract: 1605. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 131, 132, 133, 134, 135, 136, 137, 138 VTD: 0012 EXPERIMENT (Part) Tract: 1604. Block(s): 106, 107, 108, 109, 110A, 111, 112, 113A, 120A, 201A Tract: 1605. Block(s): 121, 122, 123C, 124, 128, 129B, 130, 140 VTD: 0016 UNION (Part) Tract: 1601. Block(s): 111, 112, 113, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 201, 202, 203, 204, 205, 206, 207, 208, 212, 213, 214, 218, 219, 220, 221 Tract: 1605. Block(s): 139 Tract: 1606. Block(s): 201, 202, 203, 204, 205, 212, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 241, 242, 243, 244, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 284, 285 District: 10 SPALDING COUNTY VTD: 0008 AFRICA (Part) Tract: 1601. Block(s): 101, 102, 103, 104A, 104B, 105A, 105B, 105C, 106, 107, 108, 109A, 119A, 122A, 123, 124,
Page 6821
125A, 125B, 125C, 126A, 126B, 127, 128A, 128B, 129A, 129B, 130, 131, 132, 133, 134, 135, 136, 145, 146, 147, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193 Tract: 1603. Block(s): 101, 102, 103, 104, 105, 106, 108, 109 Tract: 1605. Block(s): 101, 102, 103, 104 VTD: 0010 CABIN (Part) Tract: 1602. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 155, 156, 157, 158, 159, 160, 161, 162, 164, 165, 166, 167 VTD: 0016 UNION (Part) Tract: 1601. Block(s): 109B, 110, 114, 115, 116, 117, 118, 119B, 120, 121, 122B, 137, 138, 139, 140, 141, 142, 143, 144, 148, 149, 150, 151, 152, 164, 165, 166, 167, 209, 210, 211, 215, 216, 217 (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any board of education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD
Page 6822
as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of the Griffin-Spalding County School District which is not included in any board of education district described in this section shall be included within that board of education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of the Griffin-Spalding County School District which is described in this section as being included in a particular board of education district shall nevertheless not be included within such board of education district if such part is not contiguous to such board of education district. Such noncontiguous part shall instead be included within that board of education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 3. (a) Those members of the board of education elected in 1990 from Districts 1, 4, 7, 8, and 10, and any person selected to fill a vacancy in such office, shall serve out their terms of office, which shall expire December 31, 1994, and upon the election and qualification of their respective successors. (b) Those members of the board of education elected in 1988 from Districts 2, 3, 5, 6, and 9, and any person selected to fill a vacancy in such office, shall serve out their terms of office, which shall expire December 31, 1992, and upon the election and qualification of their respective successors. (c) Successors to the members of the board of education whose terms of office expire in 1992 or thereafter shall be elected from the newly described districts specified in Section 2 of this Act at the special election held at the time of the general primary election immediately preceding the
Page 6823
expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each and until their respective successors are elected and qualified. (d) For the period beginning January 1, 1993, and ending December 31, 1994, the board shall consist of those five members who were elected in 1992 from newly described Districts 2, 3, 5, 6, and 9 pursuant to subsection (c) of this section and those five incumbent members of the present board from Districts 1, 4, 7, 8, and 10 who are continuing to hold office pursuant to subsection (a) of this section. Those five incumbent members shall continue to represent the same numbered districts which they represented prior to January 1, 1993, but as newly described in Section 2 of this Act. (e) Pursuant to Article VIII, Section V, Paragraph IV of the Constitution, Section 2 of this Act and this section shall supersede those descriptions of the board of education districts contained in the local constitutional amendment (Ga. L. 1982, p. 2680) ratified in 1982 and shall further supersede only those other provisions of that amendment which are inconsistent with such Section 2 and this section. The provisions of this Act shall not be construed to alter the current method of electing the members of the board of education in nonpartisan elections. Section 2 . Those provisions of this Act relating to and necessary for the election of members of the Griffin-Spalding County Board of Education at the 1992 general primary election shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 1993. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Griffin-Spalding County Board of Education to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965,
Page 6824
as amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 1992 Session of the General Assembly of Georgia a Bill to change the areas and boundaries of the ten single-number, School Board, districts in Spalding County, with each district being represented by a member of the Griffin-Spalding County Board of Education; to repeal conflicting laws and for other purposes. This 17th day of February, 1992. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Suzi Herbert, who, on oath, deposes and says that she is Representative from the 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News, which is the official organ of Spalding County, on the following date: February 21, 1992. /s/ Suzi Herbert Representative, 76th District
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Sworn to and subscribed before me, this 12th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992. EAST POINT PARKING AUTHORITYMEMBERSHIP. No. 1351 (House Bill No. 2126). AN ACT To amend an Act to create the East Point Parking Authority, approved March 3, 1955 (Ga. L. 1955, p. 2481), so as to change the composition and appointment of membership on the 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 to create the East Point Parking Authority, approved March 3, 1955 (Ga. L. 1955, p. 2481), is amended by striking Section 2 in its entirety and inserting in lieu thereof the following: Section 2. (a) Membership. The authority shall consist of nine members, one of whom shall be the Mayor of the City of East Point, Georgia, or his designated nominee. (b) Qualifications. All persons who have resided within the limits of the City of East Point for at least six months shall be eligible for nomination and appointment to membership on the authority.
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(c) Composition and appointment. The remaining eight positions for membership on the authority shall be filled by members of the city council with each member of the city council being entitled to appoint in open meeting one person to the authority. Upon the enactment of this Act, the existing members shall continue to serve for the terms for which they were appointed; provided, however, that the initial two new appointments shall be appointed for terms to expire December 31, 1995. Thereafter, upon completion of a term of appointment, each successor shall be appointed for a four-year term and until their successors have been selected and appointed. Any member of the authority may be selected and appointed to succeed himself. All appointments shall be for a term commencing on January 1 and ending December 31. The members of the authority shall enter upon their duties immediately after such appointment. The authority shall elect one of its members to serve as vice chairman who shall be elected for a term of one year or until his successor is elected and qualified and annually thereafter the authority shall elect one of its members in the same manner for a one-year term. The authority shall also select a secretary-treasurer which secretary-treasurer need not necessarily be a member of the authority and, if not a member, he or she shall have no voting rights and said secretary-treasurer shall be selected to serve at the pleasure of the authority. No member of the authority shall hold more than one office except that of secretary-treasurer. Five members of the authority shall constitute a quorum. A majority of the members shall be empowered to exercise the rights and perform all the duties of the authority and no vacancies on the authority shall impair the right of the quorum to act. In the event of a vacancy on the authority through death, resignation, or otherwise, the same shall be filled for the unexpired term of the member ceasing to be a member of such authority for any reason by the mayor or that member of council who was entitled to originally make such appointment. The authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event that the number of members of the authority, the qualifications of the membership, or the manner in which the members of the authority shall be selected shall ever be the subject of change, the
Page 6827
same may be accomplished by an Act of the General Assembly of Georgia. (d) Compensation. Each member of the authority shall be compensated by the city at the rate of $50.00 per month; provided, however, that the member must attend at least one meeting per month to receive such compensation. Section 2 . This Act shall become effective upon its approval by the Governor. The provisions of Section 1 of this Act shall in no manner affect existing contracts and obligations. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION. Notice is hereby given that the City of East Point, Georgia, intends to apply for the passage of local legislation in 1992 Regular Session of the General Assembly of Georgia, which convenes in January, 1992. The title of the Bill to be introduced shall be as follows: AN ACT TO AMEND AN ACT ESTABLISHING THE EAST POINT PARKING AUTHORITY, ESTABLISHED BY THAT CERTAIN RESOLUTION OF THE CITY OF EAST POINT, GEORGIA FOR THAT ACT APPROVED March 3, 1955), GA. L. 1955, P. 2481); AND FOR OTHER PURPOSES. This 7th day of February, 1992. By: Frank E. Coggin, as Attorney for the City of East Point, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to adminsiter oaths, Dick Lane, who, on oath, deposes and says that he is Representative from the 27th District, and that the attached copy of Notice of Intention to
Page 6828
Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: February 19, 1992. /s/ Dick Lane Representative, 27th District Sworn to and subscribed before me, this 18th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992. HART COUNTY WATER AND SEWER UTILITY AUTHORITYCREATION. No. 1352 (House Bill No. 2141). AN ACT To create the Hart 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 provide for an attorney of the Authority; to provide for an audit; to 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
Page 6829
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 Hart 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 liberal construction; 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 Hart County Water and Sewer Utility Authority Act. Section 2 . Hart County Water and Sewer Utility Authority. (a) There is created a body corporate and politic, to be known as the Hart 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. (b) The Authority shall consist of five members who shall be appointed by the Board of Commissioners of Hart County. The initial members of the Authority shall be appointed by the Board of Commissioners of Hart County for a term of office expiring on March 1, 1994. The initial members of the Authority shall take office immediately upon their appointment
Page 6830
and qualification and shall serve until their respective successors are duly appointed and qualified. Successors shall be appointed by said Board of Commissioners of Hart County in the month of February immediately preceding the expiration of the members' terms of office on March 1 in even-numbered years and such successors shall take office on the second day of March for terms of two years and until successors are duly appointed and qualified. Members of the Authority may be selected and appointed to succeed themselves. 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 to be set by the board of commissioners not to exceed $1,200.00 per year, payable in equal monthly payments. The Authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the Authority. (c) To be eligible for appointment as a member of the Authority a person shall be at least 21 years of age, a resident of Hart County for at least three years prior to the date of appointment, and shall not have been convicted of a felony. (d) 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 county attorney for Hart County may serve as the attorney for the Authority. (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 Board of Commissioners of Hart County shall select and appoint a qualified person
Page 6831
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 Hart County, who is convicted of any act of misfeasance, malfeasance, or nonfeasance of 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. (g) There shall be an annual audit of the Authority to be conducted by a certified public accountant selected by the Board of Commissioners of Hart County. Section 3 . Definitions. (a) As used in this Act, the term: (1) Authority means the Hart County Water and Sewer Utility 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, 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 authorized by this Act, 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 cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
Page 6832
(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, inside and outside the territorial boundaries of Hart 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, inside and outside the territorial boundaries of Hart 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 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,
Page 6833
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: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the Authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;
Page 6834
(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, erected or acquired. Any and all persons, firms and corporations and any and all political subdivisions, departments, institutions or agencies of the state 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 undertaking 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 inside and outside the State of Georgia, and the Authority and public bodies including counties and cities outside the State of Georgia; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as defined 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
Page 6835
thereof or from the State of Georgia or any agency or instrumentality thereof; (7) 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; (8) 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; (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short term loans and approve, execute and deliver appropriate evidence of such indebtedness, provided, no such power is in conflict with the Constitution or general laws of this state; and (11) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5 . Revenue bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created 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 for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per
Page 6836
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 inside or outside this 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.
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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 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 Hart County nor a pledge of the faith and credit of said county, but such bonds shall be payable solely from the fund provided for by this Act and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate said county to levy or to pledge any form of taxation whatever therefor
Page 6838
or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 14 . Trust indenture as security. In the discretion of the Authority, any 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 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.
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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 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.
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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 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
Page 6841
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 Hart 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 Hart County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 21 . Interest of 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 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 revenue, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23 . Purpose of the Authority. (a) Without limiting the generality of any provision of this Act, the general purpose of the Authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such
Page 6842
water, and thereafter the distribution of the same to the various municipalities and citizens in Hart 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. (b) The Authority shall 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 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 provided by this Act to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of a water system, a sewerage system or a combined water and sewerage system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments or extensions thereto thereafter made.
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Section 25 . Rules and regulations for operation of projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed, 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 Hart 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 Hart County when in the performance of their public duties or work of the county. Section 27 . Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized 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 Hart County or any municipality located in Hart County 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.
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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 1992 session of the General Assembly of Georgia a bill to provide for the Hart County Water and Sewer Authority; and for other purposes. This 24th day of February, 1992. Alan T. Powell, Representative GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan T. Powell, who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun, which is the official organ of Hart County, on the following date: February 26, 1992. /s/ Alan T. Powell Representative, 13th District Sworn to and subscribed before me, this 18th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992.
Page 6845
DEKALB COUNTYHOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 1353 (House Bill No. 2151). AN ACT To provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a five-year phase in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; 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 DeKalb County School District, except for taxes to retire school bond indebtedness and taxes for fire protection services. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40. (3) Income means federal adjusted gross income, as defined in the Internal Revenue Code of 1986, as amended, from all sources and income derived from municipal bonds which is not included in federal adjusted gross income for federal income tax purposes. (4) Senior citizen means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made.
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Section 2 . Each resident of the DeKalb County School District who is a senior citizen is granted an exemption on that person's homestead from all DeKalb County School District ad valorem taxes for educational purposes as follows: (1) For the taxable year beginning on January 1, 1993, 20 percent of the full value of the homestead; (2) For the taxable year beginning January 1, 1994, 40 percent of the full value of the homestead; (3) For the taxable year beginning on January 1, 1995, 60 percent of the full value of the homestead; (4) For the taxable year beginning on January 1, 1996, 80 percent of the full value of the homestead; and (5) For all taxable years beginning on or after January 1, 1997, 100 percent of the full value of the homestead, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $50,000.00 for the immediately preceding taxable year. For taxable years beginning on or after January 1, 1994, the amount of such income qualification shall be adjusted annually by the tax commissioner of DeKalb County in a percentage amount equal to the most recently available federal Social Security Cost of Living Adjustment percentage. Section 3 . The tax commissioner of DeKalb 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 initial and continuing eligibility of the owner for the exemption. Section 4 . The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption
Page 6847
under this Act to notify the tax commissioner of DeKalb County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Section 5 . The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to DeKalb County School District ad valorem taxes for educational purposes. Section 6 . The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1993. Section 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the DeKalb County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 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 DeKalb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead, after a five-year phase in period, for that school district for certain residents of that district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00 and which provides for annual adjustments in the
Page 6848
amount of that income limitation? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 6 shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1993. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by DeKalb County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 8 . Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide a homestead exemption from certain DeKalb County school district ad valorem taxes for educational purposes for senior citizens to be phased in over a period of three or more years; to provide for limitations and qualifications with respect to age and income; to provide for definitions; to specify the terms, conditions, and procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to provide for all related matters; and for other purposes.
Page 6849
This 6th day of March, 1992. Honorable Betty Jo Williams Representative, 48th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Betty Jo Williams, who, on oath, deposes and says that she is Representative from the 48th 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: March 12, 1992. /s/ Betty Jo Williams Representative, 48th District Sworn to and subscribed before me, this 19th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992. DEKALB COUNTYDEKALB AD VALOREM TAX SURVEY COMMISSION; CREATION. No. 1354 (House Bill No. 2169). AN ACT To create the DeKalb Ad Valorem Tax Survey Commission; to provide for appointment, compensation, powers, and duties of the commission; to provide for cochairmen; to provide for staff; to provide for submission of the commission's findings; to
Page 6850
provide for abolition of the commission and repeal of this Act; to repeal conflicting laws; and for other purposes. WHEREAS, special services tax districts were authorized and created in each municipality within DeKalb County pursuant to an amendment to the Constitution of the State of Georgia ratified at the November general election of 1978 and set forth in Ga. L. 1978, p. 2468; and WHEREAS, pursuant to the authority contained in such amendment, certain requirements and limitations upon ad valorem taxation levied by DeKalb County were imposed by an Act approved April 12, 1982 (Ga. L. 1982, p. 4396), as amended; and WHEREAS, it is in the best interest of the citizens of DeKalb County that equitable taxation based on services provided be utilized in conducting the public affairs of the county; and WHEREAS, the 1982 Act established adjusted ad valorem tax millage rates for district studies based on studies conducted prior to 1982 which may no longer reflect services provided; and WHEREAS, a systematic review and analysis should be undertaken respecting the municipal and county taxation and the provision of services and recommendations prepared with respect thereto. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The DeKalb Ad Valorem Tax Survey 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) Two members to be appointed by the DeKalb County Municipal Association;
Page 6851
(3) Two members to be appointed by the Board of Commissioners of DeKalb County; (4) Two members to be appointed by the chairman of the DeKalb County delegation in the House of Representatives; and (5) Two members to be appointed by the chairman of the DeKalb County delegation in the Senate. Section 2 . All members of the commission shall be appointed by May 1, 1992. 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 cochairmen of the commission. The organizational meeting shall be held at the call of the cochairmen. 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 provisions of the state Constitution and state and local laws; the various services rendered by the DeKalb County government and by local governing authorities; delivery of services; existing adjusted ad valorem tax millage rates for district services and their relationship to services provided within such districts by the county; special services tax districts; and intergovernmental relations. Section 4 . The commission shall complete its study and submit its recommendations to the chief executive officer
Page 6852
and the 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 January 1, 1993. The commission shall stand abolished and this Act shall be repealed on January 1, 1993. Section 5 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to create the DeKalb Ad Valorem Tax Survey Commission; and for other purposes. This 19th day of March, 1992. 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: March 19, 1992. /s/ C. Dean Alford Representative, 57th District
Page 6853
Sworn to and subscribed before me, this 23rd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992. TOWNS COUNTYBOARD OF EDUCATION; APPOINTMENT; REFERENDUM. No. 1355 (House Bill No. 2177). AN ACT To change the manner of selecting the members of the Board of Education of Towns County; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The Board of Education of Towns County shall be composed of five citizens of said county appointed by the grand jury as hereinafter provided. Section 2 . (a) In appointing the members of said board of education, the grand jury shall be required to appoint such members so that each of the following militia districts shall have a resident of the district serving on the board: (1) Militia District 833 (Macedonia) and Militia District 1581 (Tate City) (2) Militia District 1468 (Young Harris)
Page 6854
(3) Militia District 990 (Hiawassee) (b) The grand jury shall make appointments such that, after the first three appointments following the effective date of this Act, the board of education shall have the appropriate membership as required in subsection (a) of this section. (c) The members of the board of education appointed by the grand jury prior to the effective date of this Act shall continue to serve out the terms of office to which they were appointed. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Towns County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Towns County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the general 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 Towns County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing that the board of education of Towns County shall have continuing representation from Militia District 833 (Macedonia) and Militia District 1581 (Tate City), Militia District 1468 (Young Harris), and Militia District 990 (Hiawassee) 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
Page 6855
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 Towns County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4 . This section and Section 3 of this Act shall become effective upon the approval of this Act by the Governor or upon this Act's becoming law without such approval. The remaining sections of this Act shall become effective as provided in Section 3 of this Act. 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 1992 session of the General Assembly of Georgia a bill to change the manner of selecting members of the board of education of Towns County; and for other purposes. This 20 day of February, 1992. Honorable Ralph Twiggs Representative, 4th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Towns County Herald, which is the official organ of Towns County, on the following date: February 20, 1992.
Page 6856
/s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 23rd day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992. COFFEE COUNTYBOARD OF EDUCATION; DISTRICTS; ELECTIONS. No. 1356 (House Bill No. 2138). AN ACT To amend an Act establishing a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), so as to change and reapportion the education districts; to provide for definitions and inclusions; to provide that members of the board shall complete the terms for which they were elected; to provide for related matters; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to invalidate certain certifications of political party candidates and certain notices of candidacy in the event of a certain contingency; to provide for a special primary, run-off election, and election; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441),
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is amended by striking Sections 1 and 2 in their entirety and inserting new sections to read as follows: Section 1. (a) The board of education of Coffee County shall be composed of five members. (b) For purposes of electing the members of the board of education, Coffee County shall be divided into five education districts as follows: Education District: 1 COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9907. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 219, 220, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 239, 240, 241, 242, 243, 244, 245, 253, 254 Tract: 9908. Block(s): 112A, 114A, 123A, 124A, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 201A, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 401, 402, 403A, 403B, 403C, 404, 405A, 405B, 405C, 406, 407, 408, 409, 410 Education District: 2 COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9901. Block(s): 389 Tract: 9902.
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Block(s): 213, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282 Tract: 9904. Block(s): 201, 202, 203, 204A, 204B, 205, 235 Tract: 9908. Block(s): 122, 136, 137, 501, 502, 503, 504, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570 VTD: 0004 BROXTON (Part) Tract: 9901. Block(s): 301, 302, 303, 304, 335B, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348B, 349B, 380B, 382B, 383, 384, 385, 386, 387, 388 Tract: 9902. Block(s): 111, 112, 113, 116, 205, 206, 207, 208, 209, 210, 211, 212, 214, 215, 216, 217 VTD: 0005 NICHOLLS VTD: 0006 WEST GREEN Education District: 3 COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9905. Block(s): 135A, 136, 137, 138, 139, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 325, 329, 330, 332, 333, 334, 335, 336, 337A, 338A, 338B, 339A, 339B, 340A, 340B, 341, 342, 343, 344, 345, 346A, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367 Tract: 9906. Block(s): 301, 303, 330, 333, 334, 335, 336, 337, 338, 339 Tract: 9907. Block(s): 201, 202, 203, 204, 205, 206, 207A, 207B,
Page 6859
208, 209, 210, 211, 212, 213A, 213B, 214, 215, 216, 217, 218, 221, 236, 237, 238, 246, 247, 248, 249, 250, 251, 252, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 301A, 301B, 302, 303A, 303B, 304A, 304B, 305, 306, 307, 308, 309A, 309B, 310, 311, 312, 313, 314A, 314B, 315A, 315B, 316, 317, 318A, 318B, 318C, 319, 320, 321, 322A, 322B, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361 Tract: 9908. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 114B, 115, 116, 117, 118, 119, 120, 121, 123B, 124B, 134B, 135, 411, 412, 413, 414, 415, 416, 505, 506, 507, 508 VTD: 0002 AMBROSE (Part) Tract: 9906. Block(s): 302, 304, 305, 306, 326, 327, 328, 329, 331, 332 VTD: 0003 BRIDGETOWN (Part) Tract: 9906. Block(s): 363, 364, 365, 366, 367, 368, 369, 370, 371, 372 Education District: 4 COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9904. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169A, 169B, 170, 171, 172, 173, 174, 175, 176, 206A, 206B, 207A, 207B, 208A, 208B, 209A, 209B, 209C, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 222, 223A, 223B, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234,
Page 6860
236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430 Tract: 9905. Block(s): 124, 125, 126A, 129, 130, 131, 132A, 132B, 133, 134, 135B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 337B, 346B Tract: 9908. Block(s): 109, 110, 111, 112B, 113, 201B, 204, 205, 206, 207, 301, 302, 303, 304, 305, 306, 307, 308 Education District: 5 COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9901. Block(s): 272, 273 Tract: 9905. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 126B, 127, 128, 140, 141, 301, 302, 303, 304, 305, 306, 307, 308, 309, 321, 322, 323, 324, 326, 327, 328, 331, 368, 369 Tract: 9906. Block(s): 162, 236, 237, 238, 249, 250, 251, 295, 296, 297 VTD: 0002 AMBROSE (Part) Tract: 9901. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225 Tract: 9906.
Page 6861
Block(s): 101, 102, 103, 104, 105, 106A, 106B, 107, 108, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138A, 138B, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 163, 164, 165, 166, 167A, 167B, 167C, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180A, 180B, 181, 182, 183, 184, 185, 186, 187, 188A, 188B, 189, 190A, 190B, 191A, 191B, 192A, 192B, 193, 194A, 194B, 195A, 195B, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 322, 323, 324, 325, 373, 374 VTD: 0003 BRIDGETOWN (Part) Tract: 9906. Block(s): 318, 319, 320, 321, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362 VTD: 0004 BROXTON (Part) Tract: 9901. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194A, 194B, 195, 196, 197, 201A, 201B, 202, 203, 204, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236,
Page 6862
237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 256A, 256B, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 274, 275, 276, 277, 278, 279, 280, 281, 282, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333, 334, 335A, 348A, 349A, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368A, 368B, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380A, 381, 382A (c) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event of any change in the bounds of a precinct or in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Coffee County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according
Page 6863
to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Coffee County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2. (a) Each member of the board of education must be a resident of the education district which the member represents during the member's entire term of office and at the time of such member's election must have been a resident of the territory embraced within such education district for at least one year. In the event a member of the board of education moves such member's residence from the education district such member represents during the member's term of office, such office immediately shall become vacant. (b) Each person offering for election as a member of the board of education shall specify the education district for which the person is offering, and each member of the board of education shall be elected only by the voters within each respective education district. (c) Members of the board of education shall be elected for terms of four years and until their successors are duly elected and qualified. (d) Unless a vacancy in office occurs because a member of the board moves his or her residence from the district or for any other reason as provided by law, the members of the board of education of Coffee County shall complete the terms of office for which they were elected and serve until their successors are elected and qualified, notwithstanding the changes in education districts based on the 1990 census in this amendatory Act. The terms of members of the board shall be as follows:
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(1) Effective January 1, 1993, the members representing Education Districts 1, 2, and 4 shall be the members of the board who formerly represented Education District 1, 2, and 4 and who were elected at the general election of 1990 in accordance with NAACP Branch of Coffee County, et al. v. John Moore, etc., et al. , Civil Action No. 577-25 in the United States District Court for the Southern District of Georgia, or who were elected to fill a vacancy created by any of such members. Said members so elected shall complete the terms of office to which they were elected, which shall expire on December 31, 1994. Their successors shall be elected at the general election of 1994 and shall take office on January 1, 1995, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified; and (2) Candidates to represent Education Districts 3 and 5 shall be nominated at a special primary to be held on the date of and in conjunction with the general primary election in 1992. Members to represent such education districts shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for terms of four years and until their successors are elected and qualified, and shall take office on January 1, 1993. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Coffee County shall conduct a special primary election on the date of and in conjunction with the general primary election in 1992, after issuing the call for such special primary election as provided by law. If necessary, a special primary run-off election
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shall be held as provided by law. The election superintendent shall conduct a special election on the date of and in conjunction with the general election in November, 1992, after issuing the call for such special election as provided by law. Section 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Coffee County board of education to submit this Act to the United States Attorney General for approval. If, as of June 15, 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. If implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, on or before June 15, 1992, the following shall be void: (1) the certification of political party candidates who qualified for party nomination for the office of member of the board in the general primary; (2) notices of candidacy for the office of member of the board in the general election; and (3) notices of intention of candidacy for the office of member of the board by write-in candidates. Only candidates who have been certified by a political party as qualified for party nomination for the office of member of the board in the special primary shall be eligible to run in the special primary. Only candidates nominated for the office of member of the board in the special primary, candidates who have filed notices of candidacy for the office of member of the board in the special election, and write-in candidates for whom notice of intent of candidacy for the office of member of the board has been given shall be eligible to run in the special election for the office of member of the board. Section 4 . Provisions of this Act reasonably necessary to elect members of the board of education of Coffee County in 1992 shall become effective upon approval of the Act by the Governor or upon its becoming law without such approval. All other provisions of this Act shall become effective January 1, 1993. Section 5 . All laws and parts of laws in conflict with this Act are repealed.
Page 6866
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to change the education districts of the board of education of Coffee County and for other purposes. This the 9th day of March, 1992. Honorable Van Streat, Sr., Representative, 139th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Van Streat, Sr., who, on oath, deposes and says that he is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas Enterprise, which is the official organ of Coffee County, on the following date: March 11, 1992. /s/ Van Streat, Sr. Representative, 139th District Sworn to and subscribed before me, this 18th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992.
Page 6867
STEWART COUNTY SOLID WASTE AUTHORITYCREATION. No. 1357 (House Bill No. 2164). AN ACT To create the Stewart County Solid Waste Authority; to provide for a short title; to provide for the membership of the authority and its rules, quorum, organization, meetings, and vacancies thereon; to provide for members of the authority and their appointments, terms, qualifications, and expenses; to provide for definitions; to provide for the powers, duties, and purposes of the authority; to provide for revenue bonds, trust indentures, and sinking funds; to provide for bond validations; to provide that certain credit shall not be pledged; to provide for exemption from taxation; to provide for bond proceeds; to provide for remedies and interest of bondholders; to provide for refunding bonds; to provide for venue and jurisdiction; to provide for moneys received and for rates, charges, and revenues; to provide for immunity; to provide for rules and regulations; to provide for supplemental powers; to provide for severability; to provide for the effect on other governments; to provide for construction; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title. This Act shall be known and may be cited as the Stewart County Solid Waste Authority Act. Section 2 . Stewart County Solid Waste Authority. (a) There is created a body corporate and politic, to be known as the Stewart County Solid Waste 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 6868
(b) The authority shall be composed of seven members. One member shall be appointed by the governing authority of the City of Omaha who shall serve for an initial term of one year. One member shall be appointed by the governing authority of the City of Lumpkin who shall serve for an initial term of two years. Five members shall be appointed by the governing authority of Stewart County who shall serve for initial terms of three years. Successors to the initial members of the authority shall serve for terms of three years. The terms of all members shall begin on July 1 and shall run until June 30 of the year of expiration and until their successors are appointed and qualified. Successors shall be appointed in the same manner as the initial members in the month of June immediately preceding the expiration of a member's term of office. Any member of the authority may be selected and appointed to succeed himself. As of July 1, 1992, the members of the authority shall enter upon their duties. The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the authority. (c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and a resident of the appointing political subdivision for at least one year prior to the date of his appointment and shall not have been convicted of a felony. (d) The members of the authority shall in July of each year elect one of their number as chairman. Also, the members of the authority shall elect one of their number as vice chairman, shall elect one of their number as secretary, and may also elect one of their number as treasurer. The secretary may also serve as treasurer. Each of said officers shall serve for a period of one year and until his or her successor is duly elected and qualified. The chairman of the authority shall be eligible to vote upon any issue, motion, or resolution. (e) Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of
Page 6869
the quorum to exercise all of the rights and perform all of the duties of the authority. (f) In the event of a vacancy for any reason, the governing authority of the political subdivision the vacant position represented 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 to a felony offense or who is placed on probation under the act for first offenders after entering a plea to a felony offense or to any offense involving moral turpitude; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of his duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three months without an excuse approved by a resolution of the remaining members of the authority. (g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Stewart County or residents of any area affected by the actions of the authority. (h) No member or employee of the authority shall have directly or indirectly any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property, real or personal, to or from the authority. Section 3 . Definitions. As used in this Act, the term: (1) Authority means the Stewart County Solid Waste Authority created by this Act. (2) Cost of the project means and embraces all cost associated with any project constructed or contemplated by the authority. These costs include but are not limited to the following: 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,
Page 6870
and for one year after completion of construction, the cost of engineering, architectural, surveyors, fiscal agents, and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of any proposed project, 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 of the same in operation and maintaining the operation of any project; and the cost of condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) `Project' shall be deemed to mean and include the acquisition, construction, and equipping of solid waste facilities for collection and disposing of solid waste from solid waste generators, including, but not limited to, the State of Georgia and counties and municipalities, for the purpose of disposal, recycling, composting, inside and outside the territorial boundaries of Stewart County, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure adequate solid waste disposal sites 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 land fields, incinerators, recycling facilities, composting, inside and outside the territorial boundaries of Stewart County, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate disposal system deemed by the authority necessary for the efficient operation of a solid waste management system.
Page 6871
(4) Revenue bonds and bonds mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as now or hereafter amended, known as the Revenue Bond Law, and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are specifically provided for in this Act. (5) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 4 . Powers. The authority shall have the following powers: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of the same in any manner it deems to the best advantage of the authority. The authority shall be under no obligation to accept and pay for any property condemned under this Act except from the funds provided
Page 6872
under the authority of this Act, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act which is owned by a municipality or upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensation; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which the authority causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, other political subdivisions, and to the authority to enter into contracts, lease agreements, or other undertakings relative to the disposal of solid waste and related services and facilities by the authority to such municipal corporations, counties, and political subdivisions for a term not exceeding 50 years. Likewise, without limiting the generality of the foregoing, the same authority granted by this Act 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 inside and outside the State of
Page 6873
Georgia, and between the authority and public bodies, including counties and cities outside the State of Georgia; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (9) To borrow money for any of the authority's corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and to approve, execute, deliver, or accept appropriate evidence of any such indebtedness; provided, however, that no such power is in conflict with the Constitution or general laws of this state; and (11) To do all things necessary or convenient to carry out the powers expressly given in this Act.
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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 power and is authorized at one time, or from time to time, to borrow money for the purpose of paying all or any part of the cost, as defined in this Act, of any one or more projects and to provide by resolution for the issuance of negotiable revenue bonds for that purpose. The principal of and interest of such revenue bonds shall be payable solely from the special fund provided in this section for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Section 6 . Same; form; denominations; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 7 . Same; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairman and the secretary of the authority. Any coupon may bear the facsimile
Page 6875
signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Section 8 . Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall 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 interests 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 definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 11 . Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 12 . Same; conditions precedent to issue. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted,
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and any such resolutions may be passed at any regular or special meeting of the authority by a majority of its members. Section 13 . Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Stewart County nor pledge of the faith and credit of said county; but such bonds shall be payable solely from the fund provided for in this Act, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 14 . Trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank inside or outside the state having the power of a trust company. Such trust indenture may pledge or assign fees, tolls, charges, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys; 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 who are 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 any 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
Page 6877
the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of private corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. 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 provided for in 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, charges, and earnings derived from any particular project or projects, regardless of whether or not such fees, tolls, charges, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust indenture may provide, and such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payments of: (1) The interest on such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due;
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(3) The necessary charges of paying agents for paying principal, interest, and other investment charges; and (4) Any premium upon bonds retired by call or purchase as provided by 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 any 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 any trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. Section 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 provided for in this Act may be restricted by resolution passed before the issuance of the bonds or by any trust indenture, may, either at law or in equity, by 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 issue of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon 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,
Page 6879
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. All bonds issued by 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. The petition for validation shall also make party defendant to such action in 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 payments thereof and interest thereon and against the authority issuing the same and the state and any municipality, if a party to the validation proceedings, contracting with the said Stewart County Solid Waste Authority. Section 19 . Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Stewart County, Georgia; and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in such court which shall have exclusive, original jurisdiction of such actions. Section 20 . Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be
Page 6880
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 21 . 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 22 . 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 developing, constructing, and operating, by any means lawful, sites to dispose of solid waste. The disposition of solid waste shall be as determined by the board of the authority and shall include, but not be limited to, burying, incineration, recycling, and composting. The services offered by the authority shall be offered to the various municipalities and citizens in Stewart County and environs, including other counties and municipalities located therein, provided that this Act shall not affect the City of Richland or its citizens and the authority shall not be authorized to operate within, construct, maintain, or operate any project within, serve, acquire any property within the corporate limits of, or contract with the City of Richland. The authority may have as a general purpose the gathering of waste, both individual and industrial; but such general purpose shall not adversely affect or limit the ability of the authority to dispose of the solid waste of the citizens of Stewart County or of the municipalities therein. 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. Section 23 . 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
Page 6881
project, to issue revenue bonds as provided in this Act to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any solid waste disposal site or method now known or in the future discovered, to handle and dispose of solid waste 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 24 . 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 solid waste shall be disposed of, transported, or collected. The authority shall have the right to contract with another entity to operate, manage, and construct facilities or supervise the disposal of solid waste with the same rights granted to the authority in this Act. Section 25 . Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Stewart County; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Stewart County when in the performance of their public duties or work of the county. Section 26 . Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized 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 27 . 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,
Page 6882
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 28 . Effect on other governments. This Act shall not and does not in any way take from Stewart County or any municipality located therein or any adjoining county the authority to own, operate, and maintain a solid waste disposal system, or to issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. Section 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 . Effective date. This Act shall become effective July 1, 1992, except that those parts of this Act relating to and necessary for appointing the initial members to the authority shall become effective June 1, 1992. Section 31 . 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 1992 session of the General Assembly of Georgia a bill providing for a Solid Waste Authority for Stewart County. This 16th day of March, 1992. GERALD E. GREENE Representative, 130th District
Page 6883
GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal, which is the official organ of Stewart County, on the following date: March 19, 1992. /s/ Gerald Greene Representative, 130th District Sworn to and subscribed before me, this 19th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992. CITY OF WARNER ROBINSCORPORATE LIMITS. No. 1358 (House Bill No. 2159). 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:
Page 6884
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 are the following described tracts of land, to wit: (1) All that tract or parcel of land situate, lying and being in Houston County, Georgia, being more particularly described as follows: BEGINNING AT POINT on the westerly right of way of Georgia Highway 247 where the right of way of Industrial Park Blvd. intersects therewith, thence in a generally northerly direction along the westerly right of way of Georgia Highway 247 to a point where the westerly right of way of Georgia Highway 247 intersects with the northerly right of way of Bargain Road; thence extending immediately east across the right of way of Georgia Highway 247 to a point on the easterly right of way of Georgia Highway 247; thence in a generally southerly direction along the easterly right of way of Georgia Highway 247 to a point immediately east of the point of beginning; thence immediately west across the right of way of Georgia Highway 247 to a point being the POINT OF BEGINNING. (2) All that tract or parcel of land situate, lying and being in Houston County, Georgia, being more particularly described as follows: BEGINNING AT A POINT on the westerly right of way of Houston Lake Blvd. where the southerly line of the limits of the City of Warner Robins intersects therewith, thence in a generally southerly direction along the westerly right of way of Houston Lake Blvd. to a point where Sandy Run Creek intersects therewith; thence continuing in an easterly direction across the right of way of Houston Lake Blvd. to a point where the easterly right of way of Houston Lake Blvd. intersects with Sandy Run
Page 6885
Creek; thence in a generally northerly direction along the right of way of Houston Lake Blvd. to a point immediately east of the point of beginning; thence west across Houston Lake Road to a point being the POINT OF BEGINNING. (3) All that tract or parcel of land situate, lying and being in Houston County, Georgia, being more particularly described as follows: BEGINNING A POINT where the westerly right of way of Moody Road intersects with the southerly line of the city limits of Warner Robins, thence in a generally northerly direction along the westerly right of way of Moody Road to a point where the westerly right of way of Moody Road intersects with the southerly right of way of Feagin Mill Road; thence immediately east across the right of way of Moody Road to a point on the easterly right of way of Moody Road; thence in a generally southerly direction along the easterly right of way of Moody Road to a point immediately east of the point of beginning; thence immediately west across the right of way of Moody Road to a point being the POINT OF BEGINNING. (4) All that tract or parcel of land situate, lying and being in Houston County, Georgia, being more particularly described as follows: BEGINNING AT A POINT on the westerly right of way of Houston Lake Road where the northerly line of property now or formerly owned by Roger K. Alligood, Sr. intersects therewith, thence in a generally southerly direction along the easterly line of said Alligood property to point where the easterly line of the city limits of Warner Robins intersects therewith; thence east across the right of way of Houston Lake Road to a point on the easterly right of way of Houston Lake Road; thence in a generally northerly direction along the easterly right of way of Houston Lake Boulevard to a point where the southerly line of the city limits of Warner Robins intersects therewith; thence immediately west across the right
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of way of Houston Lake Boulevard to a point being the point of beginning. (5) All that tract or parcel of land situate, lying and being in Houston County, Georgia, being more particularly described as follows: Commencing at a point on the northerly right of way of Booth Road 547.6 feet east of the intersection of Russell Parkway and Booth Road; thence north 3003[UNK]05 east a distance of 150.64 feet to the POINT OF BEGINNING; thence north 0017[UNK]55 west a distance of 109.96 feet to a point on the southerly right of way of Russell Parkway; thence north 8942[UNK]05 east a distance of 64.47 feet to a point on the southerly right of way of Russell Parkway; thence south 3005[UNK]05 west a distance of 127.47 feet to a point being the POINT OF BEGINNING. (6) All that tract or parcel of land situate, lying and being in Houston County, Georgia, being more particularly described as follows: BEGINNING AT A POINT where the easterly right of way of Brady Drive intersects the southerly right of way of Woodlawn Trail, thence in a generally southerly direction along the easterly right of way of Brady Drive to a point where the southerly right of way of Riviera Drive intersects therewith; thence in a generally easterly direction across the right of way of Brady Drive to a point where the southerly right of way of Riviera Drive intersects with the westerly right of way of Brady Drive; thence in a generally northerly direction along the westerly right of way of Brady Drive to a point immediately west of the point of beginning; thence immediately east across the right of way of brady Drive to the POINT OF BEGINNING. (7) All that tract or parcel of land situate, lying and being in Houston County, Georgia, being more particularly described as follows:
Page 6887
Commencing at a point where the southerly right of way of Centerville-Elberta Road intersects with the easterly right of way of East Side Drive and proceeding south 8910[UNK]10 east a distance of 140 feet to the POINT OF BEGINNING; thence proceeding south 8910[UNK]10 east a distance of 20.02 feet; thence proceeding along the southerly right of way of Centerville-Elberta Road along the arc of the curve, the radius of which is 707.69 feet, a distance of 100 feet to a point; thence south 0855[UNK]36 west a distance of 155.1 feet; thence south 8954[UNK]30 west a distance of 95.45 feet; thence north 0005[UNK]33 west a distance of 160.2 feet to the POINT OF BEGINNING. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 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 18th day of February, 1992. 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
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Houston Home Journal, which is the official organ of Houston County, on the following date: February 22, 1992. /s/ Roy H. Watson, Jr. Representative, 114th District Sworn to and subscribed before me, this 19th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992. CITY OF BUFORDCORPORATE LIMITS. No. 1359 (House Bill No. 2147). 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, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5386), and an Act approved April 4, 1991 (Ga. L. 1991, p. 4315), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a new charter for the City of Buford, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 953), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5386), and an Act approved April 4, 1991 (Ga. L. 1991, p. 4315), is amended by adding at the end of Section 2 the following:
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Any other provision of this section to the contrary notwithstanding, the following described properties are included within the boundaries of the City of Buford: Tract 1/Parcel Number 94 All that tract or parcel of land lying and being in land lot 160 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows: Commencing at the intersection of the northerly right-of-way of Holiday McEver Road, said road having a right-of-way width of 80 feet, with the westerly right-of-way of Blackberry Lane, said lane having a right-of-way width of 40 feet, said intersection being the point of beginning; thence northwesterly 705 feet, more or less, along the westerly right-of-way of Blackberry Lane to a point; thence southwesterly 334 feet, more or less, to a point; thence southeasterly 701 feet, more or less, to a point on the northerly right-of-way of Holiday McEver Road; thence northeasterly along the northerly right-of-way of Holiday McEver Road 334 feet, more or less, to the intersection of the westerly right-of-way of Blackberry Lane, said intersection point being the aforementioned point of beginning. Said property herein described contains an area of 5.196 acres. Tract 2/Parcel Number 95 All that tract or parcel of land lying and being in land lot 326 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows: Commencing at the intersection of the westerly right-of-way of Shadburn Ferry Road, said road having a right-of-way width of 50 feet, with the southerly right-of-way of Shoal Creek Road, said County road having an undefined right-of-way width; thence southwesterly along the southern side of Shoal Creek Road 690.4 feet, more or less, to an iron pin, said pin marking the northern most point of the line dividing tract 2 and tract 3 of the Bart Thrasher Estate and being the point of beginning;
Page 6890
Thence from the point of beginning proceed S 67 59[UNK] W, 218.1 feet along the southerly side of Shoal Creek Road to a point; thence S 61 35[UNK] W, 29.2 feet along the southerly side of Shoal Creek Road to an iron pin; thence S 17 15[UNK] E, 1365 feet to a point, said point being in the center of Little Mill Creek; thence N 46 20[UNK] E, 73 feet along the center of said creek to a point; thence N 23 55[UNK] E, 100 feet along the centerline of said creek to a point; thence N 04 05[UNK] W, 55 feet along the centerline of the aforementioned creek to a point; thence N 44 50[UNK] E, 48 feet along the centerline of the aforementioned creek to a point, said point being the southern most point of the line dividing tract 2 and tract 3 of the Bart Thrasher Estate; thence N 14 35[UNK] W, 1206 feet along said line dividing tract 2 and tract 3 to an iron pin on the southerly side of Shoal Creek Road, said monument being the point of beginning The property described herein contains an area of 6.4 acres. Tract 3/Parcel Number 96 All that tract or parcel of land lying and being in land lot 326 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows: Commencing at the intersection of the westerly right-of-way of Shadburn Ferry Road, said road having a right-of-way width of 50 feet, with the southerly right-of-way of Shoal Creek Road, said County road having an undefined right-of-way width; thence southwesterly along the southern side of Shoal Creek Road 196.0 feet, more or less, to an iron pin, said pin marking the northern most point of the line dividing tract 1 of the Bart Thrasher Estate and the property now or formerly owned by M. Everett Gravitt and being the point of beginning; Thence from the point of beginning proceed S 65 48[UNK] W, 247.3 feet along the southerly side of Shoal Creek Road to an iron pin; thence S 15 50[UNK] E, 1060 feet to a point, said point being in the center of Little Mill Creek; thence N 70 15[UNK] E, 111 feet along the center of said Creek to a point; thence N
Page 6891
87 00[UNK] E, 100 feet along the centerline of said Creek to a point; thence N 61 15[UNK] W, 75 feet along the centerline of the aforementioned creek to a point, said point being the southern most point of the line dividing tract 1 of the Bart Thrasher Estate and the property now or formerly owned by M. Everett Gravitt; thence N 17 40[UNK] W, 1100 feet along said line dividing tract 1 and the adjacent property to an iron pin on the southerly side of Shoal Creek Road, said monument being the point of beginning. The property described herein contains an area of 6.4 acres. Tract 4/Parcel Number 97 All that tract or parcel of land lying and being in land lot 326 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows: Commencing at the intersection of the centerline of Cole Road with the southerly right-of-way of Buford Dam Road, said road having a right-of-way width of 60 feet; thence westerly along the southerly right-of-way of Buford Dam Road 384.4 feet to an iron pin, said pin being the point of beginning; Thence from the point of beginning proceed S 15 35[UNK] 57[UNK] E, 327.82 feet to an iron pin; thence S 71 56[UNK] 03[UNK] W, 20.00 feet to an iron pin; thence S 71 56[UNK] 03[UNK] W, 184.75 feet to an iron pin; thence N 14 24[UNK] 13[UNK] W, 368.15 feet to an iron pin on the southerly right-of-way of Buford Dam Road; thence N 85 59[UNK] 47[UNK] E, 50.84 feet along the southerly right-of-way of Buford Dam Road to a point; thence N 83 23[UNK] 24[UNK] E, 87.21 feet along the southerly right-of-way of Buford Dam Road to a point; thence N 81 24[UNK] 12[UNK] E, 62.00 feet along the southerly right-of-way of Buford Dam Road to an iron pin, said pin being the point of beginning. The property described herein contains an area of 1.602 acres. Tract 5/Parcel Number 98
Page 6892
All that tract or parcel of land lying and being in land lots 333 and 334 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows: Beginning at the intersection of the westerly right-of-way of Little Mill Road, said road having a right-of-way width of 80 feet, with the southerly right-of-way of Buford Dam Road, said road having a right-of-way width of 60 feet; thence proceeding southeasterly along the western right-of-way of Little Mill Road S 21 58[UNK] 02[UNK] E. 98.48 feet to a point; thence S. 10 55[UNK] 40[UNK] E, 109.36 feet along the westerly right-of-way of Little Mill Road to a point; thence S. 04 14[UNK] 53[UNK] E, 86.53 feet along the westerly right-of-way of Little Mill Road to an iron pin; thence S 78 28[UNK] 56[UNK] W, 417.23 feet to an iron pin; thence N 39 19[UNK] 38[UNK] W, 159.99 feet to an iron pin; thence N 86 10[UNK] 32[UNK] E, 183.63 feet to an iron pin; thence N 05 00[UNK] 43[UNK] E, 242.85 feet to an iron pin on the southerly right-of-way of Buford Dam Road; thence S 88 02[UNK] 13[UNK] E, 130.00 feet along the southerly right-of-way of Buford Dam Road to a point; thence S 87 21[UNK] 32[UNK] E, 98.48 feet along the southerly right-of-way of Buford Dam Road to an iron pin, said pin being the point of beginning. The property described herein contains an area of 2.61 acres. Tract 6/Parcel Number 99 All that tract or parcel of land lying and being in land lot 226 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows: Commencing at the intersection of the southerly right-of-way of Magnolia Lane with the easterly right-of-way of South Bogan Road, said road having a right-of-way width of 80 feet; thence southerly along the eastern right-of-way of South Bogan Road 250 feet, more or less, to a point; thence southeasterly 397 feet, more or less, to a point, said point being the point of beginning. Thence from the point of beginning proceed southwesterly 50 feet, more or less, to a point; thence northwesterly 93 feet, more or less, to a point; thence southwesterly 125 feet, more or less, to a point; thence southeasterly 401 feet, more
Page 6893
or less, to a point; thence northeasterly 261 feet, more or less, to a point; thence northwesterly 364 feet, more or less, to a point, said point being the point of beginning. The property described herein contains an area of 2.0 acres, more or less. Tract 7/Parcel Number 100a All that tract or parcel of land lying and being in land lot 228 of the 7th Land District of Gwinnett County, Georgia more particularly described as follows: Commencing at the intersection of the westerly right-of-way of an unnamed County road, said road having a right-of-way width of 60 feet, with the northerly right-of-way of Maddox Road, said road having a right-of-way width of 60 feet; thence northerly along the western right-of-way of the unnamed County road 158 feet, more or less, to an iron pin, said point being the point of beginning. Thence from the point of beginning proceed N 06 26[UNK] W, 157.0 feet to an iron pin; thence S 75 10[UNK] W, 200.0 feet to an iron pin; thence N 84 26[UNK] W, 77.97 feet to an iron pin; thence N 30 31[UNK] W, 66.2 feet to a point; thence N 73 40[UNK] E, 393.4 feet to an iron pin on the westerly right-of-way of the aforementioned unnamed County road; thence southerly 291.2 feet along the westerly right-of-way of the said unnamed County road to an iron pin, said pin being the point of beginning. The property described herein contains an area of 0.87 acre. Tract 8/Parcel Number 100b All that tract or parcel of land lying and being in land lot 228 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows: Beginning at the intersection of the westerly right-of-way of an unnamed County road, said road having a right-of-way width of 60 feet, with the northerly right-of-way of Maddox Road, said road having a right-of-way width of 60 feet; thence northerly along the western right-of-way of the unnamed County road 158 feet, more or less, to an iron pin;
Page 6894
thence proceed N 06 26[UNK] W, 157.0 feet to an iron pin; thence S 75 10[UNK] W, 200.0 feet to an iron pin; thence S 13 13[UNK] E, 99.05 feet to an iron pin; thence S 13 05[UNK] E, 188.72 feet to an iron pin on the northerly right-of-way of Maddox Road; thence easterly 110 feet, more or less, along the northerly right-of-way of Maddox Road to a point, said point being the point of beginning. Tract 9/Parcel Number 100c All that tract or parcel of land lying and being in land lot 228 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows: Commencing at the intersection of the westerly right-of-way of an unnamed County road, said road having a right-of-way width of 60 feet, with the northerly right-of-way of Maddox Road, said road having a right-of-way width of 60 feet; thence westerly along the northern right-of-way of Maddox Road 110 feet, more or less, to an iron pin, said monument being the point of beginning. Thence from the point of beginning proceed N 13 05[UNK] W, 188.72 feet to an iron pin; thence N 13 13[UNK] W, 99.05 feet to an iron pin; thence N 84 26[UNK] W, 77.97 feet to an iron pin; thence S 58 27[UNK] W, 132.67 feet to an iron pin; thence S 13 05[UNK] E, 84.30 feet to an iron pin; thence N 76 12[UNK] W, 100.00 feet to an iron pin; thence S 13 05[UNK] E, 189.05 feet to an iron pin on the northerly right-of-way of Maddox Road; thence N 75 38[UNK] E, 100.00 feet along the northerly right-of-way of Maddox Road to an iron pin, said monument being the point of beginning. Tract 10/Parcel Number 101 All that tract or parcel of land lying and being in land lot 228 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows: Commencing at the intersection of the westerly right-of-way of an unnamed County road, said road having a right-of-way width of 60 feet, with the northerly right-of-way of
Page 6895
Maddox Road, said road having a right-of-way width of 60 feet; thence westerly along the northern right-of-way of Maddox Road 210 feet, more or less, to an iron pin, said point being the point of beginning. Thence from the point of beginning proceed N 13 05[UNK] W, 189.05 feet to an iron pin; thence N 13 05 W, 84.30 feet to an iron pin; thence S 58 27[UNK] W, 55.12 feet to an iron pin; thence S 22 51[UNK] W, 299.75 feet to an iron pin on the northerly right-of-way of Maddox Road; thence N 80 13[UNK] E, 228.57 feet along the northerly right-of-way of Maddox Road to a point, said point being the point of beginning. Tract 11/Parcel Number 102 All that tract or parcel of land lying and being in land lots 304 and 324 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows: Beginning at the intersection of the centerline of an unnamed public road, said road having an easement width of 30 feet, with the northerly right-of-way of Richland Creek Road, said road having a right-of-way width of 80 feet; thence northerly along the centerline of the unnamed public road 46.98 feet in a direction of N 07 12[UNK] 16[UNK] W to a point, thence proceed along the centerline of the unnamed public road N 04 51[UNK] 23[UNK] W, 91.80 feet to a point; thence N 06 55[UNK] 30[UNK] W, 135.92 feet along the centerline of the aforementioned unnamed public road to a point; thence N 07 03[UNK] 53[UNK] W, 28.57 feet along the centerline of the aforementioned unnamed public road to a point; thence N 07 03[UNK] 53[UNK] W, 71.25 feet along the centerline of the aforementioned unnamed public road to a point; thence N 06 33[UNK] 27[UNK] E, 28.75 feet along the centerline of the aforementioned unnamed public road to a point; thence N 59 35[UNK] 15[UNK] E, 170.45 feet to an iron pin, said pin being on the southerly right-of-way of a 210 foot wide Georgia Power Company right-of-way easement; thence S 57 47[UNK] 18[UNK] E, 231.27 feet along the aforementioned Georgia Power Company easement boundary to an iron pin; thence S 57 43[UNK] 06[UNK] E, 201.16 feet along the aforementioned Georgia Power Company easement boundary to an iron pin; thence S 48 19[UNK] 09[UNK] W, 266.77 feet to an iron pin; thence S
Page 6896
50 20[UNK] 06[UNK] E, 72.71 feet to a point; thence S 47 44[UNK] 00[UNK] E, 312.10 feet to a point; thence southeasterly along an arc of 111.02 feet in length to a point, said arc having a radius of 771.74 feet and a chord of 85.49 feet in a direction of S 50 54[UNK] 30[UNK] E; thence southeasterly along an arc of 14.70 feet in length to a point, said arc having a radius of 1639.86 feet and a chord of 14.70 feet in a direction of S 54 11[UNK] 48[UNK] E; thence S 37 44[UNK] 09[UNK] W, 230.00 feet to an iron pin on the northerly right-of-way of Richland Creek Road; thence northwesterly along the northerly right-of-way of Richland Creek Road, said right-of-way being an arc of 7.39 feet in length, to a point, said arc having a radius of 1869.86 feet and a chord of 7.39 feet in a direction of N 54 11[UNK] 48[UNK] W; thence northwesterly along the northerly right-of-way of Richland Creek Road, said right-of-way being an arc of 111.02 feet in length, to a point, said arc having a radius of 1001.74 feet and a chord of 110.96 feet in a direction of N 50 54[UNK] 30[UNK] W; thence N 47 44[UNK] 00[UNK] W, 307.84 feet along the northerly right-of-way of Richland Creek Road to an iron pin; thence N. 49 12[UNK] 40[UNK] W, 87.95 feet along the northerly right-of-way of Richland Creek Road to an iron pin; thence northwesterly along the northerly right-of-way of Richland Creek Road, said right-of-way being an arc of 13.29 feet in length, to an iron pin, said arc having a radius of 943.25 feet and a chord of 13.29 feet in a direction of N 49 36[UNK] 53[UNK] W; thence northwesterly along the northerly right-of-way of Richland Creek Road, said right-of-way being an arc of 126.59 feet in length, to an iron pin, said arc having a radius of 943.25 feet and a chord of 126.50 feet in a direction of N 53 51[UNK] 48[UNK] W, said monument being the point of beginning. Tract 12/Parcel Number 104 All that tract or parcel of land lying and being in land lot 327 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows: Commencing at the intersection of the northerly right-of-way of Buford Dam Road, said road having a 60 feet right-of-way width, with the easterly right-of-way of Shadburn Ferry Road, said road having a 50 foot right-of-way width; thence northeasterly along the northerly right-of-way of
Page 6897
Buford Dam Road, 920 feet to an iron pin, said monument being the southwest corner of property now or formerly owned by Young Richardson and Frances N. Richardson and being the point of beginning; Thence from the point of beginning proceed N 69 23[UNK] E, 150.00 feet along the northerly right-of-way of Buford Dam Road to an iron pin; thence continuing along the northerly right-of-way of Buford Dam Road N 69 07[UNK] E, 150.00 feet to an iron pin; thence N 30 36[UNK] W, 368.87 feet to an iron pin; thence S 69 19[UNK] W, 299.68 feet to an iron pin; thence S 30 32[UNK] E, 369.13 feet to an iron pin of the northerly right-of-way of Buford Dam Road, said monument being the point of beginning. The property herein described contains an area of 2.5 acres. Tract 13/Parcel Number 105 All that tract or parcel of land lying and being in land lot 329 of the 7th Land District of Hall County, Georgia, more particularly described as follows: Commencing at the intersection of the northerly right-of-way of Lee Drive, said drive having a 40 foot right-of-way width, with the easterly right-of-way of Holiday Road, said road having a 40 foot right-of-way width; thence northwesterly along the easterly right-of-way of Holiday Road, N 32 35[UNK] 38[UNK] W, 185.04 feet to an iron pin; thence continuing along the easterly right-of-way of Holiday Road, N 32 35[UNK] 38[UNK] W, 85.00 feet to a point; thence N 5421[UNK] 49[UNK] E, 5.00 feet to a point; thence continuing along the easterly right-of-way of Holiday Road, said road now having a 50 foot right-of-way width, N 32 30[UNK] 00[UNK] W, 116.49 feet to a point; thence continuing along the easterly right-of-way of Holiday Road N 35 45[UNK] 31[UNK] W, 39.45 feet to a point, said point being the point of beginning; Thence from the point of beginning proceed along the easterly right-of-way of Holiday Road N 35 45[UNK] 31[UNK] W, 100.00 feet to an iron pin; thence N 63 09[UNK] 58[UNK] E, 158.53 feet to an iron pin at a fence corner; thence N 61 47[UNK] 03[UNK] E, 433.59 feet to a point; thence N 61 47[UNK] 03[UNK] E, 190.28 feet to
Page 6898
an iron pin; thence S 26 16[UNK] 13[UNK] E, 239.44 feet to an iron pin; thence S 54 23[UNK] 48[UNK] W, 339.96 feet to a point; thence N 33 21[UNK] 14[UNK] W, 233.96 feet to a point; thence S 61 47[UNK] 03[UNK] W, 384.75 feet to a point; thence S 06 17[UNK] 11[UNK] W, 48.85 feet to a point on the easterly right-of-way of Holiday Road, said point being the point of beginning. The property described herein contains an area of 2.613 acres. Tract 14/Parcel Number 106 All that tract or parcel of land lying and being in land lot 329 of the 7th Land District of Hall County, Georgia, more particularly described as follows: Beginning at the intersection of the northerly right-of-way of Lee Road, said road having a 40 foot right-of-way width, with the easterly right-of-way of Holiday Road, said road having a 40 foot right-of-way width; thence from the point of beginning proceed along the easterly right-of-way of Holiday Road N 32 35[UNK] 38[UNK] W, 185.04 feet to an iron pin; thence continuing along the easterly right-of-way of Holiday Road N 32 35[UNK] 38[UNK] W, 85.00 feet to an iron pin; thence N 54 21[UNK] 49[UNK] E, 200.00 feet to an iron pin; thence S 35 58[UNK] 45[UNK] E, 85.00 feet to an iron pin; thence N 54 23[UNK] 48[UNK] E, 546.90 feet to an iron pin; thence S 27 45[UNK] E, 298.8 feet to an iron pin on the northerly right-of-way of Lee Road, thence S 62 14[UNK] W, 230.2 feet along the northerly right-of-way of Lee Road to a point; thence continuing along the northerly right-of-way of Lee Road S 57 44[UNK] W, 200.0 feet to a point; thence continuing along the northerly right-of-way of Lee Road S 62 53[UNK] W, 100.0 feet to an iron pin; thence continuing along the northerly right-of-way of Lee Road S 64 06[UNK] W, 200.00 feet to an iron pin, said point being the point of beginning. The property described herein contains an area of 3.565 acres. Tract 15/Parcel Number 107 All that tract or parcel of land lying and being in land lot 329 of the 7th Land District and land lot 168 of the 8th Land District, both of Hall County, Georgia, more particularly described as follows:
Page 6899
Commencing at the intersection of the northerly right-of-way of Lee Road, said road having a 40 foot right-of-way width, with the easterly right-of-way of Holiday Road, said road having a 40 foot right-of-way width, said intersection being marked by an iron pin; thence northeasterly along the northerly right-of-way of Lee Road, 200.0 feet to an iron pin; thence continuing along the northerly right-of-way of Lee Road N 62 53[UNK] E, 100 feet to a point; thence continuing along the northerly right-of-way of Lee Road N 57 44[UNK] E, 200.0 feet to a point; thence continuing along the northerly right-of-way of Lee Road N 62 14[UNK] E, 230.2 feet to an iron pin, said pin being the point of beginning; Thence from the point of beginning proceed along the northerly right-of-way of Lee Road N 65 23[UNK] E, 40.0 feet to a point; thence continuing along the northerly right-of-way of Lee Road N 64 47[UNK] E, 155.05 feet to a point, thence continuing along the northerly right-of-way of Lee Road N 58 16[UNK] E, 111.69 feet to an iron pin; thence N 34 00[UNK] W, 209.2 feet to an iron pin; thence S 60 04[UNK] W, 103.5 feet, more or less, to a point; thence northwesterly 334.4 feet, more or less, to an iron pin; thence S 55 48[UNK] 51[UNK] W, 151.19 feet to an iron pin; thence S 26 16[UNK] 13[UNK] E, 239.44 feet to an iron pin; thence S 27 45[UNK] E, 196.0 feet to an iron pin on the northerly right-of-way of Lee Road, said monument being the point of beginning. The property herein described contains an area of 2.56 acres, more or less. Tract 16/Parcel Number 108 All that tract or parcel of land lying and being in land lots 186 and 187 of the 7th Land District of Gwinnett County, Georgia more particularly described as follows: Commencing at the intersection of the extended southerly right-of-way of State Route 324 with the westerly right-of-way of State Route 20, said highway having a 60 feet right-of-way width; thence southeasterly along the westerly right-of-way of State Route 20, 1090 feet, more or less, to an iron pin, said pin being the point of beginning;
Page 6900
Thence from the point of beginning proceed along the westerly right-of-way of State Route 20 S 20 00[UNK] W, 100.0 feet to a point; thence N 58 45[UNK] W, 253.0 feet to a point; thence N 07 49[UNK] W, 75.0 feet to a point; thence S 66 50[UNK] E, 283.57 feet to a point, said point being on the westerly right-of-way of State Route 20 and said point being the point of beginning. The property herein described contains an area of 0.49 acres, more or less. Tract 17/Parcel Number 109 All that tract or parcel of land lying and being in land lot 327 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows: Commencing at the intersection of the northerly right-of-way of Buford Dam Road, said road having an 80 foot right-of-way width, with the westerly right-of-way of Coles Mill Road; thence proceeding westerly along the northerly right-of-way of Buford Dam Road, 679 feet, more or less, to a point, said point being the point of beginning; Thence from the point of beginning proceed along the northerly right-of-way of Buford Dam Road, 95 feet, more or less, to a point; thence northerly, 244 feet, more or less, to a point; thence southeasterly, 130 feet more or less, to a point; thence southerly, 185 feet, more or less, to a point, said point being on the northerly right-of-way of Buford Dam Road and said point being the point of beginning. The property herein described being designated as lot number 8, Block B of the Payne Subdivision. Section 2 . Said Act is further amended by adding at the end of Section 2 the following: Any other provision of this section to the contrary notwithstanding, the following described properties are included within the boundaries of the City of Buford: Tract 1/Parcel Number 103a
Page 6901
All that tract or parcel of land lying and being in land lot 226 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows: Commencing at the intersection of the northerly right-of-way of Hamilton Mill Road, said road having a right-of-way width of 60 feet, with the line common to land lots 225 and 226; thence northwesterly along the northern right-of-way of Hamilton Mill Road 673 feet, more or less, to a point, said point being the point of beginning; Thence from the point of beginning northeasterly 407 feet, more or less, to a point on the line common to land lots 225 and 226; thence northwesterly along the line common to land lots 225 and 226 630 feet, more or less, to a point; thence southwesterly 365 feet, more or less, to a point; thence southeasterly 300 feet, more or less, to a point; thence southwesterly 300 feet, more or less, to a point on the northerly right-of-way of Hamilton Mill Road; thence southeasterly along the northerly right-of-way of Hamilton Mill Road 300 feet, more or less, to a point, said point being the point of beginning. The property herein described is that now or formerly belonging to Neal Hill. Tract 2/Parcel Number 103b All that tract or parcel of land lying and being in land lot 226 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows: Commencing at the intersection of the northerly right-of-way of Hamilton Mill Road, said road having a right-of-way width of 60 feet, with the line common to land lots 225 and 226; thence northwesterly along the northern right-of-way of Hamilton Mill Road 473 feet, more or less, to a point, said point being the point of beginning; Thence from the point of beginning northeasterly 296 feet, more or less, to a point on the line common to land lots 225 and 226; thence northwesterly along the line common to
Page 6902
land lots 225 and 226 113 feet, more or less, to a point; thence southwesterly 352 feet, more or less, to a point on the northerly right-of-way of Hamilton Mill Road; thence southeasterly along the northerly right-of-way of Hamilton Mill Road 100 feet, more or less, to a point, said point being the point of beginning. The property herein described is that now or formerly belonging to Fred Head, Jr. Tract 3/Parcel Number 103c All that tract or parcel of land lying and being in land lot 226 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows: Commencing at the intersection of the northerly right-of-way of Hamilton Mill Road, said road having a right-of-way width of 60 feet, with the line common to land lots 225 and 226; thence northwesterly along the northern right-of-way of Hamilton Mill Road 373 feet, more or less, to a point, said point being the point of beginning; Thence form the point of beginning northeasterly 241 feet, more or less, to a point on the line common to land lots 225 and 226; thence northwesterly along the line common to land lots 225 and 226 113 feet, more or less, to a point; thence southwesterly 296 feet, more or less, to a point on the northerly right-of-way of Hamilton Mill Road; thence southeasterly along the northerly right-of-way of Hamilton Mill Road 100 feet, more or less, to a point, said point being the point of beginning. The property herein described is that now or formerly belonging to Michael C. Buseh and Joe Ellen Buseh. Tract 4/Parcel Number 103d All that tract or parcel of land lying and being in land lot 226 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows:
Page 6903
Commencing at the intersection of the northerly right-of-way of Hamilton Mill Road, said road having a right-of-way width of 60 feet, with the line common to land lots 225 and 226; thence northwesterly along the northern right-of-way of Hamilton Mill Road 110 feet, more or less, to a point, said point being the point of beginning; Thence from the point of beginning northeasterly 99 feet, more or less, to a point on the line common to land lots 225 and 226; thence northwesterly along the line common to land lots 225 and 226 330 feet, more or less, to a point; thence southwesterly 241 feet, more or less, to a point on the northerly right-of-way of Hamilton Mill Road; thence southeasterly along the northerly right-of-way of Hamilton Mill Road 263 feet, more or less, to a point, said point being the point of beginning. The property herein described is that now or formerly belonging to Barber R. Forrest. Tract 5/Parcel Number 103e All that tract or parcel of land lying and being in land lot 226 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows: Beginning at the intersection of the northerly right-of-way of Hamilton Mill Road, said road having a right-of-way width of 60 feet, with the line common to land lots 225 and 226; thence northwesterly along the northern right-of-way of Hamilton Mill Road 110 feet, more or less, to a point; thence northeasterly 99 feet, more or less, to a point on the line common to land lots 225 and 226; thence southeasterly along the line common to land lots 225 and 226 to a point on the northerly right-of-way of Hamilton Mill Road, said point being the point of beginning. The property herein described is that now or formerly belonging to James Jerry Reed and Grant Reed. Tract 6/Parcel Number 110
Page 6904
All that tract or parcel of land lying and being in land lots 349, 350, 363 and 364 of the 7th Land District of Gwinnett County, Georgia, more particularly described as follows: Beginning at the intersection of the line common to land lot 336 and land lot 350 with the easterly right-of-way of Sycamore Road, said road having a 80 foot right-of-way width, said intersection being marked by an iron pin; thence proceed northeasterly along the line common to land lot 336 and land lot 350, 650 feet, more or less, to a point; thence northwesterly, 600 feet, more or less, to a point on the southeasterly right-of-way of Jimmy Dodd Road; thence along the southeasterly right-of-way of Jimmy Dodd Road 266 feet, more or less, to a point; thence along the former northwesterly right-of-way of Jimmy Dodd Road, generally a curve to the left, until the former right-of-way of Jimmy Dodd Road intersects with the present northwesterly right-of-way of Jimmy Dodd Road; thence along the northwesterly right-of-way of Jimmy Dodd Road to the intersection with the line common to land lot 350 and land lot 351; thence northwesterly along the line common to land lot 350 and land lot 351, 1700 feet, more or less, to the intersection with a branch of Richland Creek; thence along the centerline of the aforementioned branch of Richland Creek, 900 feet, more or less, to the intersection with the northerly limit of a Georgia Power Company easement; thence northwesterly along the northerly Georgia Power Company easement limit, 600 feet, more or less, to a point on the westerly right-of-way of Sycamore Road, said road having an 80 foot right-of-way width; thence northwesterly along the westerly right-of-way of Sycamore Road to the intersection with the line common to land lot 350 and land lot 363; thence southwesterly along the line common to land lot 350 and land lot 363, 1900 feet, more or less, to a point; thence northwesterly, generally parallel with the line common to land lot 363 and land lot 364, to a point on the southerly right-of-way of Buford Dam Road; thence northwesterly along the southerly right-of-way of Buford Dam Road, crossing Lakeside Lane, then 270 feet, more or less, to a point; thence southwesterly 1131 feet, more or less, to a point on the easterly right-of-way of Suwanee Buford Dam Road; thence southerly along the easterly right-of-way of Suwanee Buford Dam Road 300 feet, more or less, to a
Page 6905
point; thence northeasterly 200 feet, more or less, to a point; thence southerly 100 feet, more or less, to a point; thence southeasterly 200 feet, more or less, to a point on the easterly right-of-way of Suwanee Buford Dam Road; thence southerly along the easterly right-of-way of Suwanee Buford Dam Road 200 feet, more or less, to a point; thence northeasterly 620 feet, more or less, to a point; thence southerly 600 feet, more or less, to a point; thence northeasterly 637 feet, more or less, to a point on the westerly right-of-way of Lakeside Lane; thence crossing Lakeside Lane along the same direction as the course last run to a point on the westerly right-of-way of Lakeside Lane; thence southerly along the easterly right-of-way of Lakeside Lane 1300 feet, more or less to a point; thence northeasterly 885 feet, more or less, to a point on the centerline of a branch of Richland Creek; thence along the centerline of the aforementioned branch of Richland Creek to the intersection with the line common to land lot 349 and land lot 350; thence southeasterly along the line common to land lot 349 and lot 350 700 feet, more or less, to a point; thence easterly 275 feet, more or less, to a point; thence southeasterly 60 feet, more or less, to a point; thence N 51 17' E, 573 feet, more or less, to an 18 inch diameter oak tree; thence N 18 57' E, 175 feet, more or less, to a point; thence southeasterly 300 feet, more or less, to a point; thence S 53 59' W, 823.23 feet to a point; thence S 36 01' E, 159.42 feet to a point; thence northeasterly 40 feet, more or less, to a point; thence southeasterly 45 feet, more or less, to a point; thence northeasterly 900 feet, more or less, to a point; thence southeasterly to the intersection of the northerly right-of-way of Jimmy Dodd Road with the easterly right-of-way of Sycamore Road; thence southerly along the easterly right-of-way of Sycamore Road to a point; thence across Sycamore Road to an iron pin on the westerly right-of-way of Sycamore Road, said pin being 71.0 feet in a southerly direction from the intersection of the westerly right-of-way of Sycamore Road with the extension of the southerly right-of-way of Jimmy Dodd Road; thence S 55 33' W, 1365.02 feet to a point on the centerline of Richland Creek; thence along the centerline of Richland Creek to a point, said point being a straight line of 321.21 feet along a direction of S 80 05' E from the ending point of the course last run; thence N 50 51' E, 974.11 feet to a point; thence N
Page 6906
32 48' E, 139.92 feet to an iron pin on the westerly right-of-way of Sycamore Road; thence N 32 48' E across Sycamore Road to a point on the easterly right-of-way of said road; thence southerly along the easterly right-of-way of Sycamore Road 300 feet, more or less, to an iron pin on the common line to land lot 338 and land lot 350, said pin being the point of beginning. The land herein described representing all of the area within the City limits of the City of Buford, Georgia, less and except the two tracts or parcels of land abutting Buford Dam Road and/or Spillway Road and located in land lot 363, within land lots 349, 350, 363 and 364 of the 7th Land District of Gwinnett County, Georgia. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and Section 28-1-14 of the Official Code of Georgia Annotated (Michie), notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia local legislation 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 change the corporate limits of the city; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. This 16th day of January, 1992. Pruitt Britt City Attorneys 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
Page 6907
Home Weekly, which is the official organ of Gwinnett County, on the following date: January 16, 1992. /s/ Keith R. Breedlove Representative, 60th District Sworn to and subscribed before me, this 19th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992. GRIFFIN-SPALDING COUNTY DEVELOPMENT AUTHORITYMEMBERSHIP. No. 1360 (House Bill No. 2140). AN ACT To further define, prescribe, and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the management and conduct thereof, said authority having been created pursuant to an amendment to the Constitution of Georgia of 1945 (Ga. L. 1962, p. 945), which amendment was ratified at the general election held on November 6, 1962, and continued in effect in the Constitution of Georgia of 1976 by virtue of Article XIII, Section I, Paragraph II thereof and continued in effect pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia of 1983 by an Act approved March 18, 1985 (Ga. L. 1985, p. 3845), and having been previously amended particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4151), and an Act approved March 15, 1988 (Ga. L. 1988, p. 3938), so as to amend said amendment as amended by said amendatory Acts; to
Page 6908
change the membership of the authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Pursuant to the authority granted in Paragraph N of that amendment to the Constitution of Georgia of 1945 (Ga. L. 1962, p. 945), which amendment was ratified at the general election held on November 6, 1962, and continued in effect in the Constitution of Georgia of 1976 by virtue of Article XIII, Section I, Paragraph II thereof and continued in effect pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia of 1983 by an Act approved March 18, 1985 (Ga. L. 1985, p. 3845), and having been previously amended particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4151), and an Act approved March 15, 1988 (Ga. L. 1988, p. 3938), the management and conduct of the authority is further regulated by striking Paragraph B and inserting in lieu thereof a new Paragraph B to read as follows: B. The authority shall consist of 12 members. The chairman of the Board of Commissioners of the City of Griffin, the chairman of the Board of Commissioners of Spalding County, and the chairman of the board of the Griffin-Spalding County Chamber of Commerce shall be members of the authority or, if the chairman of either or both boards of commissioners shall elect to do so, the chairman may appoint another member of his board of commissioners to serve in his stead, such appointment to be during the tenure and at the pleasure of the chairman. In addition, the Board of Commissioners of the City of Griffin shall appoint four members for terms of three years each and the Board of Commissioners of Spalding County shall appoint four members for terms of three years each, except as provided in this Paragraph. The six appointed authority members in office on March 1, 1988, shall serve for the remainder of the terms to which they were appointed, with the term of one such member appointed by the Board of Commissioners of the City of Griffin expiring on December 31 of each year and the term of one such member appointed by the Board of Commissioners of Spalding County expiring on December 31 of each year. In addition to
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such six appointed members, the Board of Commissioners of the City of Griffin shall appoint one additional member, the Board of Commissioners of Spalding County shall appoint one additional member, and one additional member shall be appointed jointly by the Board of Commissioners of the City of Griffin and the Board of Commissioners of Spalding County. Such additional three members shall have initial terms of office beginning immediately upon their appointment and expiring December 31, 1990. Thereafter, appointed members shall each be appointed for three-year terms by the respective board of commissioners and vacancies for each unexpired term shall be filled by the respective board of commissioners. Appointed members shall be eligible for re-appointment. Seven of the 12 members shall constitute a quorum and a majority may act for the authority in any matter. No vacancy shall impair the power of the authority to act. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to further define, prescribe and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the management and conduct thereof, and for other purposes. This 11 day of March, 1992. Honorable Crisp B. Flynt Representative, 75th District 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
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Introduce Local Legislation was published in the Griffin Daily News, which is the official organ of Spalding County, on the following date: March 13, 1992. /s/ Crisp B. Flynt Representative, 75th District Sworn to and subscribed before me, this 18th day of March, 1992. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved May 4, 1992. CITY OF ELLAVILLENEW CHARTER. No. 1361 (House Bill No. 2135). AN ACT To provide a new charter for the City of Ellaville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for a legislative branch and certain duties and powers relative thereto; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to
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provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10 . Name. This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style Ellaville, Georgia, and by that name shall have perpetual existence. Section 1.11 . Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of city clerk of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Ellaville, Georgia. Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. Section 1.12 . Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and
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completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. (c) The powers of the government of the City of Ellaville to be exercised by the mayor and city council shall include, but not be limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades;
Page 6913
(5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and 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;
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(11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (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;
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(18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; 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 as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Ordinances, rules, and regulations. To make, establish, and adopt such bylaws, ordinances, policies, and rules and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof and for preserving the health, peace, order, and good government of the city; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council
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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 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,
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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) 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
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collecting such service charge and for enforcing payment of the same; and to impose, charge, 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; (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) Taxes: Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: Other. 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) 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 LEGISLATIVE BRANCH Section 2.10 . City council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of five councilmembers. The councilmembers shall be elected in the manner provided by this charter. Section 2.11 . City council terms and qualifications for office. The members of the city council shall serve for terms of four years and until their respective successors are elected and
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qualified. No person shall be eligible to serve as councilmember unless he shall have been a resident of this city immediately prior to the date of the election of members of the city council; each shall continue to reside in this city during his period of service and to be registered and qualified to vote in municipal elections of this city. Section 2.12 . Vacancy; filling of vacancies; suspensions. (a) Vacancies. The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (b) Suspension. Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. Section 2.13 . Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A. Section 2.14 . Conflicts of interest; holding of other offices. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties;
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(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his 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; or (5) Represent other private interests in any action or proceeding against this city or any portion of its government. (b) Disclosure. Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity.
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(c) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which he was elected. (f) Political activities of certain officers and employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (g) Penalties. Penalties for violation of this section shall be as follows: (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; and (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.
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Section 2.15 . Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. Section 2.16 . General power and authority of the city council. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. These powers shall include, but not be limited to, all powers except those specifically delegated to the mayor or others. Section 2.17 . Eminent domain. The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof and for such purposes property may be condemned under procedures established under general law applicable now or as provided in the future. ORGANIZATION AND PROCEDURES Section 2.18 . Organizational meetings. The city council shall hold an organizational meeting at the first regular meeting in January following the election. The meeting shall be called to order by the mayor 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.
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Section 2.19 . Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on the call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law. (d) Notice of all meetings of city council shall be made public to the extent required by the laws of the State of Georgia, as now or hereafter amended. Section 2.20 . Rules of procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. Section 2.21 . Quorum; voting. (a) Four councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. The mayor shall not be counted toward a quorum. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the
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right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of councilmembers present shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 2.22 . Ordinance form; procedures. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Ellaville hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. All ordinances must have a second reading prior to approval. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Upon passage of any ordinance, the clerk shall as soon as possible authenticate and record such ordinance in accordance with the provisions of Section 2.26 of this charter. Section 2.23 . Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 2.24 . Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers. The city council may then adopt an emergency ordinance, but any emergency ordinance adopted pursuant to this section shall fully comply with all the requirements of Section 2.21 of this charter regarding a quorum and number of votes required for the adoption of any ordinance, resolution, or motion. An ordinance adopted pursuant to this section may not
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levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, by the affirmative vote of a majority of councilmembers present. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 90 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.25 . Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of 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 city council. Such
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book shall be available for public inspection during the normal working hours of the city clerk. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Ellaville, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.27 . Chief executive officer; 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 2.28 . 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) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (3) Call special meetings of the city council as provided for in Section 2.19 of this charter; (4) Participate in the discussion of all matters brought before the city council; (5) 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; (6) Approve or disapprove ordinances as provided in Section 2.29 of this charter; (7) Require any department or agency of the city to submit written reports whenever he deems it expedient; (8) 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; (9) Perform such other duties as may be required by general state law, this charter, or ordinance; (10) Preside at all meetings of the city council; (11) 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 the policy; and
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(12) Have the power to administer oaths and to take affidavits. Section 2.29 . Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor 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 four members of the city 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. Section 2.30 . Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of four years and until his successor is elected and qualified. He shall be a qualified elector of this city and shall have been a resident of the city immediately preceding his qualification for the office of mayor. He shall continue to reside in this city during the period of his service. He shall forfeit his office on the same grounds and
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under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. Section 2.31 . Mayor pro tempore. By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10 . Administrative and service departments. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers 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 and city council, be responsible for the administration and direction of the affairs and operations of his department or agency. Section 3.11 . Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and 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 city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by this charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice chairman and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
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ADMINISTRATIVE OFFICERS Section 3.12 . City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the city council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.13 . City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. PERSONNEL ADMINISTRATION Section 3.15 . Position classification and pay plans. The city council shall be responsible for the preparation of a position classification and pay plan. 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
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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 Ellaville. Section 4.11 . Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of four members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon
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the minutes of the city council journal required in Section 2.20 of this charter. Section 4.12 . Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 4.13 . Jurisdiction; powers. (a) The municipal court shall have the power to try any cases involving violations of state law which are classified as misdemeanors under the laws of the State of Georgia as now or hereafter amended. (b) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (c) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (d) The municipal court may fix punishment for offenses within its jurisdiction and shall impose such fines or imprisonment as allowed or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (e) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operations and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (f) The municipal court shall have the authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the
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rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (g) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (h) 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 the mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14 . Appeal and certiorari. (a) A review on a decision of the municipal court, in the case of traffic violations, may be by direct appeal to the superior court, and any bond as may be required to secure the costs of appeal to the Superior Court of Schley County, Georgia, from the municipal court shall lie as prescribed by law. An appeal to the superior court shall not be a de novo proceeding.
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(b) The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Schley County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4.15 . Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS AND REMOVAL Section 5.10 . Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.11 . Regular elections; time for holding. The city council shall cause an election to be held at the city hall or such other place in the city as the councilmembers shall direct and designate. The date of all general municipal elections occurring before January 1, 1993, shall be specified by municipal ordinances. All general municipal elections held subsequent to the above date shall be held on the Tuesday next following the first Monday in November, 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 Section 2.18 of this charter. Notwithstanding any provision of this charter, no term of office to which a person has been elected prior to the effective date of this charter shall be shortened or lengthened except pursuant to the procedures established by state law.
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Section 5.12 . Qualifying; absentee ballots; other provisions. Except as otherwise provided by this charter, the city council, by ordinance, may prescribe rules and regulations governing qualifying fees, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as it deems necessary to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.13 . Election by majority vote. The councilmembers shall be elected by a majority vote of the votes cast for each position. The procedures and requirements for election of all elected officers of the city shall be in conformity with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.14 . Special election; vacancies. In the event that the office of mayor or councilmember shall become vacant, for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.15 . Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under the provisions of Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.16 . Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
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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 of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; (6) Failure for any other cause to perform the duties of office as required by this charter or by state law; or (7) Failure to attend three consecutive regular monthly meetings without cause shall result in the office of said councilmember or mayor to be deemed vacant and said vacancy shall be filled as provided in this charter. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of four councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Schley County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or
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(2) By an order of the Superior Court of Schley County following a hearing on a complaing seeking such removal brought by any resident of the City of Ellaville. ARTICLE VI FINANCE Section 6.10 . Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, or providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11 . Millage rate; due dates; payment methods. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation taxes and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13 . Licenses; permits; fees. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay
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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 . 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.
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Section 6.17 . Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, and providing for the assignment or transfer of tax executions. Section 6.19 . General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20 . Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21 . Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22 . Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. Section 6.23 . Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements
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for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.24 . Submission of operating budget to city council. On or before a date fixed by the city council but not later than 15 days prior to the beginning of each fiscal year, the designated personnel 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 designated personnel 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 operating budget and capital improvements budget. (a) The city council may amend the operating budget proposed by the designated personnel, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than June 30 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuring 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
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out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. (d) On or before the date fixed by the city council, but no later than 15 days prior to the beginning of each fiscal year, the designated personnel shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (e) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than June 30 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 6.26 . Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special meeting or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing unexpended surplus.
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Section 6.27 . Tax levies. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. Section 6.28 . Independent audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. Section 6.29 . Contracting procedures. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 6.20 of this charter. Section 6.30 . Centralized purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.31 . Sale of city property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.
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(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon adoption of a resolution, finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is 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 . Check signing. All checks require the signature of two authorized personnel. All checks must have either the mayor's or mayor pro tempore's signature. The mayor and mayor pro tempore may sign on the same check. If only one of these signature is on a check, then it must be accompanied by the signature of one other authorized personnel. Section 7.12 . Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.
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Section 7.13 . Existing personnel and officers. Except as otherwise specifically provided by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 14 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. Section 7.14 . Pending matters. Except as otherwise specifically provided by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.15 . 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 of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. Section 7.17 . Specific repealer. An Act incorporating the City of Ellaville in the County of Schley, approved March 13, 1990 (Ga. L. 1990, p. 3677), is repealed in its entirety.
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Section 7.18 . General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide for the charter for the City of Ellaville; 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 January, 1992. P. Dewey Gill Mayor, City of Ellaville 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 Americus Times-Recorder, which is the official organ of Schley County, on the following date: February 21, 1992. /s/ Ward Edwards Representative, 112th District
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Sworn to and subscribed before me, this 11th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992. CARROLL COUNTYSTATE COURT; SOLICITOR; COMPENSATION; PRACTICE OF LAW; EXPENSES. No. 1362 (House Bill No. 2133). AN ACT To amend an Act establishing the State Court of Carroll County, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, so as to change the compensation of the solicitor; to provide for the practice of law by the solicitor; to repeal the language relating to the solicitor's expenses; 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 State Court of Carroll County, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, is amended by striking subsection (a) of Section 7 and inserting the following: (a) It shall be the duty of the solicitor of the State Court of Carroll County to represent the state in all cases therein, and in all cases in the Supreme Court carried from said state court to which the state is a party. In case the solicitor of said state court cannot attend to the duties of the same, the judges thereof shall appoint some competent attorney
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to act as solicitor pro tempore. The solicitor of said state court shall receive an annual salary of $35,000.00 to be paid in equal monthly installments from funds of Carroll County. The solicitor may engage in the private practice of law but may not practice in his or her own court or appear in any matter as to which that solicitor has exercised jurisdiction. The solicitor shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in his office, and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, said officer shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by said officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. The solicitor of said state court, before entering upon the discharge of his duties, shall, in addition to the oath required of all civil offices, take and subscribe the following oath: `I do solemnly swear that I will faithfully and impartially, and without fear, favor, or affection, discharge the duties of the office of solicitor of the State Court of Carroll County, so help me God.' Section 2 . Said Act is further amended by striking in its entirety Section 7.1 which reads as follows: Section 7.1. (a) The solicitor of the State Court of Carroll County shall be paid from county funds for all expenses incurred in collecting fines, forfeitures, commissions, costs, allowances, penalties, and other moneys due said county, which expenses are incurred as a result of employing additional personnel during regular court days for guilty pleas and arraignments during regular court terms and for other periods necessary to ensure an orderly collection of said fines and forfeitures. The solicitor shall also be entitled
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to be paid from county funds for all supplies necessary to operate the fine collection office including, but not limited to, forms, receipt books, printing, postage, office supplies, and equipment. (b) Personnel of the solicitor's office shall be considered part of the Carroll County civil service system for the purposes of county insurance, county retirement programs, and all other county benefits. Section 3 . This Act shall become effective on January 1, 1993. Section 4 . Reserved. 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 1992 session of the General Assembly of Georgia a bill to amend an Act extablishing the State Court of Carroll County, approved December 21 1897 (Ga. L. 1897, p. 438), as amended; and for other purposes. This 7th day of February, 1992. s/ Honorable Charles A. Thomas, Jr., Representative, 69th District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles A. Thomas, Jr., who, on oath, deposes and says that he is Representative from the 69th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Georgian, which is the official organ of Carroll County, on the following date: February 12, 1992.
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/s/ Charles A. Thomas, Jr. Representative, 69th District Sworn to and subscribed before me, this 5th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992. CITY OF RUTLEDGENEW CHARTER. No. 1363 (House Bill No. 2102). AN ACT To provide a new charter for the City of Rutledge; 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, vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, and procedures; to provide for ordinances and codes; to provide for a Mayor and Mayor pro tempore and certain duties, powers, and other matters relative thereto; 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 and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting, budgeting, and appropriations; to provide for city contracts; to provide for the
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conveyance of property; to provide for bonds for officials; to provide for eminent domain; to provide for prior ordinances, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability and effective dates; to provide for specific repeal; 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 corporation under the name and style of the City of Rutledge, 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 Rutledge, Georgia. Photographic, typed, or other copies of such map or description certified by the City Clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The City Council may provide for the changes in the existing city boundaries by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. Section 1.12 . Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future constitution and laws of this state as fully and completely as though they were specifically enumerated in this
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charter. This city shall have all the powers of self government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Section 1.13 . Examples of powers. (1) Air, water pollution, and noise. 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 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, 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
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and regulate the same; to provide for the manner and method of payment of such licenses after due process for failure to pay any city taxes or fees. (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations. (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city. (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof. (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges. (11) General health, safety and welfare. To define, regulate and prohibit any act, practice, conduct or use of
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property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards. (12) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains and squares in the city, to provide for commitment of such 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.
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(18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city. (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof. (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties, 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) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia. (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the City Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community. (24) Police and fire protection. To exercise the power of arrest through duly appointed policemen, and to establish,
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operate, or contract for a police and a fire fighting agency. (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public. (26) Public improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial. (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; to own and operate its own franchises for the delivery of such services to include cable television and related services.
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(30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances. (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city. (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city, for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses and underpasses for private use at such location, and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so. (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equiping, operating, maintaining, and extending of a sewage disposal plan and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing
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payment of the same; and to charge, impose and collect a sewer connection fee or fees to those connected with the system. (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish and refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items. (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors. (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (37) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (38) Taxes; other. 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
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amounts to be prescribed by ordinance; and to regulate the parking of such vehicles. (40) Urban redevelopment. To organize and operate an urban redevelopment program. (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the constitution or applicable laws of the State of Georgia. Section 1.14 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II. GOVERNMENT STRUCTURE Section 2.10 . City Council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a City Council to be composed of four councilmembers. The four council posts shall be numbered consecutively as Council Post 1 through Council Post 4. Any person desiring to run for city councilmember shall designate the desired council post. The Mayor and members of City Council shall be elected by a majority of the qualified electors voting in the elections conducted for
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that purpose. The Mayor and City Council members shall be elected in the manner provided by this charter. All elected officers shall commence service on January 1 following their respective elections. Section 2.11 . City Council terms and qualifications for office. The Mayor and members of the City Council shall serve for the terms of office specified in this charter and until their respective successors are elected and qualified. No person shall be eligible to serve as Mayor or councilmember unless he shall have been a resident of the city for one year immediately prior to the date of the election. The Mayor and each councilmember shall continue to reside therein during their period of service and to be registered and qualified to vote in municipal elections of this city. No person shall be eligible to hold the office of Mayor unless he shall be at least 25 years of age. No person shall be eligible to hold the office of councilmember unless he shall be at least 21 years of age. Any person desiring to hold the office of Mayor or councilmember shall have paid all personal taxes required by the city. Section 2.12 . Vacancy; filling of vacancies; suspensions. (a) Vacancies. The office of Mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of Mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (b) Suspension. Upon the suspension from office of Mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the City Council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided in this charter. Section 2.13 . Compensation and expenses. The Mayor and members of City Council shall receive compensation and expenses for their services as provided by ordinance.
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Section 2.14 . Holding other office; voting when personally interested. (a) Except as authorized by law, the Mayor or any member of City Council shall not hold any other city office or city employment during the term for which he was elected. (b) Neither the Mayor nor any member of the City Council shall vote upon, sign or veto any ordinance, resolution, contract or other matter in which he is personally interested. Section 2.15 . Inquiries and investigations. The City Council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the City Council shall be punished as provided by ordinance. Section 2.16 . General power and authority of the Mayor and City Council. Except as otherwise provided by the charter, the Mayor and City Council shall be vested with all the powers of government of this city as provided by Article I. Section 2.17 . Eminent domain. The City Council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, 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. Section 2.18 . Organizational meetings. The Mayor and City Council shall hold an organizational meeting during the last week of December following each municipal election. In the event the Mayor and Mayor pro tempore are serving terms of office which are to expire on December 31 of that election year,
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the City Clerk shall call the meeting to order and the oath of office shall be administered to the newly elected members. New members who are thus sworn shall commence service in their respective offices on the following January 1 without the need for an additional meeting. The oath to be administered shall be administered to the newly elected members by an officer authorized by law to administer such oaths and shall be as follows: I do solemnly swear that I will faithfully perform the duties of (Mayor) (councilmember) of the City of Rutledge 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. 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 two members of the City Council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to members of the City Council 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, unless consented to by resolution by the Mayor and all members of City Council. (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 meetings. Section 2.20 . Rules of procedure. (a) The City Council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. The rules of procedure adopted shall not expand or restrict
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any powers assigned to the Mayor or 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 his pleasure. The Mayor shall have the power to appoint new members to any committee at any time. Section 2.21 . Quorum; voting. The Mayor and two members of the City Council, or in the absence of the Mayor three councilmembers, shall constitute a quorum and shall be authorized to transact business of the City Council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the City Council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of councilmembers with a quorum present shall be required for the adoption of any ordinance, resolution, or motion. Section 2.22 . Ordinance form; procedures. (a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Rutledge 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 in Section 2.24. Upon introduction of any ordinance, the City Clerk shall as soon as possible distribute a copy to the Mayor and to each councilmember and shall file a reasonable number of copies in the office of the City Clerk and at such other public places as the City Council may designate. Section 2.23 . Action requiring an ordinance. Acts of the City Council which have the force and effect of law shall be
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enacted by ordinance. All other matters of business shall be considered in the form of a 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 two members of City Council and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least a majority of councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.25 . Codes of technical regulations. (a) The City Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) The requirements of Section 2.22(2) 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
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and recorded by the City Clerk pursuant to Section 2.26. (b) Copies of any adopted code of technical regulations shall be made available by the City Clerk for distribution or for purchase at a reasonable price. Section 2.26 . Signing; authenticating; recording; codification; printing. (a) The City Clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The City Council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the City Council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the City Council may specify. This compilation shall be known and cited officially as The Code of the City of Rutledge, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the City Council. (c) The City Council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the City Council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The City Council shall make such further arrangements as deemed desirable with the reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.27 . Election of Mayor; forfeiture; compensation. The Mayor shall be elected and serve for the term of office specified by this charter and until his successor is elected and qualified. He shall be a qualified elector of this city and shall
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have been a resident of this city at least one year 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. Compensation of the Mayor and councilmembers shall be determined by local ordinance. Section 2.28 . Chief executive officer. The Mayor shall be the chief executive of this city. He shall possess all of the executive and administrative power granted to the city under the constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter. Section 2.29 . Powers and duties of Mayor. As the chief executive of this city, the Mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) 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 City Council a recommended operating budget and recommended capital budget; (5) Submit to the City 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) 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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(7) Call special meetings of the City Council as provided for in Section 2.19(b); (8) Approve or disapprove ordinances as provided in Section 2.30; (9) Provide for an annual audit of all accounts of the city; (10) Require any department or agency of the city to submit written reports whenever he deems it expedient; (11) Perform such other duties as may be required by law, this charter, or by ordinance; and (12) Vote at City Council meetings only in the case of a tie vote by councilmembers. Section 2.30 . Submission of ordinances to the Mayor; veto power. (a) Every ordinance adopted by the City Council shall be presented promptly by the City Clerk to the Mayor. (b) The Mayor, within ten calendar days of receipt of an ordinance, shall return it to the City Clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the Mayor, it shall become law upon its return to the City Clerk; if the ordinance is neither approved nor disapproved, it shall become law at 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 his reasons for his 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. If the City Council then or at its next general meeting adopts the ordinance by a majority vote of all the 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 herein. The reduced part or parts shall be presented to the City Council as though disapproved and shall become law unless overridden by the City Council as provided in subsection (c) of this section. Section 2.31 . Mayor pro tempore. By a majority vote, members of City Council shall elect a councilmember to serve as Mayor pro tempore. The Mayor pro tempore shall assume the duties and powers of the Mayor during the Mayor's disability or absence. Any such disability or absence shall be declared by a majority vote of the City Council. ARTICLE III. ADMINISTRATIVE AFFAIRS Section 3.10 . Administrative and service departments. (a) Except as otherwise provided in this charter, the City Council, by ordinance, shall prescribe the functions or duties, and establish, abolish or alter all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the Mayor, be responsible for the administration and direction of the affairs and operations of his 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
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directors under his supervision but such shall not be effective for 14 calendar days following the Mayor giving written notice of such action and the reasons therefor to the director involved and 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 the majority of all the 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) Any member of a board, commission or authority may be removed from office for cause by a majority vote of all the members of the City Council. (e) 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. (f) Any vacancy on a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (g) No member of a board, commission or authority shall assume office until he has execute and filed with the City Clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance and administered by the Mayor.
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(h) Except as otherwise provided by this charter or by law, each board, commission or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission or authority of the city shall have the power to promulgate such bylaws or rules and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the City Clerk. Section 3.12 . City attorney. The Mayor shall appoint, subject to approval by the City Council, 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 associate council as needed; may be prosecuting officer in the municipal court; shall attend the meetings of the City Council as directed; shall advise the Mayor and City Council and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the position as city attorney. Section 3.13 . City Clerk. The Mayor shall appoint, subject to approval by the City Council, a City Clerk who shall not be a member of the City Council. The office of City Clerk may be a part-time or full-time position. The City Clerk shall be custodian of the official city seal; maintain City Council records required by this charter; maintain a correct record of all proceedings of the city court; and perform such other duties as may be required by the City Council. Section 3.14 . City treasurer. The Mayor shall appoint, subject to approval by the City Council, a city treasurer, who may be the same person as the City Clerk, to collect all taxes, licenses, fees, and other monies belonging to the city subject to the provisions of this charter and the ordinances of the city, and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by
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the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. Section 3.15 . City accountant. The Mayor shall appoint, subject to approval by the City Council, a city accountant to perform the duties of an accountant. Section 3.16 . Position classification and pay plans. The Mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the City Council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted, the City Council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. Section 3.17 . Personnel policies. The City Council shall adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, methods 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 . Court creation; name. There shall be a court to be known as the Municipal Court of the City of Rutledge. Section 4.11 . Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance.
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(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 judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of a majority 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 City Council held in January of each even-numbered year. (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. 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 $500.00 or imprisonment for 30 days or both such fine and imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now, or hereafter provided by law. Maximum punishment for offenses committed under state law shall be those limits established by state law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation,
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and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to 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 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
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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 violations cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Morgan County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4.15 . Rules for court. With the approval of the City Council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the City Council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the City Clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V. ELECTIONS AND REMOVAL Section 5.10 . Applicability of general law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 21, Chapter 3 of the Official Code of Georgia Annotated, as now or hereafter amended. Section 5.11 . Municipal general election. After the first municipal election provided for in Section 7.12, the municipal general election shall be held on the Tuesday next following the first Monday in November of every odd-numbered year. 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 of the City Council and the Mayor. (a) The Mayor and councilmembers from Posts 1 and
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3 who are serving in such offices on March 1, 1992, and any person selected to fill a vacancy in such offices, shall serve out their terms of office which expire December 31, 1992, and upon the election and qualification of their respective successors. Those successors shall be elected at the municipal general election in 1992, take office the first day of January immediately following such election, and serve terms of office which expire December 31, 1997, and upon the election and qualification of their successors. (b) The councilmembers from Posts 2 and 4 who are serving in such offices on March 1, 1992, and any person selected to fill a vacancy in such offices, shall serve out their terms of office which expire December 31, 1995, and upon the election and qualification of their respective successors. Those successors shall be elected at the municipal general election in 1995, take office the first day of January immediately following such election, and serve terms of office which expire December 31, 1999, and upon the election and qualification of their respective successors. (c) After successors are elected pursuant to subsections (a) and (b) of this section, successors to the Mayor and councilmembers whose terms of office are to expire shall be elected at the municipal general election immediately preceding the expiration of such terms and shall take office the first day of January immediately following that election and serve for terms of office of four years each and until their respective successors are elected and qualified. 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 remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Chapter 3 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended.
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Section 5.15 . Other provisions. Except as otherwise provided by this charter, the City Council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. Section 5.16 . Removal of officers. The Mayor, members of City Council, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) By an order of the Superior Court of Morgan County following a hearing on a complaint seeking such removal brought by any resident of the City of Rutledge; (2) By recall pursuant to Georgia law; or (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 rate; due dates; payment methods. The City Council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The City Council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation and business taxes. The City Council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes
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may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The City Council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18. Section 6.13 . Licenses; permits; fees. The City Council by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18. The City Council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitates. Section 6.14 . Franchises. The City Council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The City Council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The City Council shall provide for the registration of all franchises with the City Clerk in a registration book kept by him. The City Council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15 . Service charges. The City Council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate
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limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.16 . Special assessments. The City Council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.17 . Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of delinquent taxes and fees. The City Council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. The City of Rutledge shall have the power to file its' tax fi.fa's in the Superior Court, State Court, or Magistrate Court of Morgan County and to utilize processes of garnishment and execution to collect those taxes. Section 6.19 . General obligation bonds. The City Council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
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Section 6.20 . Revenue bonds. Revenue bonds may be issued by the City Council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. Section 6.21 . Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22 . Fiscal year. The City Council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the city government. Section 6.23 . Preparation of budgets. The City Council shall provide an ordinance on the procedures and requirements for the preparation and exectuion of an annual operating budget, a capital improvement program and a capital budget, including requirements as to the scope, content and form of such budgets and programs. Section 6.24 . Submission of operating budget to City Council. On or before a date fixed by the City Council but not later than 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 and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the City Clerk and shall be open to public inspection. Section 6.25 . Action by City Council on budget. (a) The City Council may amend the operating budget proposed by the Mayor; except, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service
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requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The City Council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than December 31 each year. If the City Council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the City Council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23. Section 6.26 . Tax levies. Following adoption of the operating budget, the City Council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount appropriate for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. Section 6.27 . Changes in appropriations. The City Council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. Section 6.28 . Capital improvements budget. (a) On or before the date fixed by the City Council but no later than 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 fiscal year. The City Council shall have power to accept, with or without amendments,
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or reject the proposed program and proposed means of financing. The City Council shall not authorize an expenditure for the constructing of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24. (b) The City Council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 31 each year. No appropriation provided for in a prior capital improvement budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the Mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 6.29 . Independent audit. There shall be an annual independent audit of all city accounts, funds and financial transactions by a certified public accountant selected by the City Council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. Section 6.30 . Contracting procedures. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, it 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 journal of proceedings pursuant to Section 2.21.
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Section 6.31 . Centralized purchasing. The City Council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.32 . Sale of city property. (a) The City Council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The City Council may quitclaim any rights it may have in property not needed for public purposes upon report by the Mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut off or separated by such work form a larger tract or boundary of land owned by the city, the City Council may authorize the Mayor to execute and deliver in the name of the city a deed conveying said cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley or public place when such swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII. GENERAL PROVISIONS Section 7.10 . Bonds for officials. The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the City Council shall from time to time require by ordinance or as may be provided by law. Section 7.11 . Prior ordinances. All ordinances, resolutions, rules and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the City Council.
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Section 7.12 . First election under this charter. The first municipal general election under this charter shall be held on the Tuesday next following the first Monday in November, 1992. 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 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 7.14 . Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel or offices as may be provided by the City Council. Section 7.15 . Construction. (a) Section captions in this charter are informative only and are not to be considered as 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 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.
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Section 7.17 . Effective date. Those provisions of this Act necessary for the election of the Mayor and councilmembers from Posts 1 and 3 at the 1992 municipal general election shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective September 1, 1992. Section 7.18 . Specific repealer. An Act incorporating the City of Rutledge in the County of Morgan, approved August 13, 1909 (Ga. L. 1909, p. 1345), is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. 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 1992 session of the General Assembly a bill to provide a new charter for the City of Rutledge; to repeal the Act incorporating the City of Rutledge, approved August 13, 1909 (Ga. L. 1909, p. 1345), as amended; to provide for all matters related thereto; and for other purposes. This 2nd day of March, 1992. CHARLES W. MERRITT, JR. Attorney for the City of Rutledge 120 South Main Street Madison, Georgia 30650 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank E. Stancil, who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Madisonian, which is the official organ of Morgan County, on the following date: March 5, 1992.
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/s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 12th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992. HALL COUNTY WATER AND SEWERAGE AUTHORITYCREATION. No. 1364 (House Bill No. 2056). AN ACT To create the Hall County Water and Sewerage 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, and the State of Georgia and its political subdivisions and instrumentalities thereof; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewerage systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to confer powers and to impose duties on the authority; to provide for the members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or obligations of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost
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of such undertakings or projects and to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations and to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of Hall County or any municipality in Hall County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to provide for the authority to condemn property of every kind except a portion of or any municipally owned water and sewer system or its lines; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law; to provide for liberal construction; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title. This Act shall be known and may be cited as the Hall County Water and Sewerage Authority Act. Section 2 . Hall County Water and Sewerage Authority. (a) There is created a body corporate and politic to be known as the Hall County Water and Sewerage Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, or employees of the authority. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act.
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(b) The membership of the authority shall be made up of the following members, all of whom shall be residents of Hall County, Georgia: (1) each member of the Board of Commissioners of Hall County, Georgia, shall be a member of the authority; (2) each member of the board of commissioners except the chairman shall nominate a member to serve on the authority; and (3) the chairman of the board of commissioners shall serve as the chairman of the authority. The members so nominated shall be approved and appointed by action of the board of commissioners. If any member so nominated is not approved, then the commissioner making the nomination not approved shall nominate someone else for approval by the board of commissioners. The terms of the initial members appointed by the board of commissioners shall be staggered terms of one, two, three, and four years; thereafter, such members shall serve four-year terms. (c) Any member of the authority may be selected and appointed to succeed himself. Immediately after such appointments, the members of such authority shall enter upon their duties. Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy, and the person so selected and appointed shall serve for the remainder of the unexpired term. The authority shall elect one of its members as vice chairman, and it shall also elect a secretary and a treasurer or a secretary-treasurer, each of which does not necessarily have to be a member of the authority; however, if not a member, the secretary, treasurer, or secretary-treasurer shall have no voting rights. The members of the authority who are not members of the board of commissioners shall be compensated at the rate of $50.00 per authority meeting or at such higher rate as determined by the governing body of Hall County; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence. (d) A majority of the members of the authority shall constitute a quorum and, except as provided below, any action may be taken by the authority upon the affirmative vote of a majority of a quorum of the members, but at least three members of such required majority of a quorum shall be commissioners
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of Hall County, Georgia. 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. A majority vote of the total membership of the authority shall be required for the authority to create any debt or issue any negotiable revenue bonds, but at least three members of such required majority of the total membership shall be commissioners of Hall County, Georgia. (e) The attorney at law for the authority shall be the county attorney appointed by the Board of Commissioners of Hall County, Georgia. Section 3 . Definitions. As used in this Act, the term: (1) Authority means the Hall County Water and Sewerage Authority created in Section 2 of this Act. (2) Cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural, fiscal, and legal expenses and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing authorized by this Act, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of 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
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State of Georgia and counties and municipalities for the purpose of resale inside and outside the territorial boundaries of Hall County, and additions and improvements to and extensions of such facilities and the operation and maintenance of same so as to assure an adequate water system, the acquisition, construction, and equipping of sewerage facilities useful and necessary for the gathering of waste matter, 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 Hall County, and additions and improvements to and extensions of such facilities and the operation and maintenance of same so as to assure an adequate sewerage system. Said water facilities and said sewerage facilities, at the discretion of the authority, may be combined at any time as one revenue-producing undertaking and operated and maintained as such. (4) Revenue bonds, bonds, and obligations as used in this Act shall mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and such type of obligations may be issued by the authority as authorized under the Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority the issuance of which are specifically provided for in this Act. (5) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 4 . Powers. The authority shall have the following powers:
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(1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions 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 to dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit action or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the authority shall deem it expedient to construct any project on any lands the title to which shall then be in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such land in accordance with the applicable laws of the State of Georgia; and if the authority shall deem it expedient to construct any project on any lands the title to which shall then be in Hall County or in any municipality incorporated in said county, the governing authority or body of said county or of any of said municipalities, if the governing authority of said county or of any of said municipalities consents thereto,
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is authorized to convey title to such lands to the authority upon payment for the credit of the general funds of said county or municipalities the reasonable value of such lands. Notwithstanding anything to the contrary contained in this Act, the authority shall have the nonexclusive right, easement, and franchise of laying the necessary mains, pipes, conduits, and drains for waterworks, sewerage, and drainage systems purposes within the rights of way of streets, roads, and highways in the county of Hall or within the rights of way of streets, roads, and highways in the corporate limits of any municipality incorporated in said county, without cost except that the authority shall repair all damage done by the authority by reason thereof; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To make and execute contracts, leases, and instruments, which shall be necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed or acquired; and any and all persons, firms, and corporations, the state and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of service and facilities by the authority to such municipal corporations, counties, and political subdivisions for a term not exceeding 50 years; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act, the cost of
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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 thereto; (7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (9) To borrow money for any of its corporate purposes and to execute notes or other evidences of such indebtedness and to secure the same; (10) To issue negotiable revenue bonds payable solely from funds pledged for the purpose, and to provide for the payment of the same and for the rights of the holders thereof; (11) The exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (12) To do all things necessary or convenient to carry out the powers expressly given in this Act; and (13) The authority shall be subject to all of the provisions of Chapters 14 and 18 of Title 50 of the O.C.G.A., the open meetings and open records laws of the State of Georgia.
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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 at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost of any one or more projects, as defined in paragraph (2) of Section 3 of this Act. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates, shall provide for when interest shall be payable and when principal shall mature, and shall be payable in such medium of payments as to both principal and interest, all as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. In addition, the authority shall have the power to issue revenue bonds or obligations pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. Section 6 . Same; form; denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form or both as the authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 7 . Same; signatures; seal. All such bonds shall bear the manual or facsimile signature of the chairman of the authority, attested by the manual or facsimile signature of the secretary of the authority, and the official seal of the authority or a facsimile thereof shall be affixed thereto 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
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signed, sealed, and attested on behalf of the authority by such person 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 signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Section 8 . 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 laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose and said bonds and the income thereof shall be exempt from all taxation within the state. Section 9 . Same; sale; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. Section 10 . Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may under like restrictions issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 11 . Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost. Section 12 . Same; conditions precedent to issuance. Such revenue bonds shall be issued as required by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. Any resolution providing for the issuance of revenue
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bonds under the provisions of this Act shall become effective immediately upon passage; 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 constitute a debt of Hall County or any municipality in Hall County, nor a pledge of the faith and credit of said county or any such 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 the said county or any such municipality to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 14 . Trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside of the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual
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right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 15 . To whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes provided for in 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 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 which revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) Any premium upon bonds acquired by redemption, payment, or otherwise;
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(4) The necessary charges of the paying agent or agents for paying principal and interest; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one or 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 be reissued, printed, and delivered. Section 17 . Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights given by 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 by 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
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governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 19 . Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Hall County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 20 . Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law; the petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof shall not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Hall County Water and Sewerage Authority. Section 21 . Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the
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authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions 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. Section 23 . Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Hall 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 Hall County when in performance of their public duties or work of the county. Section 24 . Rates, charges, and revenues; use. The authority is authorized to prescribe and revise from time to time rates, fees, tolls, and charges and to collect such rates, fees, tolls, and charges for the services, facilities, or commodities furnished and, in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as provided by this Act to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment, or extension of a water system, 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 and income of such undertakings or projects, including the revenues of improvements, betterments, or extensions thereto thereafter made. Section 25 . Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed
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under the provisions of this Act, including the basis on which water service and facilities, sewerage service and facilities, or both shall be furnished. Section 26 . Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. This Act does not in any way take from Hall County or any municipality located therein or any adjoining county the authority to own, operate, and maintain a water system, a sewerage system, or a combined water and sewerage system or to issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. This Act does not grant the authority the right to condemn a portion of or any municipally owned water and sewer system or its lines. Section 27 . Liberal construction of Act. This Act being for the welfare of various political subdivisions of the State of Georgia and their inhabitants shall be liberally construed to effect the purposes hereof. Section 28 . Severability. 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 the remainder or any other part of this Act, 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 of this Act. Section 29 . Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE IS hereby given that there will be introduced at the regular 1992 session of the GENERAL ASSEMBLY OF GEORGIA, a bill creating the Hall County Water and Sewerage
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Authority, conferring powers and imposing duties on said Authority and for other purposes. THIS 15th day of January, 1992. HALL COUNTY BOARD OF COMMISSIONERS BY: CURTIS SEGARS GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times, which is the official organ of Hall County, on the following date: January 17, 1992. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 22nd day of January, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992.
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CITY OF ATLANTAHOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 1365 (House Bill No. 1780). AN ACT To provide a homestead exemption from certain City of Atlanta School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide that the exemption shall be in lieu of and not in addition to certain homestead exemptions; to provide for applicability; 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 City of Atlanta School District, but not including taxes to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40. Section 2 . Each resident of the City of Atlanta School District is granted an exemption on that person's homestead from all City of Atlanta School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of that homestead. Section 3 . The tax commissioner of Fulton 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
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the exemption and may require periodic certification by the owner that the owner occupies the residence as a homestead. Section 4 . The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead and the owner certifies when requested by the tax commissioner of Fulton County or the designee thereof that the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Fulton County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1 of the year immediately preceeding the year the homestead exemption provided under this Act first becomes applicable, has applied for and is eligible for a homestead exemption from the City of Atlanta, shall be eligible for the exemption granted under this Act without further application if that person has applied for and has been eligible for the immediate preceeding year for such exemption. Section 5 . The exemption granted by this Act shall not apply to or affect any state taxes, City of Atlanta taxes for city purposes, county school district taxes for educational purposes, or county taxes for county purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to City of Atlanta School District ad valorem taxes for educational purposes. A person entitled to an exemption under local law or local constitutional amendment in an amount greater than this exemption shall be entitled to such exemption in lieu of the exemption granted by this Act. Section 6 . The exemption granted by this Act shall apply to all taxable years beginning on or after January 1 of the year in which the amount of the Fulton County tax digest attributable to the residential classification increases by 30 percent or more over the amount of the 1990 Fulton County tax digest attributable to the residential classification.
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Section 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Atlanta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Atlanta School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 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 Fulton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from certain City of Atlanta School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that district upon a 30 percent increase in the residential classification of the Fulton County tax digest and which is in lieu of certain smaller existing homestead exemptions? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 6 shall become of full force and effect immediately and shall be applicable to all taxable years specified in Section 6 of this Act. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
Page 7006
The expense of such election shall be borne by the City of Atlanta. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 8 . Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide an increased homestead exemption from certain City of Atlanta School District ad valorem taxes for educational purposes for certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of a certain prior homestead exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes. This 4th day of February, 1992. Honorable Jim Martin Representative, 26th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Martin, who, on oath, deposes and says that he is Representative from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: February 7, 1992. /s/ Jim Martin Representative, 26th District
Page 7007
Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992. CITY OF ATLANTAHOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 1366 (House Bill No. 1785). AN ACT To provide a homestead exemption from certain City of Atlanta ad valorem taxes for city purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide that the exemption shall be in lieu of and not in addition to certain homestead exemptions; to provide for applicability; 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 city purposes means all ad valorem taxes for city purposes levied by, for, or on behalf of the City of Atlanta, but not including taxes to retire bonded indebtedness.
Page 7008
(2) Homestead means homestead as defined and qualified in Code Section 48-5-40. Section 2 . Each resident of the City of Atlanta is granted an exemption on that person's homestead from all City of Atlanta ad valorem taxes for city purposes in the amount of $15,000.00 of the assessed value of that homestead. Section 3 . The tax commissioner of Fulton County or the designee thereof shall provide application forms for the exemption granted by this Act, shall require such information as may be necessary to determine the eligibility of the owner for the exemption, and may require periodic certification by the owner that the owner occupies the residence as a homestead. Section 4 . The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead and the owner certifies when requested by the tax commissioner of Fulton County or the designee thereof that the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Fulton County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1 of the year immediately preceding the year the homestead exemption provided under this Act first becomes applicable, has applied for and is eligible for a homestead exemption from City of Atlanta ad valorem taxes shall be eligible for the exemption granted under this Act without further application if that person has applied for and been eligible for the immediately preceding year for such exemption. Section 5 . The exemption granted by this Act shall not apply to or affect any state taxes, City of Atlanta School District taxes for educational purposes, county taxes for county purposes, or county school district taxes for educational purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to City of Atlanta ad valorem taxes for city purposes. A person entitled to an exemption under local law or local constitutional
Page 7009
amendment in an amount greater than this exemption shall be entitled to such exemption in lieu of the exemption granted by this Act. Section 6 . The exemption granted by this Act shall apply to all taxable years beginning on or after January 1 of the year in which the amount of the Fulton County tax digest attributable to the residential classification increases by 30 percent or more over the amount of the 1990 Fulton County tax digest attributable to the residential classification. Section 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Atlanta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Atlanta for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 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 Fulton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from certain City of Atlanta ad valorem taxes for city purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that city upon a 30 percent increase in the residential classification of the Fulton County tax digest and which is in lieu of certain existing smaller homestead exemptions from City of Atlanta ad valorem taxes?
Page 7010
All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 6 shall become of full force and effect immediately and shall be applicable to the taxable years specified in Section 6 of this Act. If Section 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 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 Atlanta. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 8 . Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to provide an increased homestead exemption from certain City of Atlanta ad valorem taxes for city purposes for certain residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of certain prior homestead exemptions; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes. This 4th day of February, 1992. Honorable Jim Martin Representative, 16th District
Page 7011
GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Martin, who, on oath, deposes and says that he is Representative from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: February 7, 1992. /s/ Jim Martin Representative, 26th District Sworn to and subscribed before me, this 10th day of February, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 4, 1992. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITYSTATE AND FEDERAL FUNDS. No. 1386 (House Bill No. 586). AN ACT To amend an Act approved March 16, 1971 (Ga. L. 1971, p. 2082) and an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), relating to the Metropolitan Atlanta Rapid Transit Authority and the Metropolitan Atlanta Rapid Transit System, so as to provide that the Metropolitan Atlanta Rapid Transit Authority will be eligible to receive certain funds; to repeal provisions prohibiting appropriations by the State of Georgia to the Metropolitan Atlanta Rapid Transit Authority and certain legislative statements of intent; to provide that certain funds for the
Page 7012
Metropolitan Atlanta Rapid Transit Authority shall be disbursed through the Department of Transportation; to provide for intent; 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 approved March 16, 1971 (Ga. L. 1971, p. 2082), relating to the Metropolitan Atlanta Rapid Transit Authority and the Metropolitan Atlanta Rapid Transit System, is amended by striking Section 2 thereof which reads as follows: Section 2. State Appropriations. After the tax herein authorized becomes effective as in Section 1 provided, the State of Georgia shall not appropriate any funds to the Metropolitan Atlanta Rapid Transit Authority. This provision shall not prevent the State from contracting with said Authority for services, nor from granting to said Authority easements, rights of way and leasehold interests in and through State property., and inserting in its place a new Section 2 to read as follows: Section 2. State and federal appropriations. (a) Any funds of the State of Georgia that are appropriated for the Metropolitan Atlanta Rapid Transit Authority, and any federal funds granted to the state and allocated to the Metropolitan Atlanta Rapid Transit Authority, shall be disbursed through the Georgia Department of Transportation, unless otherwise provided by law. (b) Subsection (a) of this section shall not apply with respect to funds of any political subdivision of the State of Georgia appropriated for the Metropolitan Atlanta Rapid Transit Authority. Subsection (a) of this section shall not apply with respect to federal funds granted: (1) directly to the Metropolitan Atlanta Rapid Transit Authority, including but not limited to fixed guideway construction grants, fixed guideway modernization grants, and federal operating assistance grants from the Federal Transit Administration; or (2)
Page 7013
to any governmental or quasi-governmental body other than the state and allocated to the Metropolitan Atlanta Rapid Transit Authority. Section 2 . An Act approved April 16, 1979 (Ga. L. 1979, p. 4634), relating to the Metropolitan Atlanta Rapid Transit Authority and the Metropolitan Atlanta Rapid Transit System, is amended by repealing Section 1A thereof which reads as follows: Section 1A. It is the intent of the General Assembly that federal or State funds allocated to the Transportation Department of Georgia for highway construction shall not be used for the construction or operation of the Metropolitan Atlanta Rapid Transit System. Section 3 . The Metropolitan Atlanta Rapid Transit Authority shall be eligible to receive funds from the State of Georiga or its several departments; provided, however, it is the intent of the General Assembly that state funds shall not be used to subsidize the operating costs of the Metropolitan Atlanta Rapid Transit System. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act approved March 16, 1971 (Ga. L. 1971, p. 2082) and an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), relating to the Metropolitan Atlanta Rapid Transit Authority and the transit system operated thereby; to provide that the Metropolitan Atlanta Rapid Transit Authority will be eligible to receive certain funds; and for other purposes.
Page 7014
This 14th day of January, 1991. Honorable Dean Alford Representative, 57th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 1, 1991. /s/ C. Dean Alford Representative, 57th 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) 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 approved March 16, 1971 (Ga. L. 1971, p. 2082) and an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), relating to the Metropolitan Atlanta Rapid Transit Authority and the transit system operated thereby; to provide that the Metropolitan Atlanta Rapid Transit Authority will be eligible to receive certain funds; and for other purposes. This 14th day of January, 1991. -s- Dean Alford Representative, 57th District
Page 7015
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 which is the official organ of Gwinnett County, on the following date: January 24, 1991. /s/ C. Dean Alford Representative, 57th 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) 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 approved March 16, 1971 (Ga. L. 1971, p. 2082) and an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), relating to the Metropolitan Atlanta Rapid Transit Authority and the transit system operated thereby; to provide that the Metropolitan Atlanta Rapid Transit Authority will be eligible to receive certain funds; and for other purposes. This 14th day of January, 1991. DEAN ALFORD Honorable Dean Alford Representative, 57th District
Page 7016
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: January 18, 1991. /s/ C. Dean Alford Representative, 57th 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) 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 approved March 16, 1971 (Ga. L. 1971, p. 2082) and an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), relating to the Metropolitan Atlanta Raid Transit Authority and the transit system operated thereby; to provide that the Metropolitan Atlanta Rapid Transit Authority will be eligible to receive certain funds; and for other purposes. Thisday of19. Honorable Dean Alford Representative, 57th District
Page 7017
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 an oath that the legal advertisement, a true copy of which is hereto annexed, was published in said newspaper in its issues of the January 29, 1991. Signed, Joe Hiett, Publisher 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 (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 amend an Act approved March 16, 1971 (Ga. L. 1971, p. 2082) and an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), relating to the Metropolitan Atlanta Rapid Transit Authority and the transit system operated thereby; to provide that the Metropolitan Atlanta Rapid Transit Authority will be eligible to receive certain funds; and for other purposes. This 14th day of January, 1991. Honorable Dean Alford Representative, 57th District
Page 7018
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 a true copy of which is hereto annexed, was published in said newspaper in its issue of the 24th day of January 1991. /s/ Gerald Wm. Crane Co-Publisher /s/ Linda L. Orr Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me this 24th day of January 1991. /s/ Samme Johnson Notary Public, Gwinnett County, Georgia My Commission Expires January 1, 1994 (SEAL) Approved May 4, 1992.
Page 7019
CITY OF POOLERCORPORATE LIMITS; REFERENDUM. No. 1415 (House Bill No. 2026). AN ACT To amend an Act creating a new charter for the City of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4242), an Act approved March 18, 1980 (Ga. L. 1980, p. 3131), an Act approved April 12, 1982 (Ga. L. 1982, p. 3872), an Act approved March 19, 1984 (Ga. L. 1984, p. 4326), and an Act approved April 7, 1986 (Ga. L. 1986, p. 5592), so as to change the corporate limits of the City of Pooler; 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 Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4242), an Act approved March 18, 1980 (Ga. L. 1980, p. 3131), an Act approved April 12, 1982 (Ga. L. 1982, p. 3872), an Act approved March 19, 1984 (Ga. L. 1984, p. 4326), and an Act approved April 7, 1986 (Ga. L. 1986, p. 5592), is amended by adding to the end of subsection (d) of Section 1.11 the following: TRACT I. All that certain tract or parcel of land lying and being in Chatham County, Georgia and being described as follows: Beginning at the point where the northern right of way line of Fourth Street (formerly Greenway St.) intersects the eastern right of way line of U.S. Interstate Highway 95 (I-95) and proceeding thence in a northerly direction along the eastern right of way line of U.S. Interstate Highway 95 (I-95) to the point where it first intersects the existing city limits line of the City of Savannah, Georgia; proceeding thence in a eastern and northeastern direction along the aforesaid existing city limits line of the City of Savannah, Georgia to the point where it intersects the northwest right of way line of Bourne Avenue; proceeding thence in a
Page 7020
southerly and southwestern direction along the northwestern right of way line of Bourne Avenue to the point where it intersects the northern right of way line of Fourth Street (formerly Greenway St.); proceeding thence along the northern right of way line of Forth Street in a western direction to the point where it intersects with the eastern right of way line of U.S. Interstate Highway 95 (I-95), being the point of beginning. Saving and Excepting any protion of the above-described land previously annexed into the City of Savannah, Ga. TRACT II. All that certain tract or parcel of land lying and being in Chatham County, Georgia and being described as follows: Beginning at the point where the northern right of way line of U.S Highway 80 intersects the western right of way line of Coleman Blvd. and proceeding thence in a northerly direction along the western right of way line of Coleman Blvd. to the point where it intersects the southern right of way of the former Central of Georgia Railroad; proceeding thence in an easterly direction along the southern right of way of the former Central of Georgia Railroad to the point it intersects the western right of way line of Dean Forest Road; proceeding thence in a southerly direction along the western right of way line of the Dean Forest Road to the point where it intersects the southern right of way line of U.S. Interstate Highway 16 (I-16); proceeding thence in a westerly direction along the southern right of way line of U.S. Interstate Highway 16 (I-16) to the point where it intersects the northern right of way line of the Savannah and Ogeechee Canal proceeding thence along the northern right of way line of the Savannah and Ogeechee Canal in northeasterly direction to the point where it intersects the northern right of way line of U.S. Interstate Highway 16 (I-16); proceeding thence along the northern right of way line of U.S. Interstate Highway 16 (I-16) in a easterly direction until it merges with the western right of way line of U.S. Interstate Highway 95 (I-95); proceeding thence along the western right of way line of U.S. Interstate Highway 95 (I-95) in a north by Northeastern direction to the point where it intersects the northern right of way line of the Savannah and Ogeechee Canal; proceeding thence along the northern right of way line of the Savannah and Ogeechee Canal in a Northeastern direction
Page 7021
to the point where it intersects the eastern right of way of U.S. Interstate Highway 95 (I-95); proceeding thence along the eastern right of way line of U.S. Interstate Highway 95 (I-95) in a northern direction to the point where it intersects the Northern right of way line of Pine Barren Road; Proceeding thence along the Northern right of way line of Pine Barren Road in a northeasterly direction to the point where the northern right of way line of Pine Barren Road if extended would intersect the Northern right of way line of U.S. Highway 80; proceeding thence in Northwestwardly direction along the northeastern right of way line of U.S. Highway 80 to the point where it intersects the western right of way line of Coleman Blvd. which is the point of beginning. SAVING and EXCEPTING that certain tracts of land located east of Coleman Blvd. and north of U.S. Highway 80 previously annexed into the City of Pooler; also SAVING and EXCEPTING any portion of the above-described land previsouly annexed into the City of Savannah. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Pooler shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Pooler for approval or rejection. The election superintendent shall conduct that election on November 3, 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 the City of Pooler or Chatham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which annexes two tracts of land into the city limits of the City of Pooler? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 1993. If the Act is not so approved
Page 7022
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. At least 30 days prior to said election, the election superintendent of the City of Pooler shall prepare a separate list of voters residing in the area proposed to be annexed who are registered to vote in the county. Each of said voters shall be eligible to vote in the election. The election superintendent of Chatham County shall furnish any information which may be required in the preparation of such list of voters by the election superintendent of the City of Pooler. The City of Pooler shall pay to Chatham County the actual expenses of furnishing such information as is required. The expense of such election shall be borne by the City of Pooler. It shall be the duty of the election superintendent of the City of Pooler to hold and conduct such election in the City of Pooler and it shall be the duty of the election superintendent of Chatham County to hold and conduct such election in the area proposed to be annexed. It shall be each superintendent's further duty to certify the results thereof to the Secretary of State. Section 3 . In the event the referendum is approved as provided above, the property that is annexed into the City of Pooler shall have the same zoning or such zoning as is currently permissible under the Zoning Ordinance of the City of Pooler as will permit the uses that the property is being utilized at the time it is annexed into the City of Pooler. 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 1992 session of the General Assembly of Georgia a bill to amend the Charter of the City of POOLER, approved
Page 7023
March 31, 1976 (Ga. L. 1976, p. 3419), as amended, to alter the CORPORATE LIMITS; and for other purposes. This 21 day of January, 1992. Sonny Dixon Representative, District 128 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sonny Dixon, who, on oath, deposes and says that he is Representative from the 128th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: January 22, 1992. /s/ Sonny Dixon Representative, 128th District Sworn to and subscribed before me, this 5th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 6, 1992.
Page 7024
APPLING COUNTYBOARD OF EDUCATION; DISTRICTS. No. 1432 (House Bill No. 2113). AN ACT To amend an Act to change the composition and method of election of the Board of Education of Appling County, approved February 2, 1988 (Ga. L. 1988, p. 3529), as amended, so as to provide new education districts; to provide for definitions and inclusions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act to change the composition and method of election of the Board of Education of Appling County, approved February 2, 1988 (Ga. L. 1988, p. 3529), as amended, is amended by striking in their entireties subsections (b) and (c) of Section 2 and inserting in lieu thereof the following: (b) Each member shall be elected from and by the voters of the education district he represents and not by the voters of the county at large. Each member of the board must be a resident of the education district he represents; and if any member removes his residence from such education district then his office shall be vacated. The five education districts from which members of the board of education shall be elected are as follows: Education District: 1 APPLING COUNTY VTD: 0001 1A AND 1A-1 VTD: 0003 1-B VTD: 0004 1-C (Part) Tract: 9501. Block(s): 262, 275, 276, 281, 285, 286, 287, 288, 289, 290, 291, 292, 293 Tract: 9502.
Page 7025
Block(s): 106, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 124, 139, 151, 152, 153, 154, 155A, 155B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 215B, 216, 217, 218A, 229, 230, 231B, 232, 233, 234B, 236D, 242C VTD: 0005 1-D VTD: 0006 2-A (Part) Tract: 9501. Block(s): 121, 122, 123, 124, 125, 126, 154, 155, 156, 188, 189 VTD: 0007 2-B (Part) Tract: 9502. Block(s): 236B, 241, 242A, 358C, 364A, 374 Education District: 2 APPLING COUNTY VTD: 0004 1-C (Part) Tract: 9502. Block(s): 215A, 236A, 236C VTD: 0006 2-A (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 122, 123, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 183, 184, 301, 302, 303, 304 VTD: 0007 2-B (Part) Tract: 9502. Block(s): 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 156A, 156B, 157, 158A, 158B, 158C, 158D, 159A, 159B, 159C, 159D, 160A, 160B, 161A, 161B, 161C, 162A, 162B, 163, 164, 165, 166, 167A, 167B, 168A, 168B, 169A, 169B, 170, 171, 172, 173, 174, 175, 176, 177A, 177B, 178A, 178B, 179, 180, 181, 182, 213, 214A, 214B, 231A, 234A, 235, 237A, 237B, 237C, 238, 239, 240A, 240B, 242B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 305, 306, 307, 308A, 308B, 308C, 309A, 309B, 309C, 310A, 310B, 311A, 311B, 311C, 312, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 328A, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339,
Page 7026
340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358A, 358B, 359A, 359B, 360, 361, 362, 363, 364B, 364C, 365, 366A, 366B, 366C, 367A, 367B, 367C, 367D, 367E, 368A, 368B, 368C, 368D, 371, 372, 375, 376, 377, 378, 379 VTD: 0010 3-C (Part) Tract: 9503. Block(s): 301, 302, 303, 304, 305, 306, 307, 404, 405, 406, 407 Education District: 3 APPLING COUNTY VTD: 0006 2-A (Part) Tract: 9501. Block(s): 134, 138, 139, 140, 150, 151, 152, 153, 157, 158 VTD: 0007 2-B (Part) Tract: 9502. Block(s): 369A, 369B, 369C, 370, 373 VTD: 0008 3-A VTD: 0009 3-B VTD: 0010 3-C (Part) Tract: 9503. Block(s): 153, 157, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337A, 337B, 338, 339, 340A, 340B, 341, 342, 343, 344A, 344B, 344C, 401, 402A, 402B, 403, 408, 409, 410, 411, 412, 413A, 413B, 414A, 414B, 415A, 415B, 415C, 415D, 416, 417, 418, 419, 420, 421A, 421B, 421C, 421D, 422A, 422B, 423, 424, 425, 426, 427, 428A, 428B, 429, 430, 431, 432A, 432B, 433, 434A, 434B, 434C, 434D, 435, 436, 437A, 437B, 438, 439, 440, 441A, 441B, 442A, 442B, 442C, 442D, 443, 444, 445, 455, 456, 463, 464, 465, 471, 472 Tract: 9504. Block(s): 135, 136, 137, 138, 139, 140, 194, 195 Tract: 9505. Block(s): 102, 103
Page 7027
VTD: 0015 5-A (Part) Tract: 9503. Block(s): 101, 102, 103, 104, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126, 134, 135, 150, 151, 152, 154 Education District: 4 APPLING COUNTY VTD: 0010 3-C (Part) Tract: 9503. Block(s): 155, 156, 255, 256, 257, 258A, 263A Tract: 9504. Block(s): 208 Tract: 9505. Block(s): 105 VTD: 0011 4-A VTD: 0012 4-B VTD: 0013 4-C VTD: 0014 4-D VTD: 0015 5-A (Part) Tract: 9503. Block(s): 258B, 259, 260, 261, 262, 263B, 264, 265, 266, 267, 268, 269 Education District: 5 APPLING COUNTY VTD: 0015 5-A (Part) Tract: 9503. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 119, 127, 128, 129, 130, 131, 132, 133, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201, 202, 203A, 203B, 204, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 211A, 211B, 212A, 212B, 213, 214A, 214B, 215, 216, 217, 218A, 218B, 219A, 219B, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 270, 271, 272, 273, 274, 275, 276, 277 Tract: 9505.
Page 7028
Block(s): 201, 202, 203, 204, 205, 206, 207A, 207B, 208, 209, 210, 211, 232, 296A, 296B, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349 VTD: 0016 5-B VTD: 0017 5-B1 VTD: 0018 5-C (c) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of the Appling County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of the Appling County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not
Page 7029
contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of 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 1992 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating to change the composition and method of election of the Board of Education of Appling County, approved February 2, 1988 (Ga. L. 1988, p. 3529), as amended; and for other purposes. This 5th day of March, 1992. Honorable Roger Byrd Representative, 153rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lunsford Moody, who, on oath, deposes and says that he is Representative from the 153rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News-Banner, which is the official organ of Appling County, on the following date: March 5, 1992. /s/ Lunsford Moody Representative, 153rd District
Page 7030
Sworn to and subscribed before me, this 12th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 8, 1992. APPLING COUNTYBOARD OF COMMISSIONERS; DISTRICTS. No. 1433 (House Bill No. 2114). AN ACT To amend an Act creating the board of commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945, p. 650), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4642), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for the submission of this Act to the United States Attorney General for approval and conditions for automatic repeal; 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 Appling County, approved February 12, 1945 (Ga. L. 1945, p. 650), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4642), is amended by striking in its entirety Section 8 and inserting in lieu thereof the following: Section 8. (a) The board of commissioners of Appling County shall consist of a chairman elected from the county at large and five commissioners elected from commissioner districts. For the purpose of electing members of the board
Page 7031
of commissioners, Appling County shall be divided into five commissioner districts as follows: Commissioner District: 1 APPLING COUNTY VTD: 0001 1A AND 1A-1 VTD: 0003 1-B VTD: 0004 1-C (Part) Tract: 9501. Block(s): 262, 275, 276, 281, 285, 286, 287, 288, 289, 290, 291, 292, 293 Tract: 9502. Block(s): 106, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 124, 139, 151, 152, 153, 154, 155A, 155B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 215B, 216, 217, 218A, 229, 230, 231B, 232, 233, 234B, 236D, 242C VTD: 0005 1-D VTD: 0006 2-A (Part) Tract: 9501. Block(s): 121, 122, 123, 124, 125, 126, 154, 155, 156, 188, 189 VTD: 0007 2-B (Part) Tract: 9502. Block(s): 236B, 241, 242A, 358C, 364A, 374 Commissioner District: 2 APPLING COUNTY VTD: 0004 1-C (Part) Tract: 9502. Block(s): 215A, 236A, 236C VTD: 0006 2-A (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 122, 123, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 183, 184, 301, 302, 303, 304 VTD: 0007 2-B (Part) Tract: 9502. Block(s): 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 156A, 156B, 157, 158A,
Page 7032
158B, 158C, 158D, 159A, 159B, 159C, 159D, 160A, 160B, 161A, 161B, 161C, 162A, 162B, 163, 164, 165, 166, 167A, 167B, 168A, 168B, 169A, 169B, 170, 171, 172, 173, 174, 175, 176, 177A, 177B, 178A, 178B, 179, 180, 181, 182, 213, 214A, 214B, 231A, 234A, 235, 237A, 237B, 237C, 238, 239, 240A, 240B, 242B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 305, 306, 307, 308A, 308B, 308C, 309A, 309B, 309C, 310A, 310B, 311A, 311B, 311C, 312, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 328A, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358A, 358B, 359A, 359B, 360, 361, 362, 363, 364B, 364C, 365, 366A, 366B, 366C, 367A, 367B, 367C, 367D, 367E, 368A, 368B, 368C, 368D, 371, 372, 375, 376, 377, 378, 379 VTD: 0010 3-C (Part) Tract: 9503. Block(s): 301, 302, 303, 304, 305, 306, 307, 404, 405, 406, 407 Commissioner District: 3 APPLING COUNTY VTD: 0006 2-A (Part) Tract: 9501. Block(s): 134, 138, 139, 140, 150, 151, 152, 153, 157, 158 VTD: 0007 2-B (Part) Tract: 9502. Block(s): 369A, 369B, 369C, 370, 373 VTD: 0008 3-A VTD: 0009 3-B VTD: 0010 3-C (Part) Tract: 9503. Block(s): 153, 157, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337A, 337B, 338, 339, 340A, 340B, 341,
Page 7033
342, 343, 344A, 344B, 344C, 401, 402A, 402B, 403, 408, 409, 410, 411, 412, 413A, 413B, 414A, 414B, 415A, 415B, 415C, 415D, 416, 417, 418, 419, 420, 421A, 421B, 421C, 421D, 422A, 422B, 423, 424, 425, 426, 427, 428A, 428B, 429, 430, 431, 432A, 432B, 433, 434A, 434B, 434C, 434D, 435, 436, 437A, 437B, 438, 439, 440, 441A, 441B, 442A, 442B, 442C, 442D, 443, 444, 445, 455, 456, 463, 464, 465, 471, 472 Tract: 9504. Block(s): 135, 136, 137, 138, 139, 140, 194, 195 Tract: 9505. Block(s): 102, 103 VTD: 0015 5-A (Part) Tract: 9503. Block(s): 101, 102, 103, 104, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126, 134, 135, 150, 151, 152, 154 Commissioner District: 4 APPLING COUNTY VTD: 0010 3-C (Part) Tract: 9503. Block(s): 155, 156, 255, 256, 257, 258A, 263A Tract: 9504. Block(s): 208 Tract: 9505. Block(s): 105 VTD: 0011 4-A VTD: 0012 4-B VTD: 0013 4-C VTD: 0014 4-D VTD: 0015 5-A (Part) Tract: 9503. Block(s): 258B, 259, 260, 261, 262, 263B, 264, 265, 266, 267, 268, 269 Commissioner District: 5 APPLING COUNTY VTD: 0015 5-A (Part)
Page 7034
Tract: 9503. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 119, 127, 128, 129, 130, 131, 132, 133, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201, 202, 203A, 203B, 204, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 211A, 211B, 212A, 212B, 213, 214A, 214B, 215, 216, 217, 218A, 218B, 219A, 219B, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 270, 271, 272, 273, 274, 275, 276, 277 Tract: 9505. Block(s): 201, 202, 203, 204, 205, 206, 207A, 207B, 208, 209, 210, 211, 232, 296A, 296B, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349 VTD: 0016 5-B VTD: 0017 5-B1 VTD: 0018 5-C (b) For purposes of this section: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown
Page 7035
on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Appling County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Appling County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Appling County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed 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 1992 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating a Board of Commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945, p. 6507), as amended; and for other purposes.
Page 7036
This 5th day of March, 1992. Honorable Roger Byrd Representative, 153rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lunsford Moody, who, on oath, deposes and says that he is Representative from the 153rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News-Banner, which is the official organ of Appling County, on the following date: March 5, 1992. /s/ Lunsford Moody Representative, 153rd District Sworn to and subscribed before me, this 12th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved May 8, 1992. CITY OF GARDEN CITYCORPORATE LIMITS. No. 1438 (House Bill No. 2161). 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 extend the present corporate limits of said municipality and annex and incorporate certain additional land
Page 7037
to said municipality; 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 adding at the end of Section 1.11 a new subsection (h) to read as follows: (h) In addition to the present corporate limits of Garden City, Georgia, as they exist at the time of the approval of this Act, the corporate limits of Garden City shall also include the following described tract of land: ALL that certain tract of land situate, lying, and being in the Eighth G.M. District of Chatham County, Georgia, described as follows: BEGINNING at a point where the northerly right-of-way line of U.S. Highway No. 80 intersects with the easterly right-of-way line of the Seaboard Coastline Railroad Company; running thence from said point of BEGINNING in a northwesterly direction along the easterly right-of-way line of the Seaboard Coastline Railroad Company to a point where the easterly right-of-way of the Seaboard Coastline Railroad Company intersects with the northerly right-of-way line of Georgia State Highway No. 307 (Bourne Avenue); running thence in a westerly direction along the northerly right-of-way line of Georgia State Highway No. 307 (Bourne Avenue) to a point where it intersects with the corporate limits of the City of Savannah; running thence in a general westerly direction along the corporate limits of the City of Savannah to a point where it intersects with the southwesterly right-of-way line of the Central of Georgia Railroad; running thence in a southeasterly direction along the southwesterly right-of-way line of the Central of Georgia Railroad to a point where the southwesterly right-of-way line of the Central of Georgia Railroad intersects with the northerly right-of-way line of U.S. Highway No. 80; running thence in an easterly direction along the northerly right-of-way line of U.S.
Page 7038
Highway No. 80 to a point where the northerly right-of-way line of U.S. Highway No. 80 intersects with the easterly right-of-way line of the Seaboard Coastline Railroad Company, 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 hereby given that there will be introduced at the regular 1992 session of the General Assembly of Georgia a bill to amend the Charter of the City of GARDEN CITY, approved April 17, 1973, (Ga. L. 1973, p. 3581), as amended, to alter the corporate limits; and for other purposes. This 21 day of January, 1992. Sonny Dixon Representative, District 128 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sonny Dixon, who, on oath, deposes and says that he is Representative from the 128th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: January 22, 1992. /s/ Sonny Dixon Representative, 128th District
Page 7039
Sworn to and subscribed before me, this 20th day of March, 1992. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Pursuant to Article III, Section V, Paragraph XIII of the Constitution of the State of Georgia, this Act became law at the end of May 10, 1992, without the approval of the Governor.
Page 7041
ACTIONS BY COUNTY GOVERNING AUTHORITIES PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA PROVIDING HOME RULE FOR COUNTIES
Page 7043
LAMAR COUNTY - AD VALOREM TAX MILLAGE LIMIT REPEALED. A RESOLUTION AUTHORIZING THE REPEAL OF A LOCAL ACT OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA FOR LAMAR COUNTY, GEORGIA, WHICH LOCAL ACT PROVIDES FOR A LIMITATION OF 12 MILLS ON TAXES TO BE LEVIED IN LAMAR COUNTY, GEORGIA FOR COUNTY PURPOSES; AND FOR OTHER RELATED PURPOSES: WHEREAS, the General Assembly of the State of Georgia (the General Assembly) has heretofore enacted a local act pertaining to Lamar County, Georgia (the County); and WHEREAS, such act, appearing at Ga. Laws 1925, page 670 and following (the 1925 Act), provides for a 12 mill rate limit on taxes to be imposed in the County for County purposes; and WHEREAS, the Board of Commissioners of the County, after study and investigation, has determined that such a 12 mill limit is an impediment to the County's ability to provide for the needs of the citizens of the County; and WHEREAS, the County has determined that it is in the best interest of the citizens of the County that such 12 mill limit be repealed; and WHEREAS, Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, providing for home rule for counties and municipalities, provides that a County may, as an incident of its home rule power, amend or repeal the local acts applicable to its governing authority by filing a resolution duly adopted at two regular consecutive meetings of the County governing authority not less than seven nor more than sixty days apart following publication of a notice containing a synopsis of the proposed repeal in the official county organ once a week for three weeks within a period of sixty days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment or repeal is on file in the office of the Clerk of
Page 7044
the Superior Court of the County for the purpose of examination and inspection by the public; and WHEREAS, the Board has, pursuant to a resolution adopted December 11, 1990, heretofore caused such a notice containing a synopsis of the proposed repeal of the 1925 Act to be published in The Herald-Gazette , the County's official county organ, on December 12, December 19 and December 26, 1990; and WHEREAS, a copy of this resolution repealing the 1925 Act has been on file in the office of the Clerk of the Superior Court of the County since December 12, 1990, and the Clerk of the Superior Court has furnished copies of this resolution to all persons making written request therefor; NOW, THEREFORE, BE IT RESOLVED by the BOARD OF COMMISSIONERS OF LAMAR COUNTY, GEORGIA, and IT IS HEREBY RESOLVED by the authority of the same, as follows: 1. The 1925 Act, reported at Ga. Laws 1925, page 670 and following and providing for a 12 mill rate limit on taxes to be imposed in the County for County purposes, is hereby repealed in its entirety. 2. All resolutions or parts thereof of the County in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. 3. This Resolution shall be proposed for adoption at two consecutive regular meetings of the Board of Commissioners of the County on December 18, 1990 and January 2, 1991 and shall take effect immediately upon its final adoption on January 2, 1991, and the filing of the Resolution, the aforementioned notice and the affidavit of publication of the notice in the form attached hereto as Exhibit A, with the Secretary of State of Georgia, as required by Article IX, Section II, Paragraph I(g) of the Constitution of the State of Georgia.
Page 7045
4. The Clerk is hereby directed to make the filing with the Secretary of State as soon as possible upon the final adoption of this Resolution. This 18th day of December, 1990. BOARD OF COMMISSIONERS OF LAMAR COUNTY, GEORGIA (SEAL) By: /s/ Bobby Burnette Chairman ATTEST: /s/ Patty Johnston Clerk This the 2nd day of January, 1991 BOARD OF COMMISSIONERS OF LAMAR COUNTY, GEORGIA (SEAL) By: /s/ Bobby Burnette Chairman ATTEST: /s/ Patty Johnston Clerk
Page 7046
Exhibit A PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF LAMAR I, Walter Geiger, DO HEREBY CERTIFY that I am publisher of The Herald-Gazette , the newspaper in which Sheriff's advertisements appear for Lamar County, Georgia, and the attached notice of home rule amendment was published in said newspaper on December 12th, December 19th and December 26, 1990. /s/ Walter Geiger Publisher Sworn and subscribed to before me this 2nd day of January, 1991 /s/ Aneva S. Henley Notary Public, Lamar County, Georgia My Commission Expires Feb. 9, 1994 (NOTARIAL SEAL) Exhibit A to Exhibit A NOTICE TO THE PUBLIC TO WHOM IT MAY CONCERN: YOU ARE HEREBY NOTIFIED that at the next two regular consecutive meetings of the Board of Commissioners of Lamar County, Georgia, to be held on December 18, 1990 and January 2, 1991, there will be presented for adoption a resolution of the County of Lamar (the County), which resolution provides for the repeal by home rule of a local act of the General Assembly of the State of Georgia approved July 24, 1925 and reported at Ga. Laws 1925, page 670 and following, which act implemented a 12 mill limit on taxes to be imposed in the County for county purposes. Article IX, Section II, Paragraph
Page 7047
I of the Constitution of the State of Georgia, providing for home rule for counties, permits local acts to be amended or repealed by a resolution duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than sixty days apart, following publication of a notice containing the synopsis of the proposed repeal in the official county organ once a week for three weeks within a period of sixty days immediately preceding the final adoption of the proposed repeal. A copy of the repeal proposed to be adopted at the regular meetings of the County on December 18, 1990 and January 2, 1991 is on file in the office of the Clerk of the Superior Court of the County for the purpose of examination and inspection by the public. The Clerk of the Court shall furnish anyone, upon written request, a copy of the proposed repeal. This is the 12th day of December, 1990. /s/ Patty Johnston Clerk, Board of Commissioners of Lamar County, Georgia CLERK'S CERTIFICATE I, Patty Johnston, the undersigned clerk of the Board of Commissioners of Lamar County, Georgia (the Board), do hereby certify that the foregoing pages of typewritten matter constitute a true and correct copy of a Resolution adopted by the Board at a meeting of the Board on two consecutive regular meetings of the Board on December 18, 1990 and January 2, 1991, open to the public in compliance with Section 50-14-1 of the Official Code of Georgia Annotated, in connection with the repeal of Ga. Laws 1925, page 670 and following, the original of which Resolution has been duly recorded in the Minute Book of the Board, which Minute Book is in my custody and control. This the 2nd day of January, 1991. (SEAL) /s/ Patty Johnston Clerk, Board of Commissioners of Lamar County, Georgia
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Filed in the Office of the Secretary of State January 7, 1991. RICHMOND COUNTY - AUDITS. RICHMOND COUNTY GRAND JURY SELECTION OF AUDITING FIRM ESTABLISHED. AN ORDINANCE of the Board of Commissioners of Richmond County, Georgia, to amend an Act entitled An Act to create a Board of Commissioners for Roads and Revenues for the County of Richmond; to define their powers and duties; and for other purposes., approved August 19, 1907 (Ga. L. 1907, p. 324) as amended, particularly by an act approved August 14, 1931 (Ga. L. 1931, p. 555); by an Act approved March 22, 1974 (Ga. L. 1974, p. 3034); and Home Rule Ordinance approved May 1 and May 15, 1979 (Ga. L. 1980, p. 4590), so as to provide for the audit requirements of Richmond County; and for other purposes. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF RICHMOND COUNTY, GEORGIA, AND IT IS HEREBY ORDAINED BY AUTHORITY OF THE SAME AS FOLLOWS: Section 1 . The Act of the General Assembly of Georgia entitled An Act to create a Board of Commissioners for Roads and Revenues for the County to Richmond; to define their powers and duties; and for other purposes. approved August 19, 1907 (Ga. L. 1907, p. 324), as amended particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 555), by an Act approved March 22, 1974 (Ga. L. 1974, p. 3034), and Home Rule Ordinance approved May 1 and May 15, 1979 (Ga. L. 1980, p. 4590) is hereby amended by striking Section 3(D) of said Act which reads as follows: Section 3(D). The grand jury of the January term of the Superior Court of Richmond County shall each year submit to the governing authority of Richmond County a list of three certified public accounting firms. The governing authority of
Page 7049
Richmond County shall select from among those firms submitted to them an accounting firm which shall perform all audit of all county offices handling public funds of Richmond County. Said audit shall cover the current fiscal year. No such firm shall be selected for said audit which has performed such services for three consecutive years. And substituting in lieu thereof a new section, to be known as Section 3(D). to read as follows: Section 3(D). The Board of Commissioners of Richmond County shall each year prior to November 1st select a certified public accounting firm to perform an audit of all county offices handling public funds of Richmond County for the subsequent fiscal year. No such firm shall be selected for said audit which has performed such services for three consecutive years. Section 2 . This ordinance is adopted by the Board of Commissioners of Richmond County, Georgia, pursuant to the provisions of Article IX, Section II, Para. I of the Constitution of the State of Georgia of 1983, providing for Home Rule for counties. Section 3 . All laws or ordinances or parts of laws or ordinances in conflict with this ordinances in conflict with this ordinance are hereby repealed. Section 4 . This ordinance shall become effective on April 1, 1991. ADOPTED, this 19th day of February, 1991, and this 5th day of March, 1991. /s/ J. Hobson Chavous, Jr. Chairman, Board of Commissioners of Richmond County ATTEST: /s/ Robert N. Dixon, Sr. County Administrator
Page 7050
I, the undersigned, ROBERT N. DIXON, SR., County Administrator of the Board of Commissioners of Richmond County, Georgia, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the Board of Commissioners at two consecutive meetings, held on the following dates, to-wit, February 19, 1991 and March 5, 1991, as the same appear on the minutes of said Board. This 5th day of March, 1991. /s/ Robert N. Dixon, Sr. PUBLIC NOTICE The public is hereby notified that the County Attorney will present to the board of Commissioners of Richmond County, Georgia, as its regular meeting on February 19, 1991 and March 5, 1991, an Ordinance to amend an Act entitled An Act to create a Board of Commissioners for Roads and Revenues for the County of Richmond; to define their powers and duties; and for other purposes., approved August 19, 1907 (Ga. L. 1907, p. 324) as amended, particularly by an act approved August 14, 1931 (Ga. L. 1931, p. 555); by an Act approved March 22, 1974 (Ga. L. 1974, p. 3034); and Home Rule Ordinance approved May 1 and May 15, 1979 (Ga. L. 1980, p. 4590), so as to provide for the audit requirements of Richmond County; and for other purposes. The public is hereby further notified that it is necessary for the Board of Commissioners to adopt said Ordinance at two consecutive meetings held not less than seven nor more than sixty days apart, which ordinance specifically states the changes to be made in the Original Act, the authority to amend the original Act having been granted by Article IX, Section II, Paragraph 1 of the 1983 Constitution of the State of Georgia. The public is further notified that a copy of the proposed Ordinance has been filed with the Clerk of the Superior Court of Richmond County, Georgia, City-County Building, 5th Floor, 500 Block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of same are available with the Clerk for any member of the public.
Page 7051
This 31st day of January, 1991. ROBERT C. DANIEL JR. County Attorney, Richmond County, Georgia Feb. 8, 15, 22, 1991 STATE OF GEORGIA) RICHMOND COUNTY) PERSONALLY appeared before me, a Notary Public, the undersigned, EDWARD B. SKINNER, who, on oath says that he is the Vice-President/Newspapers of Southeastern Newspapers Corporation, publisher of The Augusta Herald, a daily newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies that public notice, a true copy of which is hereby attached, being notice of an Ordinance to amend Act creating Board of Commissioners of Richmond County as to selection of auditing firm, was duly published once a week for three weeks as required by law; said dates of publication being February 8, 15 and 22, 1991. /s/ Edward B. Skinner, Vice-President/Newspapers of Southeastern Newspapers Corporation Sworn to and subscribed before me, this 26th day of February, 1991. /s/ Helen B. Salley NOTARY PUBLIC, RICHMOND COUNTY, GEORGIA My Commission expires 2-10-92. Filed in the Office of the Secretary of State March 8, 1991.
Page 7052
BULLOCH COUNTY - COUNTY MANAGER POSITION CREATED. ORDINANCE CREATING POSITION OF COUNTY MANAGER FOR BULLOCH COUNTY, GEORGIA STATE OF GEORGIA COUNTY OF BULLOCH SECTION I. Authority The action of the Board of Commissioners of Bulloch County, Georgia in creating the position of County Manager is made pursuant to the provisions of O.C.G.A. 36-5-22 and the Home Rule provisions of the Constitution of the State of Georgia as contained in Article II, Section 9, paragraph 1. SECTION II. Creation of Position of County Manager There is hereby created the office of County Manager of Bulloch County, Georgia (hereinafter referred to as Manager). The Manager shall be appointed by a majority vote of the Board of Commissioners of Bulloch County, Georgia (hereinafter referred to as Board). In addition to the duties contained herein, the Manager shall assume all such other duties as assigned by the Board from time to time and as contained in any job description for said position as may be adopted by the Board and as same may be amended. SECTION III. Qualifications of County Manager The Manager shall be chosen by the Board solely upon the basis of executive and administrative qualifications with specific reference to actual experience in or knowledge of accepted practices in respect to the duties of the office as set forth in this Ordinance or as further defined by the Board. No member of the Board shall be appointed Manager during the term of office for which he or she is elected.
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SECTION IV. Duties of County Manager The Chairman of the Board of Commissioners of Bulloch County, Georgia shall continue to be the Chief Executive Officer of the County and the Board shall continue to be the executive entity of the county. It shall be the duty of the Board to set overall executive policy and procedures for the County. The Manager shall be the chief administrative officer of the County and head of the administrative branch of county government. The Manager shall be responsible to the Board for the proper and efficient administration of all affairs of the County over which the Manager has jurisdiction. It shall be the duty of the Manager to: (a) To hire, discharge or suspend, in accordance with the ordinances, policies and rules adopted by the Board, all officers and employees of the County under the jurisdiction of the Board. Provided however, the County Attorney and the outside Auditor shall be appointed and removed by action of the Board; (b) To supervise the administration of the affairs of the County and to see that all ordinances, resolutions, regulations and policies of the Board are faithfully executed and enforced; (c) To exercise administrative control over all departments or divisions of the county government under the jurisdiction of the Board; (d) To act as budget officer and to submit, subject to requirements established by the Board, an annual budget for consideratin and adoption by the Board of Commissioners; (e) To keep the Board fully advised as to the financial condition and needs of the County; (f) To supervise and direct the official conduct of all county officers and department heads appointed by the Manager; (g) To attend all meetings of the Board with the right to enter into discussion, provided the Manager shall have no vote;
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(h) The Manager or his/her authorized designee shall be the chief purchasing agent for the County and shall establish policies and procedures for procurement of all supplies and materials required by the County. All purchase orders and contracts obligating the County for sums of less than $2,500.00 may be executed by the Manager. All contracts or purchase orders obligating the County for the expenditure of sums in excess of $2,500.00 shall, with Board approval, be executed by the Chairman of the Board or such other member of the Board as may be specified by Ordinance; (i) To administer the construction and maintenance of all roads and bridges under the jurisdiction of Bulloch County and have administrative responsibility for the operation of The Bulloch Correctional Institute, subject to limitations and restrictions as provided herein and as may be hereinafter adopted by the Bulloch County Board. SECTION V. Additional Duties and Responsibilities The Board shall have full authority to assign additional responsibilities to the Manager or to restrict or modify the responsibilities previously assigned. The modifications in responsibilities as contemplated herein may be established by the Board by ordinance, written directives to the Manager, modification of job descriptions or by such other method as may be determined by the Board consistent with good management practices. SECTION VI. Term of Office The Manager shall serve at the pleasure of the Board for an indefinite term as an at-will employee and may be terminated by majority vote of the Board. SECTION VII. Bond of County Manager The Manager shall be required to execute and deliver a good and sufficient bond payable to Bulloch County, Georgia said bond to be approved by the Board and conditioned upon the faithful performance of the duties of the Manager. The amount of said bond shall be determined from time to time by
Page 7055
the Board and the cost of procurement of said bonds shall be the responsibility of Bulloch County. Said bond shall be delivered to the Board within five (5) days of the Manager assuming the duties of office and shall be filed by the Chairman of the Board in the office of the Clerk of Superior Court of Bulloch County, Georgia. SECTION IX . All actions of the Manager shall be taken and performed consistent with and in compliance with all federal and state laws, local ordinances and policies and directives as may be established by the Board. SECTION X . This Ordinance shall become effective when a certified copy is filed with the Secretary of the State of Georgia as required by law. SECTION XI . All laws and ordinances and parts of laws and ordinances in conflicts with this Ordinance are hereby repealed. This Ordinance adopted at a duly regular meeting of the Board of Commissioners of Bulloch County held on the 19th day of March, 1991. BOARD OF COMMISSIONERS OF BULLOCH COUNTY, GEORGIA BY: /s/ Robert T. Cox ROBERT T. COX, CHAIRMAN ATTEST: /s/ Evelyn H. Wilson Exhibit 1991-4 Meeting: date 3/19/91
Page 7056
I do hereby certify that the above is a true and correct copy of the Ordinance duly adopted by the Board of Commissioners on the date so stated in said Ordinance. I further certify that I am the Clerk of the County and that said Ordinance has been duly entered in the official records of said Commission and remains in full force and effect this 1st day of April 1991. /s/ Evelyn H. Wilson Evelyn H. Wilson, Clerk I hereby certify that the Ordinance Creating Position of County Manager for Bulloch County, Georgia was first read in a regular scheduled meeting of the Bulloch County Commissioners held on Tuesday, February 19, 1991. I also hereby certify that the Ordinance Creating Position of County Manager for Bulloch County, Georgia was formally adopted in a regular scheduled meeting of the Bulloch County Commissioners held on Tuesday, March 19, 1991. I further certify that I am the Clerk of the Commission and that said Ordinance had been duly entered in the official records of said Board and remains in full force and effect this 30th day of April 1991. /s/ Evelyn H. Wilson Evelyn H. Wilson, Clerk LEGAL NOTICES STATE OF GEORGIA COUNTY OF BULLOCH NOTICE Notice is hereby given pursuant to Georgia law that the Bulloch County Commissioners will consider for final adoption an Ordinance Creating Position of County Manager for Bulloch County at its regular meeting on the 3rd Tuesday of March, 1991. A copy of the proposed Ordinance is on file in the office of
Page 7057
the Clerk of Superior Court for examination and inspection by the public. Board of Commissioners of Bulloch County By: /s/ Robert T. Cox, Chairman ATTEST: /s/ Evelyn H. Wilson STATE OF GEORGIA COUNTY OF BULLOCH PUBLISHER'S STATEMENT I, B. G. Patray, publisher of The Statesboro Georgian (a weekly newspaper under general circulation), hereby states the required legal advertisement appeared in the above mentioned newspaper on the following dates: Ordinance Creating Position of County Manager for Bulloch County February 28, 1991 March 7, 1991 March 14, 1991 Signed this 2nd day of April, 1991. /s/ B. G. Patray B. G. Patray, Publisher Witness: /s/ Mary M. Szyperski Notary Public, Bulloch County, Georgia My Commission Expires Dec. 17, 1994 Attorney: /s/ Keith A. McIntyre Filed in the Office of the Secretary of State April 8, 1991.
Page 7058
CLAYTON COUNTYPENSION SYSTEM; ELIGIBILITY FOR BENEFITS; AVERAGE SALARY. ORDINANCE NO. 91-26 AN ORDINANCE ADOPTED UNDER THE HOME RULE POWERS GRANTED TO CLAYTON COUNTY PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, AMENDING GEORGIA LAWS 1971, PAGES 2917 ET. SEQ. SO AS TO MODIFY PROVISIONS RELATING TO ELIGIBILITY FOR BENEFITS; TO SET FORTH THE MEANING OF AVERAGE SALARY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. STATE OF GEORGIA COUNTY OF CLAYTON BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY AND IT IS HEREBY ORDAINED Section I . Under the Home Rule powers granted to Clayton County pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia of 1983, Georgia laws 1971, Pages 2917, et seq., as amended, is hereby further amended by adding paragraph (b) to Section 5, codified as Sec. 1-5-39, Persons eligible for benefits, to read as follows: Effective July 1, 1991, the following rules shall apply in determining an employee's credited service, as defined in Sec. 1-5-40 (a-2), upon reemployment after termination of employment: (1) Vested Members : For a member who satisfied the requirements for a vested pension at the time of his termination of employment and who is again employed, his pre-break credited service shall be restored. (2) Non-Vested Members : If an employee terminated employment at any time without entitlement to
Page 7059
a vested pension and was again employed within a period of five (5) years, his pre-break credited service shall be restored only if the number of his years and completed months of break-in-service is less than his pre-break credited service. This section shall apply only to those employees who were members of the Retirement System on or after July 1, 1991. (3) Non-Vested Employees : For an employee who is not a member of the Retirement System (has not completed two (2) years of continuous service in the employ of the County as defined in the first paragraph of Sec. 1-5-39) at the time of his termination of employment and who is again employed, his pre-break credited service shall not be restored. Section II . Under the Home Rule powers granted to Clayton County pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia of 1983, Georgia laws 1971, Pages 2917, et seq., as amended, is hereby further amended by deleting in its entirety the fourth paragraph of Section 6 (a-2), codified as Sec. 1-5-40 Contribution to the pension fund; benefits payable, and in lieu thereof, a new fourth paragraph shall be inserted to read as follows: For purposes of determining benefits, credited service is to be calculated as years and completed months of continuous employment, or bridged employment as authorized under Sec. 1-5-40 (a-2), with the County on a full-time, permanent basis from the date of employment up to the date of retirement, less and except any years and months of break-in-service. Section III . Under the Home Rule powers granted to Clayton County pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia of 1983, Georgia laws 1971, Pages 2917, et. seq., as amended, is hereby further amended by adding a paragraph following the fifth paragraph of Section 6 (a-2), codified in Sec. 1-5-40, Contribution to the pension fund; benefits payable, to read as follows:
Page 7060
For purposes of determining average salary as set out above, compensation shall mean the total gross salary or wages paid to a member by the County for personal services, including overtime and commissions, and also including before-tax savings contributions made pursuant to any annuity, deferred compensation, employee benefit, or cafeteria plan as authorized by Internal Revenue Code sections 125, 403(b), 457, and regulations thereunder, or any other present or future enactment of state or federal law; but excluding (i) maintenance and reimbursement of expenses; (ii) amounts contributed by the Employer to this Plan or any other pension plan or arrangement; and (iii) amounts contributed by the County to any other plan of deferred compensation to the extent the contributions are not includable in the gross income of the employee for the taxable year in which contributed. Section IV . All laws or ordinances, or parts thereof, in conflict with provisions of this Ordinance are hereby repealed. Section V . This Ordinance shall become effective upon its approval by the Board of Commissioners. SO ORDAINED, this 21st day of May, 1991. CLAYTON COUNTY BOARD OF COMMISSIONERS /s/ Dal Turner DAL TURNER, CHAIRMAN /s/ Ronald M. Dodson RONALD M. DODSON, VICE-CHAIRMAN Absent NANCY ESTES, COMMISSIONER /s/ Jerry H. Stubbs JERRY H. STUBBS, COMMISSIONER /s/ Terry J. Starr TERRY J. STARR, COMMISSIONER
Page 7061
ATTEST: /s/ Margarette A. Swaim MARGARETTE A. SWAIM, CLERK ORDINANCE 91-26 The first reading of the above and foregoing Ordinance was held at the regular meeting of the Board of County Commissioners of Clayton County on the 16th day of April, 1991, with the following members present and voting in favor: Chairman Dal Turner, Vice Chairman Ronald M. Dodson, Commissioner Nancy Estes, Commissioner Jerry H. Stubbs, and Commissioner Terry J. Starr. /s/ Margarette A. Swaim MARGARETTE A. SWAIM CLERK OF THE COMMISSION Clayton County Board of Commissioners The second reading of the above and foregoing Ordinance was held at the regular meeting of the Board of County Commissioners of Clayton County on the 7th day of May, 1991, with the following members present and voting in favor: Chairman Dal Turner, Vice Chairman Ronald M. Dodson, Commissioner Nancy Estes, Commissioner Jerry H. Stubbs, and Commissioner Terry J. Starr. /s/ Margarette A. Swaim MARGARETTE A. SWAIM CLERK OF THE COMMISSION Clayton County Board of Commissioners Having been read in its entirety during the regular meetings of April 16, 1991 and May 7, 1991, Ordinance 91-26 was placed on the agenda of the regular meeting of May 21, 1991 of the Board of County Commissioners of Clayton County for consideration for adoption. The following members were present
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and voted in favor of Ordinance 91-26: Chairman Dal Turner, Vice Chairman Ronald M. Dodson, Commissioner Jerry H. Stubbs, and Commissioner Terry J. Starr. Commissioner Nancy Estes was not in attendance at the meeting. /s/ Margarette A. Swaim MARGARETTE A. SWAIM CLERK OF THE COMMISSION Clayton County Board of Commissioners Attest: /s/ Margarette A. Swaim MARGARETTE A. SWAIM CLERK OF THE COMMISSION (SEAL) CERTIFICATION I, MARGARETTE A. SWAIM, CLERK OF THE CLAYTON COUNTY BOARD OF COMMISSIONERS, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND EXACT COPY OF ORDINANCE 91-26 AS ADOPTED BY THE CLAYTON COUNTY BOARD OF COMMISSIONERS ON MAY 21, 1991. THE ORIGINAL OF ORDINANCE 91-26 MAY BE FOUND ON FILE IN THE COMMISSIONERS' OFFICE. /s/ Margarette A. Swaim MARGARETTE A. SWAIM CLERK OF THE COMMISSION JUNE 26, 1991 NOTICE OF INTENTION TO CONSIDER AN ORDINANCE AMENDING THE CLAYTON COUNTY PENSION SYSTEM Notice is hereby given that an Ordinance amending an Act pertaining to the Clayton County Pension System will be read in its entirety by the Clayton County Board of Commissioners on May 7, 1991 at 7:00 o'clock p.m. and considered for adoption following
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its reading on May 21, 1991 at 7:00 o'clock p.m. in the Commissioners' Board Room, Administration Building, Jonesboro, Georgia. The Ordinance will amend certain rules involving the determination and calculation of credited service for vested and non-vested employees. The Ordinance will further amend rules involving the determination of average salary when calculating pension benefits for eligible employees. A copy of the proposed Ordinance may be reviewed in the Office of the Clayton County Board of Commissioners and the Clerk of Superior Court at 121 S. McDonough Street, Jonesboro, Georgia, Questions may be directed to Donald M. Comer, Staff Attorney at 477-3207. 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 an oath that the legal advertisement, a true copy of which is hereto annexed, was published in said newspaper in its issues of the May 3, 8 15, 1991. Signed, Neely Young, Publisher Sworn to and subscribed before me this 24th day of June, 1991. Signed Shayne Finch, Notary Public Clayton County, Georgia My Commission Expires March 7, 1994 Filed in the Office of the Secretary of State July 1, 1991.
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BUTTS COUNTY - BOARD OF COMMISSIONERS; PURCHASES; BIDS. RESOLUTION AMENDING A CERTAIN LOCAL ACT (Ga. Laws 1941, p. 793, as amended) SO AS TO INCREASE THE MINIMUM VALUE OF GOODS, ETC. TO BE BOUGHT OR SOLD FOR WHICH THE GOVERNING AUTHORITY MUST FIRST ADVERTISE FOR BIDS, TO REVISE BID ACCEPTANCE REQUIREMENTS AND TO ACCOMPLISH OTHER PURPOSES WHEREAS , the Butts County Board of Commissioners was created by a Local Act of the Georgia Legislature (Ga. Laws 1941, p. 793), with said legislation having been amended on several occasions by subsequent local acts; and WHEREAS , said Local Legislation (as amended by Ga. Laws 1974, p. 2990) imposes a requirement upon the Board of Commissioners to advertise for competitive bids for all transactions involving county funds for goods, merchandise, materials or equipment being either bought or sold with a value of more than $600.00; and WHEREAS , said Local Legislation further provides that contracts for the purchase of such items be let to the best and lowest bidder and that at least two bids must be received; WHEREAS , the Butts County Board of Commissioners has determined that the afore-described provisions are in need of revision in order that county governmental operations and services might be handled in a more efficient and effective manner; and WHEREAS , the Butts County Board of Commissioners is authorized to amend the afore-described Local Legislation pursuant to Art. 9, Sec. 1, Par. 4 of the Georgia Constitution of 1983. WHEREUPON , The Act creating the Butts County Board of Commissioners (Ga. Laws 1941, p. 793), as amended, is hereby further amended in the following particulars, to-wit:
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-1- Said Act is amended by striking from Section 11, wherever same shall appear, the following: 600.00 and by substituting in lieu thereof the following: $5,000.00; by adding the following language to said Section 11: The Board shall, in its discretion, have the authority to review and scrutinize all bids received and to decide to accept a bid received other than the bid containing the lowest price or value if it is determined that another bid received should be accepted as being in the best interest of Butts County.; and by adding the following language to said Section 11: The Board shall, in its discretion, be authorized to conclude that, due to the nature of a particular item's being bid upon or to such other reasonable factors, it is not feasible to except to receive more than one bid for a particular purchase. In such event, the Board shall have the authority to let a purchasing contract for any such item notwithstanding the failure to receive at least two bids. so that when so amended, Section 11 shall read as follows, to-wit: Section 11. In all transactions of said Board involving the funds of the county where the amount of goods, merchandise, materials or equipment to be bought or sold amounts to more than $5,000.00, the Board shall, before selling or buying the same, advertise for bids upon the bulletin board in the courthouse of Butts County, and at least once in the official county organ, at least ten days before contracts are to be let or awarded. When bids are opened, the contracts shall be let or awarded to the best and lowest bidder, but the Board shall have the right to reject any and all bids, and to readvertise for further bids in the manner above provided. The Board shall, in its discretion, have the authority to review and scrutinize all bids received and to decide to accept a bid received other than the bid containing the lowest price or
Page 7066
value if it is determined that another bid received should be accepted as being in the best interest of Butts County. Before any contract is let or awarded to any person, firm or corporation for the sale or purchase of goods, wares or merchandise involving the expenditure of more than $5,000.00 there must have been at least two bids of record with the Board. The Board shall, in its discretion, be authorized to conclude that, due to the nature of a particular item's being bid upon or to such other reasonable factors, it is not feasible to expect to receive more than one bid for a particular purchase. In such event, the board shall have the authority to let a purchasing contract for any such item notwithstanding the failure to receive at least two bids. All bids whether accepted or rejected shall be filed for permanent record. Notwithstanding any of the restrictions as set forth in the foregoing Sections and provisions of this Act, the said Governing Authority shall have the authority in making such expenditures of county funds in keeping all countyowned equipment, motor vehicles, machinery and other property in proper repair, and in furnishing county officers with the necessary equipment, supplies and fixtures for their respective departments for the efficient and proper operation, including office equipment for the Governing Authority, without the necessary of securing bids. -2- The above-described Local Act as amended herein shall remain in full force and effect and all local laws, parts of local laws, ordinances or resolutions in conflict with this Act as amended are hereby repealed. -3- Attached to this Resolution as EXHIBIT A is a true and correct copy of the Legal Notice which was published in the Jackson Progress-Argus as required by law in such instances.
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-4- The Butts County Board of Commissioners have duly considered the within Resolution and voted to approve same at its two regular consecutive meetings held on the 5th day of March, 1990 and the 2nd day of April, 1990. -5- This Resolution shall be effective upon the execution of this document at the second meeting identified above. WHEREFORE, IT IS HEREBY RESOLVED this the 2nd day of April, 1990. BUTTS COUNTY BOARD OF COMMISSIONERS /s/ Fredrick J. Head FREDRICK J. HEAD, CHAIRMAN /s/ Charlie Brown - Member CHARLIE BROWN - MEMBER /s/ J. B. White, Jr. J. B. WHITE, JR. - MEMBER /s/ Russ Crumbley RUSS CRUMBLEY - MEMBER /s/ Eddie Travis EDDIE TRAVIS - MEMBER ATTEST: /s/ Jeanene Fitzgerald JEANENE FITZGERALD - CLERK BUTTS COUNTY BOARD OF COMMISSIONERS CERTIFICATION OF CLERK The undersigned certifies that the attached document is a true and correct photocopy of that certain resolution adopted
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by the Butts County Board of Commissioners on April 2, 1990. Said resolution is entitled: RESOLUTION AMENDING A CERTAIN LOCAL ACT (Ga. Laws 1941, p. 793, as amended) SO AS TO INCREASE THE MINIMUM VALUE OF GOODS, ETC. TO BE BOUGHT OR SOLD FOR WHICH THE GOVERNING AUTHORITY MUST FIRST ADVERTISE FOR BIDS, TO REVISE BID ACCEPTANCE REQUIREMENTS AND TO ACCOMPLISH OTHER PURPOSES. This 27th day of June, 1991. /s/ Jeanene Fitzgerald JEANENE FITZGERALD, Clerk Butts County Board of Commissioners PUBLISHER'S AFFIDAVIT Comes now, W. Herman Cawthon, who, after first being duly sworn states that he/she is the Publisher of the Jackson Progress-Argus , the official legal organ of Butts County, Georgia, and that upon his/her personal knowledge, he/she knows that that certain PUBLIC NOTICE, a true and correct copy of which is attached hereto as Exhibit A, was published in said newspaper of general circulation on the following dates: 1) 3-7-90 2) 3-14-90 3) 3-21-90 FURTHER AFFIANT SAITH NOT. /s/ W. Herman Cawthon AFFIANT
Page 7069
Sworn to and subscribed before me, this 21 day of June, 1991. /s/ Linda J. McWilliams NOTARY PUBLIC - STATE OF GEORGIA My Commission expires: May 15, 1994 EXHIBIT A PUBLIC NOTICE The Butts County Board of Commissioners is presently considering th[UNK]e adoption of a Resolution which would amend and revise an existing Butts County Local Act of the Georgia Legislature (Ga. Laws 1941, p. 793, as last amended by Ga. Laws 1974, p. 2990) by making the following revisions concerning the requirements for competitive bids governing certain county purchases as provided for in said legislation: (1) The Act presently requires the Butts County Board of Commissioners to advertise for bids for the purchase of any goods, merchandise, materials or equipment with a value in excess of $600.00, and the Resolution being considered revises this amount to $5,000.00. (2) The Act presently provides that, in receiving and considering competitive bids for the purchase any goods, merchandise, materials or equipment as required, the Board shall award the contract to the best and lowest bidder. The proposed Resolution will revise this provision so as to authorize the board of Commissioners to exercise its discretion in determining that a bid other than the lowest bid can be accepted if it is in the best interest of Butts County. (3) The Act presently requires that the Board must have received at least two bids before it can award a contract for the purchase of any goods, merchandise, materials or equipment for which advertising for competitive bidding is required. The proposed Resolution will revise this provision so as to authorize the Board of Commissioners to exercise its discretion in accepting such bids even when at least two bids are not received if
Page 7070
the Board determines that it is not feasible to expect to receive more than one bid for that particular purchase. A copy of the above-described proposed Resolution amending and revising Butts County Local Legislation is on file in the Office of the Clerk of Butts Superior Court and in the Office of the Clerk of the Butts County Board of Commissioners for the purpose of examination and inspection by the public. The Clerk of the Superior Court and the Clerk of the Board of Commissioners shall furnish anyone, upon written request, with a true and correct copy of the proposed Resolution to amend and revise existing Butts County Local Legislation. The Butts County Board of Commissioners will consider the above-described Resolution for adoption at its next regular public meeting: Monday, April 2, 1990, at 7:00 P.M. in the Courtroom of the Butts County Courthouse, Jackson, Georgia. The Board welcomes any questions and/or comments. Filed in the Office of the Secretary of State July 17, 1991.
Page 7071
BUTTS COUNTY - BOARD OF COMMISSIONERS; RECEIPTS AND DISBURSEMENTS; PUBLICATION OF STATEMENT. RESOLUTION AMENDING A CERTAIN LOCAL ACT (Ga. Laws 1941, p. 793, as amended) SO AS TO REVISE THE REQUIREMENTS CONCERNING PUBLICATION OF A PERIODIC ITEMIZED STATEMENT OF COUNTY RECEIPTS AND DISBURSEMENTS AND TO ACCOMPLISH OTHER PURPOSES WHEREAS, the Butts County Board of Commissioners was created by an Act of the Georgia Legislature (Ga. Laws 1941, p. 793), with said legislation having been amended on several occasions by subsequent local acts; and WHEREAS, said Local Legislation (as amended by Ga. Laws 1974, p. 2990) imposes a requirement that the Board of Commissioners of Butts County publish each quarter in the official county organ an itemized statement of receipts and disbursements; and WHEREAS, the Butts County Board of Commissioners has determined that the afore-described requirement is in need of revision in order that county governmental operations and services might be handled in a more efficient and cost-effective manner; and WHEREAS, the Butts County Board of Commissioners is authorized to amend the afore-described Act via its Home Rule Authority pursuant to Art. 9, Sec. 1, Par. 4 of the Georgia Constitution of 1983. WHEREUPON, The Act creating the Butts County Board of Commissioners (Ga. Laws 1941, p. 793), as amended, is hereby further amended in the following particulars, to-wit:
Page 7072
-1- Said Act is amended by striking Paragraph 14 of said Act in its entirety and substituting therefor the following language so that when amended Section 14 shall read as follows, to-wit: Section 14. The Board shall cause to be published each quarter of the year in the official county organ, not later than sixty (60) days after the end of said quarter, a written summary of receipts and disbursements. Said summary shall only state the total receipts and disbursements for each county department or office and shall not be required to itemize each and every item received and disbursed by voucher number or amount. In addition to the foregoing requirement, the Board shall further cause to be printed at least each quarter an itemized statement of disbursements and receipts which shall itemize each and every item received and disbursed by date, amount, and identity of payor/payee. Said quarterly itemized statement shall be printed by the Clerk of the Board and shall be affixed to the bulletin board located in the Butts County Courthouse utilized for public notices commencing no later than sixty (60) days following the end of the applicable quarter and said statement shall remain so posted for a period of at least thirty (30) days after posting. Upon written request, the Clerk of the Board shall provide a photostatic copy of said quarterly itemized statement to any interested person, group, firm or other legal entity at no charge. The itemized list of disbursements required herein shall not include disbursements made to county employees as a result of their regular employment. -3- The above-described Local Act as amended herein shall remain in full force and effect and all local laws, ordinances or resolutions in conflict with this Act as amended are hereby repealed.
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-4- The Butts County Board of Commissioners have duly considered the within Resolution and voted to approve same at its two consecutive regular meetings held on the 1st day of April, 1991 and the 6th day of May, 1991. -5- This Resolution shall become effective upon the execution of this document at the second meeting identified above. WHEREFORE, IT IS HEREBY RESOLVED this the 6th day of May, 1991. BUTTS COUNTY BOARD OF COMMISSIONERS /s/ Fredrick J. Head FREDRICK J. HEAD-CHAIRMAN /s/ Russ Crumbley RUSS CRUMBLEY-VICE-CHAIRMAN /s/ J. B. White, Jr. J. B. WHITE, JR.-MEMBER /s/ Eddie Travis EDDIE TRAVIS-MEMBER /s/ Wesley Haley WESLEY HALEY-MEMBER ATTEST: /s/ Jeanene Fitzgerald JEANENE FITZGERALD - CLERK BUTTS COUNTY BOARD OF COMMISSIONERS CERTIFICATION OF CLERK The undersigned certifies that the attached document is a true and correct photocopy of that certain Resolution adopted
Page 7074
by the Butts County Board of Commissioners on May 6, 1991. Said resolution is entitled: RESOLUTION AMENDING A CERTAIN LOCAL ACT (Ga. Laws 1941, p. 793, as amended) SO AS TO REVISE THE REQUIREMENTS CONCERNING PUBLICATION OF A PERIODIC ITEMIZED STATEMENT OF COUNTY RECEIPTS AND DISBURSEMENTS AND TO ACCOMPLISH OTHER PURPOSES . This 27th day of June, 1991. /s/ Jeanene Fitzgerald JEANENE FITZGERALD, Clerk Butts County Board of Commissioners PUBLISHER'S AFFIDAVIT Comes now, W. Herman Cawthon, who, after first being duly sworn states that he/she is the Publisher of the Jackson Progress-Argus , the official legal organ of Butts County, Georgia, and that upon his/her personal knowledge, he/she knows that that certain PUBLIC NOTICE, a true and correct copy of which is attached hereto as Exhibit A, was published in said newspaper of general circulation on the following dates: 1) 4-3-91 2) 4-10-91 3) 4-17-91 FURTHER AFFIANT SAITH NOT. /s/ W. Herman Cawthon AFFIANT
Page 7075
Sworn to and subscribed before me, this 18th day of April, 1991. /s/ Linda J. McWilliams NOTARY PUBLIC - STATE OF GEORGIA My Commission expires: May 15, 1994 EXHIBIT A PUBLIC NOTICE The Butts County Board of Commissioners is presently considering the adoption of a Resolution which would amend and revise an existing Butts County Local Act of the Georgia Legislature (Ga. Laws 1941, p. 793, as last amended in 1991) by making the certain revisions concerning the requirements that the Board of Commissioners publish each quarter in the official county organ an itemized statement of receipt and disbursements. The proposed Resolution will revise that provision by changing the publication requirement so as to require the Board to publish once each quarter a written summary of receipts and disbursements stating the total receipts and disbursements by county department and to further require the Board to print an itemized list of receipt and disbursements at least once each quarter and to post said list on the Courthouse bulletin board and to make copies of said list available to the public upon written request. A copy of the above-described proposed Resolution amending and revising that certain above-described Act of the Georgia Legislature is on file in the Office of the Clerk of Butts Superior Court and in the Office of the Clerk of the Butts County Board of Commissioners for the purpose of examination and inspection by the public. The Clerk of the Superior Court and the Clerk of the Board of Commissioners shall furnish anyone, upon written request, with a true and correct copy of the proposed Resolution to amend and revise existing Butts County Local Legislation.
Page 7076
The Butts County Board of Commissioners will consider the above-described Resolution for adoption at its next regular public meeting: Monday, May 6, 1991, at 7:00 P.M. in the Courtroom of the Butts County Courthouse, Jackson, Georgia. The Board welcomes any questions and/or comments. Filed in the Office of the Secretary of State July 17, 1991. HALL COUNTY - CIVIL SERVICE SYSTEM; EXCLUSION OF THE MANAGEMENT INFORMATION DIRECTOR. HALL COUNTY - CIVIL 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 PROVISION 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 MANAGEMENT INFORMATION 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.
Page 7077
4718, Ga. Laws 1979, p. 4709, Ga. Laws 1990, p. 5294, be amended as follows: Section I - Amendment of Section II . Section II, Ga. Laws 1990, p. 5294, et. seq. , is amended by adding the following words after the words the County personnel director,: management information 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 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, management information 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 8th day of July, 1991. Section III - Repealer Provision . Any law, resolution, ordinance, rule or regulation in conflict with this resolution and ordinance are hereby expressly repealed. SO RESOLVED AND ORDAINED this 8th day of July 1991. BOARD OF COMMISSIONERS OF HALL COUNTY, GEORGIA /s/ Curtis Segars Chairman /s/ Don Whitmire Commissioner /s/ Jane Hemmer Commissioner
Page 7078
/s/ Tom Oliver Commissioner /s/ A. N. Stepp 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 June 24, 1991, and July 8, 1991, and was duly adopted, after advertisement in The Times on June 18, 1991, June 25, 1991, and July 2, 1991. 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 8th day of July, 1991. /s/ Sylvia G. 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, Vickie Thomas, who being duly sworn states on oath that he/she is the advisor 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 June 18, 1991, June 25, 1991, and July 2, 1991.
Page 7079
/s/ Vickie Thomas (SEAL) Advisor, The Times Sworn to and subscribed before me this 8th day of July, 1991. /s/ Kristi J. Wasson Notary Public Hall County, Georgia My Commission Expires July 31, 1993. 006-Public Notice 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 June 24, 1991, and on July 8, 1991, 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
Page 7080
County Courthouse, Gainesville, Georgia, for examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof. THIS 17th day of June, 1991. BOARD OF COMMISSIONERS OF HALL COUNTY, GEORGIA BY: CURTIS SEGARS, CHAIRMAN #205910 6/18, 25, 7/2 Filed in the Office of the Secretary of State July 25, 1991. CLAYTON COUNTY-BURIAL OF PAUPERS. ORDINANCE NO. 91-74 AN ORDINANCE, ADOPTED UNDER THE HOME RULE POWERS GRANTED TO CLAYTON COUNTY PURSUANT TO ARTICLE 9, SECTION 2, PARAGRAPH 1, OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, TO REPEAL GEORGIA LAWS 1976, PAGE 3786, (SECTION 1-2-3 OF ARTICLE I, CHAPTER 1-2, CLAYTON COUNTY CODE OF ORDINANCES) RELATING TO THE BURIAL OF PAUPERS; TO ESTABLISH IN ITS PLACE AND STEAD A NEW SECTION RELATING TO THE BURIAL OF PAUPERS; TO PROVIDE AN EFFECTIVE DATE; AND TO REPEAL CONFLICTING LAWS AND ORDINANCES; AND FOR OTHER PURPOSES. STATE OF GEORGIA COUNTY OF CLAYTON BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY AND IT IS HEREBY ORDAINED
Page 7081
Section I . By the authority granted pursuant to Article 9, Section 2, Paragraph 1 of the Constitution of the State of Georgia of 1983, the Board of Commissioners hereby repeals Georgia Laws 1976, Page 3786, as amended (Section 1-2-3 of Article I, Chapter 1-2 Clayton County Code of Ordinances) relating to burial of paupers. In lieu thereof a new section entitled Burial of paupers is hereby established to be codified as Section 1-2-3 of Article I, Chapter 1-2 of the Code of Clayton County, as amended, and to read as follows: (a) Whenever any person dies in Clayton County and the decedent, his family, and his immediate kindred are indigent and unable to provide for his decent interment, the Board of Commissioners shall make available from county funds a sum sufficient to provide a decent interment of the deceased indigent person or to reimburse such person as may have expended the cost thereof. (b) The funds paid to the person, corporation or legal entity designated by the Board of Commissioners to handle the indigent decedent shall not exceed five hundred dollars ($500.00) per body. An itemized statement shall be furnished to the Board of Commissioners evidencing that said services have been rendered. The body shall be interred at a location directed by the board of Commissioners with services rendered in accordance with appropriate standards for the handling of such matters. Section II . All laws and ordinances, or parts thereof, which conflict with this Ordinance are hereby repealed. Section III . This Ordinance shall become effective upon its approval by the Board of Commissioners. SO ORDAINED, this 1st day of October, 1991.
Page 7082
CLAYTON COUNTY BOARD OF COMMISSIONERS /s/ Dal Turner DAL TURNER, CHAIRMAN /s/ Ronald M. Dodson RONALD M. DODSON, VICE-CHAIRMAN /s/ Nancy Estes NANCY ESTES, COMMISSIONER /s/ Jerry H. Stubbs JERRY H. STUBBS, COMMISSIONER /s/ Terry J. Starr TERRY J. STARR, COMMISSIONER ATTEST: /s/ Margarette A. Swaim MARGARETTE A. SWAIM, CLERK ORDINANCE 91-74 The first reading of the above and foregoing Ordinance was held at the regular meeting of the Board of County Commissioners of Clayton County on the 3rd day of September, 1991, with the following members present and voting in favor: Chairman Dal Turner, Vice Chairman Ronald M. Dodson, Commissioner Nancy Estes, Commissioner Jerry H. Stubbs, and Commissioner Terry J. Starr. /s/ Margarette A. Swaim MARGARETTE A. SWAIM CLERK OF THE COMMISSION CLAYTON COUNTY BOARD OF COMMISSIONERS The second reading of the above and foregoing Ordinance was held at the regular meeting of the Board of County Commissioners
Page 7083
of Clayton County on the 17th day of September, 1991, with the following members present and voting in favor: Chairman Dal Turner, Vice Chairman Ronald M. Dodson, Commissioner Nancy Estes, Commissioner Jerry H. Stubbs, and Commissioner Terry J. Starr. /s/ Margarette A. Swaim MARGARETTE A. SWAIM CLERK OF THE COMMISSION CLAYTON COUNTY BOARD OF COMMISSIONERS Having been read in its entirety during the regular meetings of September 3, 1991, and September 17, 1991, Ordinance 91-74 was placed on the agenda of the regular meeting of October 1, 1991, of the Board of County Commissioners of Clayton County for consideration for adoption. The following members were present and voted in favor of Ordinance 91-74: Chairman Dal Turner, Vice Chairman Ronald M. Dodson, Commissioner Nancy Estes, Commissioner Jerry H. Stubbs, and Commissioner Terry J. Starr. /s/ Margarette A. Swaim MARGARETTE A. SWAIM CLERK OF THE COMMISSION CLAYTON COUNTY BOARD OF COMMISSIONERS Attest: /s/ Margarette A. Swaim MARGARETTE A. SWAIM CLERK OF THE COMMISSION (SEAL)
Page 7084
CERTIFICATION I, MARGARETTE A. SWAIM, CLERK TO THE CLAYTON COUNTY BOARD OF COMMISSIONERS, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND EXACT COPY OF ORDINANCE 91-74 AS ADOPTED BY THE CLAYTON COUNTY BOARD OF COMMISSIONERS ON OCTOBER 1, 1991. THE ORIGINAL OF ORDINANCE 91-74 MAY BE FOUND ON FILE IN THE COMMISSIONER'S OFFICE. /s/ Margarette A. Swaim MARGARETTE A. SWAIM CLERK OF THE COMMISSION OCTOBER 7, 1991 MISCELLANEOUS NOTICE OF INTENTION TO CONSIDER AN ORDINANCE AMENDING THE CLAYTON COUNTY CODE AS IT RELATES TO THE BURIAL OF PAUPERS Notice is hereby given that an Ordinance has been introduced before the Clayton County Board of Commissioners to amend an Act relating to the burial of paupers. The Ordinance provides in relevant part that: (a) Whenever any person dies in Clayton County and the decedent, his family, and his immediate kindred are indigent and unable to provide for his decent interment, the Board of Commissioners shall make available from county funds a sum sufficient to provide a decent interment of the deceased indigent person or to reimburse such person as may have expended the cost thereof. (b) The funds paid to the person, corporation or legal entity designated by the Board of Commissioners to handle the indigent decedent shall not exceed five hundred dollars ($500.00) per body. An itemized statement shall be furnished to the Board of Commissioners evidencing that said services have been rendered. The body shall be interred at a location directed by the Board of Commissioners with services rendered in accordance with appropriate standards for the handling of such matters.
Page 7085
A second reading of the Ordinance will be at 7:00 p.m. on September 17, 1991 in the Commissioner's Board Room, Administration Building, Jonesboro, Georgia. A copy of the proposed Ordinance in its entirety may be reviewed at the Clayton County Commissioner's Office at 121 S. McDonough Street, Jonesboro, Georgia. Questions may be directed to Donald M. Comer, Staff Attorney at 477-3207. September 10, 17, 24, 1991-229 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 an oath that the legal advertisement, a true copy of which is hereto annexed, was published in said newspaper in its issues of the September 10, 17, 24, 1991. Signed, Neely Young, Publisher Sworn to and subscribed before me this 3rd day of October, 1991. Signed Shayne Finch, Notary Public Clayton County, Georgia My Commission Expires March 7, 1994 Filed in the Office of the Secretary of State October 9, 1991.
Page 7086
FULTON COUNTY - GENERAL EMPLOYEES PENSION FUND ABOLISHED; ASSETS AND LIABILITIES TRANSFERRED TO FULTON COUNTY EMPLOYEES RETIREMENT SYSTEM; INSURANCE BENEFITS. A RESOLUTION TO AMEND AN ACT ENTITLED AN ACT AUTHORIZING THE BOARD OF COMMISSIONERS OF ROADS AND REVENUES OF FULTON COUNTY TO ESTABLISH RULES AND REGULATIONS GOVERNING THE PAYMENT OF PENSIONS TO COUNTY EMPLOYEES AND FOR OTHER PURPOSES APPROVED MARCH 3, 1939, (Ga. L. 1939, p. 571), AS AMENDED, SO AS TO PROVIDE FOR CERTAIN PAST AND FUTURE RETIREES INSURANCE BENEFITS; TO PROVIDE FOR THE ABOLITION OF SAID FUND AND THE BOARD OF TRUSTEES FOR SUCH FUND; TO PROVIDE FOR THE TRANSFER OF ALL ASSETS AND THE ASSUMPTION OF ALL LIABILITIES OF SAID FUND; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING LAWS AND FOR OTHER PURPOSES . BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF FULTON COUNTY pursuant to the authority contained in Article IX, Section II of the Constitution of the State of Georgia as follows: Section 1 . A Resolution to amend an Act entitled An Act Authorizing the Board of Commissioners of Roads and Revenues of Fulton County to Establish Rules and Regulations Governing the Payment of Pensions to County Employees and for other purposes approved March 3, 1939, (Ga. L. 1939, p. 571), as amended, is further amended by adding thereto a new section, which shall read as follows: Insurance Benefits In addition to the other benefits specified herein, all persons who have heretofore or shall hereafter retire and
Page 7087
commence to receive a pension benefit (with the exception of individuals receiving a vested pension benefit under the provisions of this Act of this Resolution) shall receive as an additional pension benefit, health insurance coverage equal to or in a greater amount than the coverage which was provided to such individual by Fulton County immediately prior to retirement, and the life insurance benefits provided for retirees as of the effective date of this amendment. The cost to such individual for such health insurance shall not exceed the same percentage of the total cost of such health insurance coverage as was paid by such individual immediately prior to retirement. The cost to such individual for such life insurance shall not exceed the cost to be paid by such individual at the time of the adoption of this amendment. The balance of the cost of such insurance shall be an additional pension benefit hereunder. Section 2 . Said Act is further amended by adding a new Section which shall read as follows: Abolition of Fund ..... (a) The Fulton County General Employees Pension Fund created by this Act and the Board of Trustees heretofore existing are hereby abolished. All assets and liabilities of said Fund including the liability to make future pension payments and other benefits are hereby transferred to the Fulton County Employees Retirement System. The Board of Trustees of the Fulton County Employees Retirement System shall perform all functions heretofore performed by the Board of Trustees of the Fulton County General Employees Retirement Fund. (b) The provisions of this Section shall not affect any heretofore existing rights of any participant in the aforementioned Pension Fund or the beneficiary of any such participant. Any active participant may continue to make the contributions heretofore required by law and continue to accrue benefits by reason thereof. Provided, however, any such individual may elect to participate in the provisions of the Fulton County Employees Retirement System.
Page 7088
Section 3 . The provisions of Section 1 of this Resolution shall become effective January 1, 1991. The remaining provisions of this Resolution shall become effective September 1, 1991, and all actions taken by the Board of Trustees of the General Employees Retirement Fund from September 1, 1991, to the date of final adoption of this Resolution by the Board of Commissioners of Fulton County are hereby confirmed and ratified. Section 4 . All Resolutions or laws or parts thereof in conflict herewith are hereby repealed. STATE OF GEORGIA COUNTY OF FULTON CERTIFICATION I, Avarita L. Hanson, Clerk to The Fulton County Commission, do hereby certify that the attached is a true and correct copy of A RESOLUTIN TO AMEND AN ACT ENTITLED `AN ACT AUTHORIZING THE BOARD OF COMMISSIONERS OF ROADS AND REVENUES OF FULTON COUNTY TO ESTABLISH RULES AND REGULATIONS GOVERNING THE PAYMENT OF PENSIONS TO COUNTY EMPLOYEES AND FOR OTHER PURPOSES' APPROVED MARCH 3, 1939, (Ga. L. 1939, p. 571), AS AMENDED, SO AS TO PROVIDE FOR CERTAIN PAST AND FUTURE RETIREES INSURANCE BENEFITS; TO PROVIDE FOR THE ABOLITION OF SAID FUND AND THE BOARD OF TRUSTEES FOR SUCH FUND; TO PROVIDE FOR THE TRANSFER OF ALL ASSETS AND THE ASSUMPTION OF ALL LIABILITIES OF SAID FUND; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING LAWS AND FOR OTHER PURPOSES, as adopted by the Board of Commissioners on September 4, 1991 and October 2, 1991. This 24th day of October, 1991.
Page 7089
/s/ Avarita L. Hanson Avarita L. Hanson, Clerk Fulton County Board of Commissioners [FULTON COUNTY SEAL] PUBLISHER'S AFFIDAVIT STATE OF GEORGIA, - County of Fulton. Before me, the undersigned, a Notary Public, this day personally came DAWN T. STUART, who, being duly sworn, according to law, says that SHE is the AGENT of the Daily Report Company , publishers of the Fulton County Daily Report , official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 6th, 13th, 20, 27th day(s) of September, 1991, and on thedays of, 19as provided by law. /s/ Dawn T. Stuart Subscribed and sworn to before me this 1st day of October, 1991. /s/ Cassandra Jean Harkness Notary Public, Fulton County, Georgia My Commission Expires April 12, 1993 NOTICE OF AMENDMENT TO AN ACT ENTITLED AN ACT AUTHORIZING THE BOARD OF COMMISSIONERS OF ROADS AND REVENUES OF FULTON COUNTY TO ESTABLISH RULES AND REGULATIONS GOVERNING THE PAYMENT OF PENSIONS TO COUNTY EMPLOYEES..... AND FOR OTHER PURPOSES, APPROVED MARCH 3, 1939, (Ga. L. 1939, p. 571) NOTICE IS HEREBY GIVEN that the Board of Commissioners of Fulton County, as its regular meeting on September 4, 1991, approved an amendment for Ga. L. 1939, p. 571,
Page 7090
being an Act providing for pensions to Fulton County Employees. A synopsis of the Amendment is as follows: Past and future retirees under the pension plan shall receive as additional pension benefits, health insurance coverage equal to or in a greater amount than the coverage which was provided by Fulton County immediately prior to retirement; with the cost to such individual not to exceed the percentage such participant paid before retirement, and life insurance benefits provided for retirees prior to the effective date of this Amendment; and to provide for the amount which such retirees shall pay for such benefits; and to abolish said Pension Fund and the Board of Trustees created thereby. The Board of Commissioners intends to finally adopt such amendment at its regular meeting on October 2, 1991. A copy of such amendment is on file in the office of the Clerk of the Superior Court of Fulton County and also the office of the Clerk of the Board of Commissioners of Fulton County and is available for the purpose of examination and inspection by the public. AVARITA HANSON, Clerk, Board of Commissioners-Fulton County Sept. 6, 13, 20, 27 1991 Req-4 151620 Filed in the Office of the Secretary of State October 25, 1991.
Page 7091
FULTON COUNTY - JUDGES AND SOLICITOR GENERALS RETIREMENT FUND; BENEFITS; INSURANCE; FUND ABOLISHED AND ASSETS AND LIABILITIES TRANSFERRED TO FULTON COUNTY EMPLOYEES RETIREMENT SYSTEM. A RESOLUTION TO AMEND AN ACT CREATING THE JUDGES AND SOLICITOR GENERALS RETIREMENT FUND OF FULTON COUNTY APPROVED JANUARY 31, 1946, (Ga. L. 1946, p. 299), AS AMENDED, PARTICULARLY BY AN ACT DATED APRIL 17, 1973, (Ga. L. 1973, p. 2712), AND AN ACT APPROVED MARCH 17, 1978, (Ga. L. 1978, p. 4011), SO AS TO CHANGE THE BENEFITS PAYABLE UNDER SAID FUND; TO PROVIDE FOR CERTAIN PAST AND FUTURE RETIREES INSURANCE BENEFITS; TO PROVIDE FOR THE ABOLITION OF SAID FUND AND THE BOARD OF TRUSTEES FOR SUCH FUND; TO PROVIDE FOR THE TRANSFER OF ALL ASSETS AND THE ASSUMPTION OF ALL LIABILITIES OF SAID FUND; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING LAWS AND FOR OTHER PURPOSES . BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF FULTON COUNTY pursuant to the authority contained in Article IX, Section II, of the Constitution of the State of Georgia, as follows: Section 1 . An Act creating the Judges and Solicitor Generals Retirement Fund of Fulton County approved January 31, 1946, (Ga. L. 1946, p. 299), as amended, particularly by an Act dated April 17, 1973, (Ga. L. 1973, p. 2712), and an Act approved March 17, 1978, (Ga. L. 1978, p. 4011), is further amended by inserting following Section 5 thereof a new section which shall be known as Section 5 (a), which shall read as follows:
Page 7092
Section 5 (a) . Insurance Benefits In addition to the other benefits specified herein, all persons who have heretofore or shall hereafter retire and commence to receive a pension benefit (with the exception of individuals receiving a vested pension benefit under the provisions of this Resolution) shall receive as an additional pension benefit, health insurance coverage equal to or in a greater amount than the coverage which was provided to such individual by Fulton County immediately prior to retirement, and the life insurance benefits provided for retirees as of the effective date of this amendment. The cost to such individual for such health insurance shall not exceed the same percentage of the total cost of such insurance coverage as was paid by such individual immediately prior to retirement. The cost to such individual for such life insurance shall not exceed the cost to be paid at the time of the adoption of this amendment. The balance of the cost of such insurance shall be an additional pension benefit hereunder and paid from pension funds. Section 2 . Said Act is further amended by striking from Section 6 (c) thereof as added by the 1978 mandatory act aforementioned, the words one and one half and inserting in lieu thereof the word two, so that said sub-section 6 (c) shall read as follows: (c) Members who continue to serve after becoming eligible for retirement on full benefits shall be eligible to a two percent (2%) of salary increase in benefits for each year of additional service, not exceeding twelve (12) years of service. Section 3 . Said Act is further amended by inserting following Section 3 thereof a new Section which shall be known as Section 3A, which shall read as follows:
Page 7093
Section 3A . (a) The Judges and Solicitor Generals Retirement Fund created hereby and the Board of Trustees heretofore existing are hereby abolished. All assets and liabilities of said Fund including the liability to make future pension payments and other benefits are hereby transferred to the Fulton County Employees Retirement System. The Board of Trustees of the Fulton County Employees Retirement System shall perform all functions heretofore performed by the Board of Trustees of the Judges and Solicitor Generals Retirement Fund. (b) The provisions of this Section shall not affect any heretofore existing rights of any participant in the aforementioned Pension Fund or the beneficiary of any such participant. Any active participant may continue to make the contributions heretofore required by law and continue to accrue benefits by reason thereof. Provided, however, any such individual may elect to participate in the provisions of the Fulton County Employees Retirement System. Section 4 . The provisions of Section 1 of this Resolution shall become effective January 1, 1991. The remaining provisions of this Resolution shall become effective September 1, 1991, and all actions taken by the Board of Trustees of the Fulton County Judges and Solicitor Generals Retirement Fund from September 1, 1991, to the date of final adoption of this Resolution by the Board of Commissioners of Fulton County are hereby confirmed and ratified. Section 5 . Any and all sums necessary to actuarially fund any actuarial deficit created by the Resolution shall be paid by the Board of Commissioners of Fulton County from general County funds. Section 6 . All Resolutions or laws or parts thereof in conflict herewith are hereby repealed.
Page 7094
STATE OF GEORGIA COUNTY OF FULTON CERTIFICATION I, Avarita L. Hanson, Clerk to The Fulton County Commission, do hereby certify that the attached is a true and correct copy of A RESOLUTION TO AMEND AN ACT CREATING THE JUDGES AND SOLICITOR GENERALS RETIREMENT FUND OF FULTON COUNTY APPROVED JANUARY 31, 1946, (Ga. L. 1946, p. 299), AS AMENDED, PARTICULARLY BY AN ACT DATED APRIL 17, 1973, (Ga. L. 1973, p. 2712), AND AN ACT APPROVED MARCH 17, 1978, (Ga. L. 1978, p. 4011), SO AS TO CHANGE THE BENEFITS PAYABLE UNDER SAID FUND; TO PROVIDE FOR CERTAIN PAST AND FUTURE RETIREES INSURANCE BENEFITS; TO PROVIDE FOR THE ABOLITION OF SAID FUND AND THE BOARD OF TRUSTEES FOR SUCH FUND; TO PROVIDE FOR THE TRANSFER OF ALL ASSETS AND THE ASSUMPTION OF ALL LIABILITIES OF SAID FUND; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING LAWS AND FOR OTHER PURPOSES, as adopted by the Board of Commissioners on September 4, 1991 and October 2, 1991. This 24th day of October, 1991. /s/ Avarita L. Hanson Avarita L. Hanson, Clerk Fulton County Board of Commissioners [FULTON COUNTY SEAL] 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 ,
Page 7095
official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 6th, 13th, 20, 27th day(s) of September, 1991, and on thedays of, 19as provided by law. /s/ Dawn T. Stuart Subscribed and sworn to before me this 1st day of October, 1991. /s/ Cassandra Jean Harkness Notary Public, Fulton County, Georgia My Commission Expires April 12, 1993 NOTICE OF AMENDMENT TO AN ACT CREATING THE JUDGES AND SOLICITOR GENERALS RETIREMENT FUND OF FULTON COUNTY APPROVED, JANUARY 31, 1946, (Ga. L. 1946, p. 299), AS AMENDED.....AND FOR OTHER PURPOSES. NOTICE IS HEREBY GIVEN that the Board of Commissioners of Fulton County, at its regular meeting on September 4, 1991, approved an amendment to Ga. L. 1946, p. 299, being an Act creating the Judges and Solicitor Generals Retirement Fund of Fulton County. A synopsis of the Amendment is as follows: Past and future retirees under the pension plan shall receive as additional pension benefits, health insurance coverage equal to or in a greater amount than the coverage which was provided by Fulton County immediately prior to retirement, and life insurance benefits provide for retirees prior to the effective date of this Amendment; and to provide for the amount which such retirees shall pay for such benefits. In addition, said amendment changes the benefits payable under said Fund and provides for the abolition of said Fund and the Board of Trustees of such Fund and the transfer of all assets and the assumption of all liabilities of such Fund.
Page 7096
The Board of Commissioners intends to finally adopt such amendment at its regular meeting on October 2, 1991, A copy of such amendment is on file in the office of the Clerk of the Superior Court of Fulton County and also the office of the Clerk of the Board of Commissioners of Fulton County and is available for the purpose of examination and inspection by the public. AVARITA HANSON, Clerk, Board of Commissioners- Fulton County Sept. 6, 13, 20, 27 1991 Req-tg 151622 Filed in the Office of the Secretary of State October 25, 1991. CLAYTON COUNTY-SALE OF COUNTY PROPERTY. ORDINANCE NO. 91 - 91 AN ORDINANCE, ADOPTED UNDER THE HOME RULE POWERS GRANTED TO CLAYTON COUNTY PURSUANT TO ARTICLE 9, SECTION 2, PARAGRAPH 1, OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, TO REPEAL GEORGIA LAWS 1955, PAGE 2064, 18; GEORGIA LAWS 1971, PAGE 3208, 10; GEORGIA LAWS 1975, ACT NO. 165 (H.B. No. 612), 4 (CLAYTON COUNTY CODE OF ORDINANCES SEC. 1-2-43 [SALE OF COUNTY PROPERTY]); TO ESTABLISH IN ITS PLACE AND STEAD A NEW SECTION 1-2-43 ENTITLED SALE OF COUNTY PROPERTY; TO REPEAL CONFLICTING LAWS AND ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. STATE OF GEORGIA COUNTY OF CLAYTON
Page 7097
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY AND IT IS HEREBY ORDAINED Section I . By the authority granted pursuant to Article 9, Section 2, Paragraph 1 of the Constitution of the State of Georgia of 1983, the Board of Commissioners hereby repeals Georgia Laws 1955, page 2064, 18; Georgia Laws 1971, page 3208, 10; Georgia Laws 1975, Act No. 165 (H.B. No. 612), 4, being codified in the Clayton County Code of Ordinances as Section 1-2-43, as amended, [Sale of county property]. In lieu thereof a new Section 1-2-43 entitled, Sale of county property is hereby established and to read as follows: No property belonging to Clayton County shall be sold, transferred or conveyed without due consideration by the Board of Commissioners for value received by Clayton County from said sale, transfer or conveyance. Provided, however, the Board of Commissioners is authorized to sell, transfer and convey property to the United States, State of Georgia, a municipal corporation or any other governmental entity, agency or authority for nominal consideration, only after a public hearing and a determination by a majority of the members of the Board of Commissioners that it is in the best interest of Clayton County that said sale, transfer or conveyance be made and upon the adoption of a proper resolution. Property sold, transferred or conveyed to other legal entities shall be made only at public sale, after advertising the time and place of such sale, naming the property to be sold, and advertising for two (2) weeks in the official organ of Clayton County. Notwithstanding what has been said above, the Board of Commissioners shall have the power to make the disposition of discontinued rights-of-way which have been required and are not needed for road improvements by private negotiations with the adjacent property owners for the purpose of sale or exchange for lands that are needed for right-of-way; however, if such negotiation should not result in a satisfactory conclusion to the Board of Commissioners, said right-of-way may be sold at public sale after advertising the time and place of
Page 7098
said sale and the property to be sold to the highest bidder. Section II . All laws and ordinances, or parts thereof, which conflict with this Ordinance are hereby repealed. Section III . This Ordinance shall become effective upon its approval by the Board of Commissioners. SO ORDAINED, this 19th day of November, 1991. CLAYTON COUNTY BOARD OF COMMISSIONERS /s/ Dal Turner DAL TURNER, CHAIRMAN /s/ Ronald M. Dodson RONALD M. DODSON, VICE-CHAIRMAN /s/ Nancy Estes NANCY ESTES, COMMISSIONER /s/ Jerry H. Stubbs JERRY H. STUBBS, COMMISSIONER Absent TERRY J. STARR, COMMISSIONER ATTEST: /s/ Margarette A. Swaim MARGARETTE A. SWAIM, CLERK ORDINANCE 91-91 The first reading of the above and foregoing Ordinance was held at the regular meeting of the Board of County Commissioners of Clayton County on the 5th day of November, 1991 with the following members present and voting in favor: Chairman Dal Turner, Vice Chairman Ronald M. Dodson, Commissioner Nancy Estes, Commissioner Jerry H. Stubbs, and Commissioner Terry J. Starr.
Page 7099
/s/ Margarette A. Swaim MARGARETTE A. SWAIM CLERK OF THE COMMISSION CLAYTON COUNTY BOARD OF COMMISSIONERS The second reading of the above and foregoing Ordinance was held at the regular meeting of the Board of County Commissioners of Clayton County on the 19th day of November, 1991 with the following members present and voting in favor: Chairman Dal Turner, Vice Chairman Ronald M. Dodson, Commissioner Nancy Estes, and Commissioner Jerry H. Stubbs. /s/ Margarette A. Swaim MARGARETTE A. SWAIM CLERK OF THE COMMISSION CLAYTON COUNTY BOARD OF COMMISSIONERS Having been read in its entirety during the regular meetings of the Board of County Commissioners of Clayton County on November 5, 1991 and November 19, 1991, Ordinance 91-91 was adopted at the regular meeting of November 19, 1991. The following members were present on November 19, 1991 and voted in favor of Ordinance 91-91: Chairman Dal Turner, Vice Chairman Ronald M. Dodson, Commissioner Nancy Estes, and Commissioner Jerry H. Stubbs. /s/ Margarette A. Swaim MARGARETTE A. SWAIM CLERK OF THE COMMISSION CLAYTON COUNTY BOARD OF COMMISSIONERS
Page 7100
Attest: /s/ Margarette A. Swaim MARGARETTE A. SWAIM CLERK OF THE COMMISSION (SEAL) CERTIFICATION I, MARGARETTE A. SWAIM, CLERK TO THE CLAYTON COUNTY BOARD OF COMMISSIONERS, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND EXACT COPY OF RESOLUTION 91-91 AS ADOPTED BY THE CLAYTON COUNTY BOARD OF COMMISSIONERS ON NOVEMBER 19, 1991. THE ORIGINAL OF RESOLUTION 91-91 MAY BE FOUND ON FILE IN THE COMMISSIONERS' OFFICE. /s/ Margarette A. Swaim MARGARETTE A. SWAIM CLERK OF THE COMMISSION NOVEMBER 27, 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 an oath that the legal advertisement, a true copy of which is hereto annexed, was published in said newspaper in its issues of the November 5, 12, 19, 1991. Signed, Neely Young, Publisher
Page 7101
Sworn to and subscribed before me this 19th day of November, 1991. Signed Shayne Finch, Notary Public Clayton County, Georgia My Commission Expires March 7, 1994 MISCELLANEOUS NOTICE OF INTENTION TO CONSIDER AN ORDINANCE AMENDING THE CLAYTON COUNTY CODE AS IT RELATES TO THE SALE OF COUNTY PROPERTY Notice is hereby given that an Ordinance to amend an Act relating to the sale of county property will be introduced before the Clayton County Board of Commissioners during its regularly scheduled business meeting at 7:00 p.m. on November 5, 1991. the Ordinance provides in relevant part that: No property belonging to Clayton County shall be sold, transferred or conveyed without due consideration by the Board of Commissioners for value received by Clayton County from said sale, transfer or conveyance. Provided, however, the Board of Commissioners is authorized to sell, transfer and convey property to the United States, State of Georgia, a municipal corporation or any other governmental entity, agency or authority for nominal consideration, only after a public hearing and a determination by a majority of the members of the Board of Commissioners that it is in the best interest of Clayton County that said sale, transfer or conveyance be made and upon the adoption of the proper resolution. Property sold, transferred or conveyed to other legal entitles shall be made only at public sale, after advertising the time and place of such sale, naming the property to be sold, and advertising for two (2) weeks in the official organ of Clayton County. Notwithstanding what has been said above, the Board of Commissioners shall have improvements by private negotiations with the adjacent property owners for the purpose of sale or exchange for lands that are needed for right-of-way; however, if such negotiations should not result in a satisfactory conclusion to the Board of Commissioners, said right-of-way may be sold at public sale after advertising the time and place of said sale and the property to be sold to the highest bidder.
Page 7102
A second reading of the Ordinance will take place during the regularly scheduled business meeting commencing at 7:00 p.m. on November 19, 1991 in the Commissioner's Board Room, Administration Building, Jonesboro, Georgia. A copy of the proposed Ordinance in its entirety may be reviewed at the Clayton County Commissioner's Office at 121 S. McDonough Street, Jonesboro, Georgia. Questions may be directed to Donald M. Comer, Staff Attorney at 477-3207. 11/05, 12, 19, 1991-87 Filed in the Office of the Secretary of State December 3, 1991. HALL COUNTY - CIVIL SERVICE SYSTEM; CLERK OF THE BOARD OF COMMISSIONERS EXCLUDED. HALL COUNTY - CIVIL 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 CLERK OF THE HALL COUNTY COMMISSION FROM THE HALL COUNTY CIVIL SERVICE SYSTEM; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES.
Page 7103
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 I - Amendment 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 Clerk of the Board of Commissioners for Hall County, so that the said paragraph when so amended shall read as follows: Section II. There is hereby created and established a civil service system of personnel administration to be known as the Hall County Civil Service System. All employees of Hall County shall be members of the Hall County Civil Service System except: elected officers of the County, members of appointed boards, members of the commissions and authorities, the County attorney, the County physician, the County administrator, the assistant County administrator, the Clerk of the Board of Commissioners for Hall County, personnel director, management information 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 31st day of December, 1991. Section III - Repealer Provision . Any law, resolution, ordinance, rule or regulation in conflict with this resolution and ordinance are hereby expressly repealed. SO RESOLVED AND ORDAINED this 9th day of December 1991.
Page 7104
BOARD OF COMMISSIONERS OF HALL COUNTY, GEORGIA /s/ Curtis Segars Chairman /s/ Don Whitmire Commissioner /s/ Tom Oliver Commissioner /s/ Jane Reynolds Hemmer Commissioner /s/ A. N. Stepp Commissioner ATTEST: /s/ Jaclyn W. Sutton Deputy Clerk CERTIFICATION I, the undersigned Deputy 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 Boards of Commissioners held on November 25, 1991, and December 9, 1991, and was duly adopted, after advertisement in The Times on November 22, 1991, November 29, 1991, and December 6, 1991. 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 11th day of December, 1991. /s/ Janice D. Fordham (SEAL) Janice D. Fordham, Deputy Clerk Board of Commissioners of Hall County, Georgia
Page 7105
AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF HALL PERSONALLY APPEARED before the undersigned attesting officer, duly authorized by law to administer oaths, Denise Greene, who being duly sworn states on oath that he/she is the publisher of The Times, a newspaper published in Hall County, Georgia, and the official county organ of Hall County, Georgia, and that the public notice, a true copy of which is attached hereto, was published in said newspaper in its issues of November 22, 1991, December 29, 1991, and December 6, 1991. /s/ Denise Greene (SEAL) Advertising Assistant for Publisher The Times Sworn to and subscribed before me this 11th day of December, 1991. /s/ Vickie Thomas Notary Public My Commission Expires: Aug. 1992 (NOTARY SEAL) NOTICE TO 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 November 25, 1991, and on December 9, 1991, 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 Clerk of the Hall County Commission 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.
Page 7106
THE PUBLIC is hereby further notified that in order to carry out the provision 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 that 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 ordinances 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, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof. THIS 20th day of November, 1991. BOARD OF COMMISSIONERS OF HALL COUNTY, GEORGIA BY: CURTIS SEGARS, CHAIRMAN WILLIAM M. HOUSE Attorney for Hall County P. O. Box 430 Gainesville, GA 30503 (404) 536-0101 #222447 11/22, 29, 12/6 Filed in the Office of the Secretary of State December 18, 1991.
Page 7107
ACTIONS BY MUNICIPALITIES PURSUANT TO CHAPTER 35 OF TITLE 36 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965
Page 7109
CITY OF RIVERDALE - CORPORATE LIMITS. ORDINANCE NO. 90-8 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF RIVERDALE THROUGH THE CITY'S HOME RULE POWERS, TO CORRECT TYPOGRAPHICAL ERRORS OCCURRING IN THE LEGAL DISCRIPTION OF THE CITY BOUNDARIES AS ENACTED BY HOUSE BILL NO. 2064 AT THE 1990 GEORGIA LEGISLATIVE SESSION; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES. STATE OF GEORGIA CITY OF RIVERDALE WHEREAS, during the 1990 Legislative Session the General Assembly of the State of Georgia adopted House Bill No. 2064 which provided a new corporate limits description for the City of Riverdale, Georgia, and WHEREAS, House Bill No. 2064 as enacted contained a number of minor typographical errors, and WHEREAS, the only means of correcting such typographical errors is by subsequent legislation, and WHEREAS, the State, under the Home Rule provisions as codified in O.C.G.A. Title 36, Chapter 35, has delegated authority to cities to amend their city charters, and WHEREAS, amendment of House Bill No. 2064 involves no additions or extension to City boundaries as delineated in House Bill No. 2064; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Riverdale, Georgia, and by the authority thereof: Section 1 . That the boundary description for the City of Riverdale, Georgia, as contained in the City Charter, and as enacted by House Bill No. 2064, 1990 Georgia Legislative Session,
Page 7110
be amended to correct certain typographical errors, such amendments to be as follows: (1) On page 6 of House Bill No. 2064, line 11, the last word, Riege, shall be changed to Ridge. (2) On page 8 of House Bill No. 2064, line 20, the first word in that line, southwesterly, shall be changed to southeasterly. (3) On page 11 of House Bill No. 2064, line 29, 132 degrees, 467 minutes, 00 seconds shall be changed to 132 degrees, 46 minutes, 00 seconds. (4) On page 17 of House Bill No. 2064, line 3, the word pin shall be inserted after the word iron so that the end of said line, as amended, reads iron pin, said..... Section 2 . The City Clerk is directed to supply a copy of House Bill No. 2064 as enacted along with this amending ordinance to the official codifier for the City for inclusion with the next supplement to the City Code of Ordinances. Section 3 . All ordinances or parts or ordinances in conflict with this Ordinance are, to the extent of such conflict, hereby repealed. This 1st day of October, 1990. /s/ Andrew Carpenter ANDY CARPENTER, MAYOR ATTEST: /s/ Elizabeth Iler LIBBY ILER, CITY CLERK 1077H TO WHOM IT MAY CONCERN:
Page 7111
This is to certify that on August 27, 1990, Ordinance No. 90-8HOME RULE ORDINANCEwas read during a meeting of the Mayor and Council of the City of Riverdale. On October 1, 1990, the Ordinance was read the second time, as required by law, and at that meeting the Ordinance was formally adopted by the Mayor and Council of Riverdale. These readings are duly recorded in Minutes No. 21, Item 12, of the August 27 meeting, and in Minutes No. 24, Item 5, of the October 1 meeting. /s/ Margaret F. Plunkett Margaret F. Plunkett Assistant City Clerk CITY OF RIVERDALE, GEORGIA 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, publishers 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 AUGUST 7, 14 21 1990 Signed Joe Hiett, Publisher Sworn to and subscribed before me this 11th day of Sept. 1990. Signed, Laurel Oxner, Notary Public Spalding County, Georgia My Commission Expires June 26, 1994
Page 7112
MISCELLANEOUS NOTICE OF PROPOSED HOME RULE ORDINANCE Notice is hereby given that an amendment to the City Charter of the City of Riverdale, Georgia is proposed for adoption under the City's Home Rule powers. The purpose of such amendment is to correct typographical errors in House Bill No. 2064 of the 1990 Georgia legislative session which adopted a new corporate limits description for the City. A copy of the proposed ordinance is on file in the office of the City Clerk and with the Clerk of the Superior Court of Clayton County where it is available for examination and inspection by the public. The proposed ordinance will be considered for final adoption at the Council's first meeting in September. GLAZE, GLAZE, FINCHER BRAKEFIELD, P.C. Attorneys for the City of Riverdale August 7, 14, 21 28, 1990 Filed in the Office of the Secretary of State January 8, 1991. CITY OF EAST POINTMUNICIPAL COURT; JURISDICTION; PENALTIES. HOME RULE ORDINANCE AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga.L. 1965, p. 298, Section 3) TO AMEND AN ACT ESTABLISHING A CHARTER FOR THE CITY OF EAST POINT, GEORGIA, APPROVED AUGUST 19, 1912 (Ga.L. 1912, p. 862, et seq .), AND THE SEVERAL ACTS AMENDATORY THEREOF, IS HEREBY FURTHER AMENDED BY ADDING A NEW PROVISION AS TO JURISDICTION OVER VARIOUS STATE OFFENSES; TO PROVIDE FOR THE IMPOSITION OF MAXIMUM FINES AND SENTENCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR
Page 7113
THE RELEASE OF CONFLICTING LAWS AND ORDINANCES; AND OTHER PURPOSES AND MEASURES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAST POINT, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME THAT: Section 1 : An Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq. ), and the several amendatory Acts thereof, is hereby further amended as hereinafter set forth pursuant to the Municipal Home Rule Acts of 1965 (Ga.L. 1965, p. 298, et seq. ), by adding Section 6-108.1, which shall provide as follows: Section 6-108.1 . Jurisdiction over various state offenses; maximum fines and sentences. In instances where the General Assembly enacts legislation vesting municipal courts with jurisdiction over various state offenses, the City Court of East Point shall have power and authority to exercise jurisdiction over the various state offenses, including power and authority to impose the punishments provided for by the General Assembly upon a conviction of violating said laws. The City Court of East Point is hereby vested with jurisdiction over the following state misdemeanor offenses, and such other state misdemeanor offenses over which the General Assembly has vested municipal courts with jurisdiction: (a) O.C.G.A. Section 40-6-391 (driving under the influence of alcohol or drugs); (b) O.C.G.A. Section 40-6-395 (eluding an officer); (c) O.C.G.A. Section 36-32-6 (marijuana possession involving one ounce or less);
Page 7114
(d) O.C.G.A. Section 36-32-8 (operating a motor vehicle without a certificate of emission inspection under O.C.G.A. Section 40-8-161); (e) O.C.G.A. Section 36-32-9 (first or second offense of theft by shoplifting under O.C.G.A. Section 16-8-14, when the property stolen is less than $100.00); (f) O.C.G.A. Section 36-32-10 (first offense violation of O.C.G.A. Section 3-3-23 relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under twenty-one years of age); (g) O.C.G.A. Section 36-32-7 (operating a motor vehicle without insurance under O.C.G.A. Section 33-34-12). Section 2: Severability . In the event any section, subsection, sentence, clause, or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions of the other sections, subsections, sentences, clauses, or phrases of this ordinance, which shall remain in full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The City Council hereby declares that it would have passed the remaining parts of this ordinance or retained the previously existing provisions if it had known that such part or parts thereof would be declared or adjudicated invalid or unconstitutional. Section 3 : This ordinance shall become effective upon its adoption by the Council and approval of the Mayor. Section 4 : All ordinances or parts of ordinances in conflict herewith are hereby repealed. First Reading 11/5/90 Second Reading 12/10/90
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This ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia same is hereby approved. This the 10 day of December, 1990. /s/ Bruce Bannister MAYOR, CITY OF EAST POINT Attested to by: /s/ Evelyne K. Reeves City Clerk CITY CLERK'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned notary public, EVELYNE K. REEVES, Clerk of the City of East Point, and after being duly sworn deposes and states under oath as follows: I am the City Clerk of the City of East Point, Georgia, and pursuant to my responsibilities as City Clerk and in compliance with the Municipal Home Rule Act of 1965, hereby certify that with respect to that Municipal Home Rule Ordinance adopted December 10, 1990, 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 East Point for inspection by the public, together with providing for publication of the legal notice, a copy of which is attached hereto, and is further evidenced by an affidavit of the publishers. Furthermore, in execution of this Affidavit, I am transmitting herewith a certified copy of the ordinance as adopted by the Mayor and Council of the City of East Point to the Secretary
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of State of Georgia for enrollment in Georgia Laws as provided in the Municipal Home Rule Act of 1965 as amended. This 12 day of Dec., 1990. /s/ Evelyne K. Reeves Clerk, City of East Point Sworn to and subscribed before me this 12th day of December, 1990. /s/ John Marriner Notary Public, Fulton County, Georgia My Commission Expires May 24, 1994 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned, a notary public within and for said county and State, GERALD W. CRANE, publisher of the SOUTHSIDE SUN a newspaper published at East Point, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of CITY OF EAST POINT, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 29th day of Nov., 1990. /s/ Gerald W. Crane, Publisher (by) /s/ Pat L. Hinkle, Agent Pat L. Hinkle Acknowledgement of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me this 14th day of Dec. 1990. /s/ David H. Hamrick Notary Public.
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My commission expires September, 1991 (SEAL) LEGAL ADVERTISEMENT The East Point City Council will hold a public hearing at their regular meeting of Council on MONDAY, DECEMBER 10, 1990 at 7:30 p.m. in the Council Chamber, City Auditorium, East Point, Georgia for the purpose of hearing FIRST READING OF HOME RULE ORDINANCE TO ADD A NEW PROVISION AS TO JURISDICTION OVER VARIOUS STATE OFFENSES; TO PROVIDE FOR THE IMPOSITION OF MAXIMUM FINES AND SENTENCES, SECTION 6-108.1 OF THE EAST POINT CITY CHARTER (FINAL READING DECEMBER 10, 1990). HOME RULE ORDINANCE AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga. L. 1965, p. 298, Section 3) TO AMEND AN ACT ESTABLISHING A CHARTER FOR THE CITY OF EAST POINT, GEORGIA, APPROVED AUGUST 19, 1912 (Ga. L. 1912, p. 862, et seq.,) AND THE SEVERAL ACTS AMENDATORY THEREOF, IS HEREBY FURTHER AMENDED BY ADDING A NEW PROVISION AS TO JURISDICTION OVER VARIOUS STATE OFFENSES; TO PROVIDE FOR THE IMPOSITION OF MAXIMUM FINES AND SENTENCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR THE RELEASE OF CONFLICTING LAWS AND ORDINANCES; AND OTHER PURPOSES AND MEASURES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAST POINT, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME THAT: Section 1: An Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga.L. 1912, p. 862, et seq.), and the several Amendatory Acts thereof, is hereby further amended as hereinafter set forth pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p.
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298, et seq) by adding Section 6-108.1, which shall provide as follows: Section 6-108.1. Jurisdiction over various state offenses; maximum fines and sentences. In instances where the General Assembly enacts legislation vesting municipal courts with jurisdiction over various state offenses, the City Court of East Point shall have power and authority to exercise jurisdiction over the various state offenses, including power and authority to impose the punishments provided for by the General Assembly upon a conviction of violating said laws. The City Court of East Point is hereby vested with jurisdiction over the following state misdemeanor offenses, and such other state misdemeanor offenses over which the General Assembly has vested municipal courts with jurisdiction: (a) O.C.G.A. Section 40-6-391 (driving under the influence of alcohol or drugs); (b) O.C.G.A. Section 40-6-395 (eluding an officer); (c) O.C.G.A. Section 36-32-6 (marijuana possession involving one ounce or less); (d) O.C.G.A. Section 36-32-8 (operating a motor vehicle with a certificate of emission inspection under O.C.G.A. Section 40-8-161); (e) O.C.G.A. Section 36-32-9 (first or second offense of theft by shoplifting under O.C.G.A. Section 16-8-14, when the property stolen is less than $100.00); (f) O.C.G.A. Section 36-32-10 (first offense violation of O.C.G.A. Section 3-3-23 relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under twenty-one years of age); (g) O.C.G.A. Section 36-32-7 (operating a motor vehicle without insurance under O.C.G.A. Section 33-34-12).
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Section 2: Severability. In the event any section, subsection, sentence, clause, or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provision 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 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA,County of Fulton. Before me, the undersigned, a Notary Public, this day personally came DAWN T. STUART, who, being duly sworn, according to law, says that SHE is the AGENT of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 21ST, 29TH day(s) of NOVEMBER, 1990, and on the 6TH days of DECEMBER, 1990 as provided by law. /s/ Dawn T. Stuart Subscribed and sworn to before me this 10 day of DECEMBER, 1990. /s/ Cassandra Jean Harkness Notary Public, Fulton County, Georgia. My Commission Expires April 12, 1993 LEGAL ADVERTISEMENT The East Point City Council will hold a public hearing at their regular meeting of Council on MONDAY, DECEMBER 10, 1990 at 7:30 p.m. in the Council Chamber, City Auditorium, East Point, Georgia for the purpose of hearing FIRST READING OF HOME RULE ORDINANCE TO ADD A NEW PROVISION
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AS TO JURISDICTION OVER VARIOUS STATE OFFENSES; TO PROVIDE FOR THE IMPOSITION OF MAXIMUM FINES AND SENTENCES, SECTION 6-108.1 OF THE EAST POINT CITY CHARTER (FINAL READING DECEMBER 10, 1990). EVELYNE K. REEVES CITY CLERK HOME RULE ORDINANCE An Ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, Section 3) to amend an act establishing a charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 298, et seq.), and the several Acts Amendatory thereof, is hereby further amended by adding a new provision as to jurisdiction over various state offenses; to provide for the imposition of maximum fines and sentences; to provide for severability; to provide for the release of conflicting laws and ordinances; and other purposes and measures. Be it ordained by the Mayor and Council of the City of East Point, and it is hereby Ordained by Authority of same that: Section 1 : An Act establishing a new charter for the city of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), and the several amendatory acts thereof, is hereby further amended as hereinafter set forth pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), by adding Section 6-108.1, which shall provide as follows: Section 6-108.1 . Jurisdiction over various state offenses; maximum fines and sentences. In instances where the General Assembly enacts legislation vesting municipal courts with jurisdiction over various state offenses, the City Court of East Point shall have power and authority to exercise jurisdiction over the various state offenses, including power and authority to impose the punishments
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provided for by the General Assembly upon a conviction of violating said laws. The City Court of East Point is hereby vested with jurisdiction over the following state misdemeanor offenses, and such other state misdemeanor offenses over which the General Assembly has vested municipal courts with jurisdiction: (a) O.C.G.A. Section 40-6-391 (driving under the influence of alcohol or drugs); (b) O.C.G.A. Section 40-6-395 (eluding an officer); (c) O.C.G.A. Section 36-32-6 (marijuana possession involving one ounce or less); (d) O.C.G.A. Section 36-32-8 (operating a motor vehicle without a certificate of emission inspection under O.C.G.A. Section 40-8-161); (e) O.C.G.A. Section 36-32-9 (first or second offense of theft by shoplifting under O.C.G.A. Section 16-8-14, when the property stolen is less than $100.00); (f) O.C.G.A. Section 36-32-10 (first offense violation of O.C.G.A. Section 3-3-23 relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under twenty-one years of age); (g) O.C.G.A. Section 36-32-7 (operating a motor vehicle without insurance under O.C.G.A. Section 33-34-12). Section 2 : Severability. In the event any section, subsection, sentence, clause, or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions of the other sections, subsections, sentences, clauses, or phrases of this ordinance, which shall remain in full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The City Council hereby declares that it would have passed the remaining parts of this ordinance or retained the previously
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existing provisions if it had known that such part of parts hereof would be declared or adjudicated invalid or unconstitutional. Section 3 : This ordinance shall become effective upon its adoption by the Council and approval by the Mayor. Section 4 : All ordinances or parts of ordinances in conflict herewith are hereby repealed. Nov 21 29 dec 6 1990Req-5 134786 Filed in the Office of the Secretary of State February 21, 1991. CITY OF GRIFFINEXECUTION OF DOCUMENTS; EMPLOYEES' AID FUND. AN ORDINANCE AN ORDINANCE, ENACTED PURSUANT TO THE HOME RULE POWERS ACT, TITLE 36, CHAPTER 35 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, TO AMEND THE CHARTER OF THE CITY OF GRIFFIN, ACTS 1921, P. 959, AS AMENDED, TO PROVIDE THE SIGNATORY AUTHORITIES FOR EXECUTION OF ORDERS, CHECKS AND WARRANTS AND THE EXECUTION OF CONTRACTS, DEEDS AND OTHER OBLIGATIONS; TO EXPAND THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE EMPLOYEES' AID FUND AND DEFINE THEIR DUTIES; TO PROVIDE FOR THE INVESTMENT OF FUNDS IN THE HANDS OF THE BOARD OF TRUSTEES FOR THE EMPLOYEES' AID FUND; TO REPEAL CONFLICTING CHARTER PROVISIONS; AND FOR OTHER PURPOSES. WHEREAS, the Board of Commissioners of the City of Griffin, Georgia, find it in the best interest of the City to amend
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the Charter of the City of Griffin, Acts 1921, p. 959, as amended, pursuant to the Home Rule Powers Act, O.C.G.A. Title 36, Chapter 35; Now, therefore, be it enacted, and it is ordained by the Board of Commissioners, as follows: Section 1 : Charter Section 2.12, Duties of Chairman, is hereby amended by deleting the present subsection (a) in its entirety and substituting in lieu thereof the following: Section 2.12. Duties of Chairman. (a) The chairman shall preside at all meetings of the commissioners which he attends, unless he vacates the chair and calls on the chairman pro tempore. The chairman shall be entitled to vote on all questions, motions or matters brought before the commissioners for action. The chairman (or in his absence, any other commissioner) and the city manager shall sign all orders, checks, and warrants for the payment of any monies out of the treasury of the city and shall execute on behalf of the city all contracts, deeds, and other obligations. In the absence of the city manager, the chief financial officer of the city shall sign orders, checks and warrants in his place and stead. Before exercising the authority vested by this section, the city manager and chief financial officer shall give bond, with good security, to the board of commissioners in an amount not less than One Hundred Thousand ($100,000.00) Dollars, indemnifying said board against loss sustained through theft, embezzlement, forgery, misappropriation, wrongful abstraction, willful misapplication or other fradulent or dishonest act or acts committed by any one or more of said officers, acting alone or in collusion with others. Section 2 . Charter Section 4.27 is hereby amended by deleting the present section in its entirety and substituting in lieu thereof the following: Section 4.27. Investment of Funds.
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The Board of Trustees shall be authorized to invest and reinvest the funds in their hands in accordance with Section 47-1-12 of the Official Code of Georgia Annotated, which powers by reference are expressly incorporated as if fully set out herein, and is further authorized to participate in the Joint Municipal Employees Benefit System, pursuant to Chapter 5 of Title 47 of the Official Code of Georgia Annotated. Section 3 . Charter Section 4.28 is hereby amended by deleting the present section in its entirety and substituting in lieu thereof the following: Section 4.28 Establishment, duties, membership of board of trustees. (a) There is hereby established, to serve without compensation (except reimbursement of expenses actually incurred and approved by said board), a Board of Trustees of the Griffin Employees' Aid Fund, whose duties it shall be to collect, disburse, manage, invest, and control said fund, and to adopt and enforce all necessary rules and regulations therefor. The board shall consist of one member of the Board of Commissioners of the City of Griffin, which said member shall be appointed by the Board of Commissioners, one citizen-at-large appointed by the Board of Commissioners for a term of two (2) years, the city manager, the city attorney, two (2) employees of the City of Griffin who have been employed by the City five (5) or more consecutive years, and one (1) retiree of the City of Griffin. The two (2) employee members shall be elected by plurality vote of the then employees of the City at an election to be held at City Hall, under the direction and supervision of the city manager. The retiree member shall be elected by the plurality vote of the then retired city employees receiving benefits from the Employees' Aid Fund, at an elction held in conjunction with the employees' election. Provisions shall be made for absentee balloting by those employees and retirees unable to be present during the hours of the election at City Hall.
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(b) The first election for the employee seat currently held by George Reid shall be conducted on the first Monday in March, 1991, and shall be for a term of two (2) years. The second election, for the post currently held by Ed Beall, shall be held on the first Monday in March, 1992 and shall be for a term of two (2) years. Thereafter, one employee member shall be elected each year to serve for a two (2) year term and until his successor is elected and duly qualified. (c) The first election for the seat to be held by the retiree member shall be held on the first Monday in March, 1991 and shall be for a term of two (2) years with succeeding elections being held on the first Monday in March of odd-numbered years. (d) The other members of the board shall hold office coextensive with their terms of elective or appointive office. The board shall annually, on the second Monday in April, hold an organizational meeting for the purposes of electing a chairman and secretary. The city manager shall serve as treasurer and shall secure and keep all funds and pay the same out under direction of the board of trustees. The treasurer shall give bond with good security for the faithful discharge of his duties, in an amount not less than One Hundred Thousand ($100,000.00) dollars. (e) All meetings of the board of trustees shall be called, held and conducted in accordance with the Georgia Open Meetings Law and written minutes kept accordingly. At each annual meeting, the treasurer shall give a financial report on the fund to the trustees, with copies made available thereafter for inspection by participants of the Employee's Aid Fund. For the purpose of taking action on any matter, a majority of the board shall constitute a quorum and a majority vote of a quorum shall control on all questions. Section 4 . All other provisions of the Charter of the City of Griffin in conflict with this ordinance are hereby repealed.
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Section 5 . This ordinance shall become effective upon its adoption upon second and final reading and its filing in the manner set forth in O.C.G.A. 36-35-3. CERTIFICATION I, RICHARD C. CROWDIS, do hereby certify that I am the City Manager of the City of Griffin, Georgia and in that capacity serve as Secretary to the Board of Commissioners and custodian of official minutes of said Board. I do hereby further certify that the attached is a true and correct copy of the Ordinance enacted pursuant to the Home Rule Powers Act, Title 36, Chapter 35 of the Official Code of Georgia Annotated, to amend the Charter of the City of Griffin, Ga. Laws 1921, p. 959, as amended, to provide the signatory authorities for execution of orders, checks and warrants and the execution of contracts, deeds and other obligations; to expand the membership of the Board of Trustees of the Employees' Aid Fund and define their duties; to provide for the investment of funds in the hands of the Board of Trustees of the Employees' Aid Fund; to repeal conflicting Charter provisions; and for other purposes; which was duly passed at two consecutive regular meetings of the Board of Commissioners held on February 12, 1991 and February 26, 1991. This 27th day of February, 1991. /s/ Richard C. Crowdis Richard C. Crowdis Sworn to and subscribed before me, this 30th day of August, 1991. /s/ Lisa C. Hanes Lisa C. Hanes, Notary Public Notary Public, Spalding County, Georgia My Commission Expires May 17, 1993 STATE OF GEORGIA, COUNTY OF SPALDING.
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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, OTIS RAYBON, who, on oath, deposes and says that he is the Publisher of THE GRIFFIN DAILY NEWS, which is the official legal organ of Spalding County, Georgia, and that the attached legal advertisement was duly published on the following dates: February 1, 8, 15, 1991 Further affiant sayeth not. /s/ Otis Raybon, Jr. Otis Raybon, Publisher Sworn to and subscribed before me, this 6th day of May, 1992. /s/ Kathy Matthews Notary Public My commission expires: 8/21/93 (Affix Seal) 1537 PUBLIC NOTICE The Board of Commissioners of the City of Griffin will read for consideration at its regular meetings on February 12 and 26, 1991, at 7: 30 p.m. in the City Hall, 231 East Solomon Street, Griffin, Georgia, an ordinance to amend the Charter of the City of Griffin, pursuant to the Home Rule Powers Act. The purpose of this ordinance is to amend Sections 2.12, 4.27 and 4.28, respectively, to provide and designate the signatories for execution of checks, orders and warrants and the execution of contracts, deeds and other obligations; to expand the composition of the Board of Trustees of the Employees' Aid Fund and to define the duties of the Board; to provide for the investment of funds held by the Board of Trustees of the Employees' Aid Fund; to repeal conflicting provisions of the Charter; and for other purposes. Copies of the proposed ordinance area available for public inspection during regular business hours at the City Manager's office,
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231 East Solomon Street, Griffin, Georgia and in the office of the Clerk of Superior Court, Spalding County Courthouse, Griffin, Georgia. February 1, 8, 15, 1991 Filed in the Office of the Secretary of State March 7, 1991. CITY OF CORNELIACITY COMMISSION; INVESTIGATIONS; EMPLOYEES; CONFLICTS OF INTEREST; ELECTIONS; VACANCIES; CITY MANAGER; CITY ATTORNEY; MUNICIPAL COURT; DEPARTMENTS. CITY OF CORNELIA HOME RULE ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF CORNELIA ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965, AS AMENDED (O.C.G.A. SECTION 36-35-1, ET. SEQ.), AMENDING THE CHARTER OF THE CITY OF CORNELIA BY AMENDING AN ACT INCORPORATING THE TOWN OF CORNELIA, APPROVED OCTOBER 22, 1887 (Ga. L.1886-87, Vol. II, p. 571) AND SEVERAL OF THE ACTS AMENDATORY THEREOF, TO WIT: AN ACT APPROVED DECEMBER 29, 1890 (Ga. L. 1890-91, Vol. II, p. 663), AN ACT APPROVED AUGUST 7, 1905 (Ga. L. 1905, p. 768), AN ACT APPROVED AUGUST 20, 1927 (Ga. L. 1927, p. 981), AN ACT APPROVED FEBRUARY 25, 1949 (Ga. L. 1949, p. 1329), AN ACT APPROVED FEBRUARY 28, 1966 (Ga. L. 1966, p. 2404), AND AN ACT APPROVED MARCH 31, 1976 (Ga. L. 1976, p. 3939) SO AS TO PROVIDE FOR INQUIRIES AND INVESTIGATIONS BY THE CITY COMMISSION AND CLARIFYING THE MANNER IN WHICH THE CITY COMMISSION AND ITS MEMBERS MAY DEAL WITH CITY OFFICERS AND EMPLOYEES WHO ARE SUBJECT TO THE DIRECTION AND SUPERVISION OF THE CITY MANAGER; TO PROVIDE FOR SEMIANNUAL STATEMENTS OF THE FINANCIAL
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CONDITION OF THE CITY AND THE CONTENT AND PUBLICATION THEREOF, ELIMINATING THE REQUIREMENT OF PREPARING AND PUBLISHING QUARTERLY STATEMENTS; TO PROVIDE GUIDELINES FOR CITY OFFICIALS AND EMPLOYEES TO PREVENT CONFLICTS BETWEEN THEIR INTERESTS AND THE INTERESTS OF THE CITY; TO REQUIRE ANY ELECTED OFFICIAL, APPOINTED OFFICER OR EMPLOYEE TO MAKE DISCLOSURE OF ANY PRIVATE INTEREST IN ANY MATTER PENDING BEFORE THE CITY COMMISSION OR BEFORE OR WITHIN ANY DEPARTMENT OF THE CITY, AND DISQUALIFICATION OF ANY PERSON WHERE THERE IS A CONFLICT OF INTEREST; TO PROHIBIT THE USE OF PROPERTY OWNED BY THE CITY BY ANY ELECTED OFFICIAL, APPOINTED OFFICER OR EMPLOYEE EXCEPT IN ACCORDANCE WITH ESTABLISHED POLICIES; TO PROVIDE THAT A CONTRACT OR SALE MAY BE VOIDABLE AT THE OPTION OF THE CITY COMMISSION WHEN PROVISIONS OF THE CHARTER DEALING WITH CONFLICT OF INTEREST AND DISCLOSURE ARE KNOWINGLY VIOLATED; TO PROVIDE THAT NEITHER THE MAYOR NOR ANY OTHER COMMISSIONER MAY HOLD ANY OTHER ELECTED OR COMPENSATED APPOINTIVE OFFICE WITHIN THE CITY, OR OTHERWISE BE EMPLOYED BY THE CITY OR ANY AGENCY THEREOF DURING THE TERM FOR WHICH HE IS ELECTED, EXCEPT WHERE AUTHORIZED BY LAW; TO PROVIDE THAT NO FORMER MEMBER OF THE CITY COMMISSION MAY HOLD ANY SALARIED APPOINTIVE OFFICE IN THE CITY UNTIL TWO YEARS AFTER THE EXPIRATION OF THE TERM FOR WHICH HE WAS ELECTED; TO ELIMINATE THE RIGHT TO ENFORCE COMPULSORY VACINATIONS UPON ALL PERSONS WHO RESIDE IN THE CITY; TO PROVIDE THAT NOMINATING PETITIONS SHALL BE FILED IN THE OFFICE OF THE SUPERINTENDENT OF ELECTIONS AND DELETING PROVISIONS PERTAINING TO THE CONTENT OF NOMINATING PETITIONS; TO PROVIDE THAT THE CITY COMMISSION SHALL CALL A SPECIAL ELECTION WITHIN TEN DAYS AFTER A VACANCY HAS OCCURRED IN AN ELECTIVE OFFICE OF THE CITY, THE PERIOD OF TIME DURING WHICH SUCH ELECTION SHALL BE
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HELD, AND FOR THE PUBLICATION OF NOTICE OF THE SPECIAL ELECTION ONCE A WEEK FOR TWO WEEKS, ELIMINATING THE REQUIREMENT THAT SUCH NOTICE BE POSTED IN THREE PUBLIC PLACES IN THE CITY; TO DELETE THE REQUIREMENT THAT THE REGISTRARS CONSIDER CERTAIN RECORDS IN PREPARING AND REVISING LISTS OF REGISTERED VOTERS, AND THE REQUIREMENT THAT THE LISTS OF REGISTERED VOTERS CONTAIN THE OCCUPATION, COLOR AND RESIDENCE OF EACH VOTER; TO DELETE PROVISIONS PERTAINING TO THE APPOINTMENT, OATH, DUTIES AND CONDUCT OF REGISTRARS AND TO ELECTIONS WHICH ARE NOW COVERED BY THE LAWS OF THIS STATE; TO PROVIDE THAT THE SECRETARY OF THE COMMISSION SHALL BE APPOINTED TO SERVE FOR A TERM EXTENDING FROM HIS APPOINTMENT AT THE REGULAR MEETING OF THE CITY COMMISSION IN JANUARY UNTIL ITS REGULAR MEETING HELD IN JANUARY OF THE FOLLOWING YEAR, RATHER THAN AT THE PLEASURE OF THE CITY COMMISSION, ELIMINATING THE PROVISION THAT THE SECRETARY OF THE COMMISSION MAY BE DISCHARGED AT ANY TIME WITH OR WITHOUT CAUSE, AND PROVIDING PROCEDURES FOR HIS REMOVAL FROM OFFICE; TO PROVIDE THAT THE SECRETARY OF THE COMMISSION SHALL RECEIVE SUCH SALARY AS FIXED BY THE CITY COMMISSION ON RECOMMENDATION OF THE CITY MANAGER; TO PROVIDE FOR THE APPOINTMENT OF AN ASSISTANT SECRETARY OF THE COMMISSION; TO PROVIDE FOR THE APPOINTMENT OF A CITY ATTORNEY WHO SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION AND MAY BE DISCHARGED BY THE CITY COMMISSION AT ANY TIME WITH OR WITHOUT CAUSE, SAID CITY ATTORNEY TO FUNCTION AS THE CITY'S LEGAL DEPARTMENT AND BE THE HEAD THEREOF; TO ESTABLISH QUALIFICATIONS FOR THE CITY ATTORNEY AND SPECIFY HIS DUTIES AND OBLIGATIONS; TO PROVIDE FOR THE EMPLOYMENT OF ANOTHER ATTORNEY TO REPRESENT THE CITY IN ANY MATTER IN WHICH THE CITY ATTORNEY HAS DISQUALIFIED HIMSELF, AND AUTHORIZING THE CITY ATTORNEY TO ASSOCIATE OTHER ATTORNEYS WITH
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HIM IN REPRESENTING THE CITY AFTER HAVING OBTAINED THE WRITTEN APPROVAL OF THE CITY MANAGER; TO PROVIDE THAT THE CITY MANAGER SHALL BE APPOINTED TO SERVE FOR A TERM EXTENDING FROM HIS APPOINTMENT AT THE REGULAR MEETING OF THE CITY COMMISSION IN JANUARY UNTIL ITS REGULAR MEETING HELD IN JANUARY OF THE FOLLOWING YEAR, ELIMINATING THE PROVISION THAT HE IS SUBJECT TO REMOVAL FROM OFFICE AT ANY TIME BY A VOTE OF A MAJORITY OF THE COMMISSION, AND PROVIDING FOR PROCEDURES FOR HIS REMOVAL FROM OFFICE; TO PROVIDE THAT THE CITY MANAGER SHALL RECEIVE A SALARY FIXED AT HIS APPOINTMENT, BUT WHICH MAY BE CHANGED AT ANY TIME BY THE CITY COMMISSION; TO SET FORTH AUTHORITIES, DUTIES AND RESPONSIBILITIES OF THE CITY MANAGER, WITH HIS OPERATIONAL AUTHORITIES AND RESPONSIBILITIES TO BE CONTAINED IN A POSITION DESCRIPTION APPROVED BY THE CITY COMMISSION; TO GIVE THE CITY MANAGER THE RIGHT TO ATTEND ALL THE MEETINGS OF THE CITY COMMISSION AND DISCUSS WITH THE CITY COMMISSION ALL MATTERS COMING BEFORE THEM, WITH THE EXCEPTIONS SET FORTH, TO PROVIDE FOR THE APPOINTMENT OF ANOTHER PERSON TO TEMPORARILY SERVE AS CITY MANAGER OR TO PERFORM A SPECIFIED PART OF THE DUTIES OF THE CITY MANAGER DURING SUSPENSION, ABSENCE OR DISABILITY OF THE CITY MANAGER, AND FOR THE FIXING OF THE COMPENSATION OF THE PERSON SO APPOINTED; TO PROVIDE FOR THE TIME AND PLACE OF MEETING OF THE CITY COMMISSION AND THAT ALL SUCH MEETING SHALL BE HELD IN COMPLIANCE WITH THE LAWS OF THIS STATE, TO PROVIDE THAT EVERY PROPOSED ORDINANCE SHALL BE INTRODUCED IN WRITING IN THE FORM REQUIRED FOR FINAL ADOPTION, SUBJECT TO SUCH CHANGES AS MAY BE MADE AND VOTED ON BY THE CITY COMMISSION PRIOR TO OR AT THE TIME OF ITS ADOPTION, AND CHANGING THE PLACE OF POSTING OF ORDINANCES TO AN AREA IN CITY HALL OPEN TO THE PUBLIC DURING THE HOURS THE OFFICE OF THE SECRETARY OF THE CITY COMMISSION
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IS OPEN; TO CHANGE THE PLACE OF POSTING ORDINANCES SOUGHT TO BE ADOPTED BY REFERENDUM; TO CHANGE THE NAME OF THE MUNICIPAL COURT TO MUNICIPAL COURT OF THE CITY OF CORNELIA AND CLARIFY THE JURISDICTION OF SUCH COURT; TO PROVIDE FOR APPOINTMENT OF A RECORDER PRO TEMPORE TO HAVE ALL THE POWER, AUTHORITY AND JURISDICTION OF THE RECORDER WHILE ACTING AS SUCH; TO PROVIDE FOR AN OATH TO BE TAKEN BY THE RECORDER AND RECORDER PRO TEMPORE, TO DELETE THE REQUIREMENT THAT AT LEAST ONE SESSION OF THE MUNICIPAL COURT SHALL BE HELD EACH WEEK; TO PROVIDE THAT THE MUNICIPAL COURT SHALL HAVE AUTHORITY TO ESTABLISH A SCHEDULE OF FEES TO DEFRAY THE COST OF OPERATION AND SHALL BE ENTITLED TO REIMBURSEMENT OF THE COSTS OF MEALS, TRANSPORTATION AND CARETAKING OF PRISONERS BOUND OVER TO THE STATE COURT OR SUPERIOR COURT OF HABERSHAM COUNTY; TO PROVIDE AUTHORITY FOR THE MUNICIPAL COURT TO ESTABLISH BAIL AND RECOGNIZANCES, AND PROCEDURE FOR THE FORFEITURE THEREOF, WITH ENFORCEMENT BY JUDGMENT AND EXECUTION; TO PROVIDE THE MUNICIPAL COURT WITH AUTHORITY TO COMPEL THE PRODUCTION OF EVIDENCE, TO ENFORCE OBEDIENCE TO ITS ORDERS, JUDGMENTS AND SENTENCES, AND TO ADMINISTER OATHS; TO GRANT THE JUDGE OF THE MUNICIPAL COURT AUTHORITY TO ISSUE WARRANTS AND, WITH THE APPROVAL OF THE CITY COMMISSION, TO MAKE REASONABLE RULES AND REGULATIONS TO SECURE THE EFFICIENT AND SUCCESSFUL ADMINISTRATION OF THE MUNICIPAL COURT; TO ELIMINATE APPEALS FROM JUDGMENTS OF THE MUNICIPAL COURT TO THE CITY COMMISSION AND PROVIDE FOR THE RIGHT OF CERTIORARI FROM THE DECISION AND JUDGMENT OF THE MUNICIPAL COURT IN ALL CASES; TO CHANGE THE REQUIREMENTS FOR PUBLICATION OF SALES OF REAL ESTATE AND DELETING REFERENCES TO BIDS AS THEY RELATE TO THE ASSESSED VALUE OF THE PROPERTY; TO CHANGE PROVISIONS OF THE CHARTER PERTAINING TO THE
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ASSESSMENT OF REAL ESTATE AND PERSONAL PROPERTY FOR TAX PURPOSES AND THE INTEREST RATE WHICH EXECUTIONS FOR UNPAID TAXES SHALL BEAR; TO ELIMINATE THE NECESSITY OF AN ORDINANCE DECLARING WORK ON OR IMPROVEMENT OF STREETS NECESSARY UNLESS SUCH WORK OR IMPROVEMENTS ARE TO BE PAID FOR BY ASSESSING THE LAND FRONTING AND ABUTTING UPON BOTH SIDES OF THE IMPROVEMENT; TO REQUIRE THAT ALL SALES OF PROPERTY LEVIED UPON TO SATISFY EXECUTIONS ISSUED FOR TAXES AND OTHER INDEBTEDNESSES OWED TO THE CITY BE PUBLISHED ONCE A WEEK FOR FOUR WEEKS AND TO BE HELD BEFORE THE DOOR OF THE CITY HALL OR MUNICIPAL BUILDING, AS ADVERTISED BETWEEN THE HOURS OF 10:00 A.M. AND 4:00 P.M. ON THE FIRST TUESDAY IN THE MONTH IN WHICH THE SALE IS MADE, AND TO PROVIDE FOR THE GIVING OF NOTICE OF SUCH LEVIES AS IS REQUIRED BY LAW, TO ELIMINATE THE DEPARTMENT OF PUBLIC HEALTH, THE DEPARTMENT OF PUBLIC WORKS, THE DEPARTMENT OF PUBLIC FINANCES, AND THE DEPARTMENT OF PUBLIC RECORDS, AND TO ESTABLISH THE DEPARTMENT OF PUBLIC SERVICES AND THE CITY PLANNING DEPARTMENT; TO PROVIDE FOR PROCEDURES FOR THE REMOVAL OF DEPARTMENT HEADS; TO PROVIDE THAT THE SALARIES OF THE SECRETARY OF THE COMMISSION, RECORDER AND ALL SALARIES DEPARTMENT HEADS SHALL BE FIXED BY THE CITY COMMISSION ON RECOMMENDATION OF THE CITY MANAGER; TO REPEAL SECTION II OF AN ACT APPROVED DECEMBER 29, 1890 (Ga. L. 1890-91, Vol. II, p. 663), SECTION 17 OF AN ACT APPROVED AUGUST 7, 1905 (Ga. L. 1905, p. 768), AND SECTIONS 8, 9, 11, 12, 18, 23, 26, 47 AND 50 OF AN ACT APPROVED AUGUST 20, 1927 (Ga. L. 1927, p. 981) IN THEIR ENTIRETY; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING CHARTER PROVISIONS, ORDINANCES AND PARTS OF ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
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BE IT ORDAINED by the City Commission of the City of Cornelia and it is hereby ordained by authority of the same that the Charter of the City of Cornelia, Georgia, be, and the same is hereby amended as follows: Section 1 . That Section VII of the Act approved October 22, 1887 (Ga. L. 1886-87, Vol. II, p. 571) be, and the same is hereby amended by striking said Section VII in its entirety and substituting, in lieu thereof, a new Section VII to read as follows: Sec. VII. The City Commission 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 Commission shall be punished as provided by ordinance. Except for the purpose of the aforesaid inquiries and investigations, the City Commission 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 Commission nor its members shall give orders to any such officer or employee, either publicly or privately. Section 2 . That Section 23 of the Act approved August 7, 1905 (Ga. L. 1905, p. 768) be, and the same is hereby amended to read as follows: Sec. 23. Be it further enacted by the authority aforesaid that the City Commission of the City of Cornelia shall make or cause to be made semiannual statements of the financial condition of said city. Such statements shall be an accounting by budget category of monies received and paid out during the six months period for which such statement is made, and shall also summarize cash balances in the city's general fund accounts. Such statements shall be published in the newspaper published in the City of Cornelia, if any newspaper is published therein; if not, then published by posting
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said statements at three or more of the most public places of said city. Section 3 . That Section 15 of the Act approved August 7, 1905 (Ga. L. 1905, p. 768) be, and the same is hereby amended to read as follows: Sec. 15. Be it further enacted by the authority aforesaid that the City Commission of the City of Cornelia shall have authority to fix a fire limit in said city; to prescribe the material to be used in the buildings within said limits; to prescribe the regulations guarding against damages by fire, and for this purpose shall have the power to prohibit within the fire limits the use of buildings for any purpose that is hazardous without a permit from the building inspector; to prohibit the building or repairing of any building within said fire limits with material other than that permitted by the codes and ordinances of the City of Cornelia; and if any person shall build or repair any building contrary to the above, said City Commission shall have the power to tear down same or cause the same to be done at the expense of the owner. The City Commission shall have power to condemn all unsafe or dangerous structures in said city, and remove or cause the same to be removed at the expense of the owner, after due notice to said owner to remove the same, and the expenses incurred by the said City Commission in moving said dangerous structures shall be enforced by execution, and in addition thereto the person may be tried for having and keeping such dangerous structure, and upon conviction may be punished as prescribed by the ordinances of said city. Section 4 . That Section 14 of the Act approved August 7, 1905 (Ga. L. 1905, p. 768) be, and the same is hereby amended by striking said Section 14 in its entirety and substituting, in lieu thereof, a new Section 14 to read as follows: Sec. 14. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly engage in any business or transaction, or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge
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of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties; or engage in or accept private employemnt, or render services for private interests when such employment or services 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; or use information concerning the property, government, or affairs of the City of Cornelia to advance the financial or other private interest of himself or others; or accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the city or any agency thereof, provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; or represent other private interests in any action or proceeding against this city or any portion of its government; or vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has financial interest. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the City Commission. The mayor or any other commissioner who has a private interest in any matter pending before the City Commission shall disclose such private interest and such disclosure shall be entered on the records of the City Commission, and he shall disqualify himself from participating in any discussion, debate, 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. No elected official, appointed officer, or employee of the city or other entity or agency to which this charter applies
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shall use property owned by the city or such other entity or agency for personal benefit, convenience, or profit except in accordance with policies promulgated by the City Commission or the governing body or such agency or entity. 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 Commission. Except where authorized by law, neither the mayor nor any other commissioner shall hold any other elective or compensated appointive office in the city or otherwise be employed by the city or any agency thereof during the terms for which he was elected. No former member of the City Commission shall hold any salaried appointive office in the city until two (2) years after the expiration of the term for which he was elected. Section 5 . That Section 8 of the Act approved August 7, 1905 (Ga. L. 1905, p. 768) be, and the same is hereby amended to read as follows: Sec. 8. Be it further enacted by the authority aforesaid that the City Commission of the City of Cornelia shall have the right, power and authority to declare what shall be a nuisance, and to provide punishment of persons who may create or continue nuisances; to establish such a system of quarantine, and to make such sanitary regulations within the corporate limits of the City of Cornelia as may, in their judgment, be best for the prevention, introduction or spreading of any infectious or contagious diseases; and to prevent the establishment and continuance of any unwholesome business offending public health, morals or comfort of any citizen of said city. Section 6 . That Section 6 of the Act approved August 20, 1927 (Ga. L. 1927, p. 981), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1329) be, and the same is hereby amended to read as follows:
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Section 6. In order for a candidate's name to appear upon the official printed ballots in municipal elections, written nominating petitions signed by at least ten voters qualified to vote for such candidate shall be filed in the office of the Superintendent of Elections as provided by the laws of this State and ordinances of the city. Section 7 . That Section 7 of the Act approved August 20, 1927 (Ga. L. 1927, p. 981), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1329) be, and the same is hereby amended to read as follows: Section 7. Upon a vacancy occurring in any elective office of the City of Cornelia the City Commission shall, within ten days after such vacancy occurs, issue a call for a special election to fill the existing vacancy, which special election shall be held no earlier than thirty days and not later than sixty days after the call. Notice of all special elections shall be published once a week for two weeks in any paper having general circulation in the City of Cornelia. Section 8 . That Section 10 of the Act approved August 20, 1927 (Ga. L. 1927, p. 981) be, and the same is hereby amended to read as follows: Sec. 10. Should the secretary of the commission or registrars willfully refuse to permit any person to register who is entitled to register to vote in municipal elections, or fail to enter the name of any such person upon the book to be kept for that purpose, then such secretary of the commission or registrar shall be guilty of a misdemeanor, and on conviction thereof shall be punished as such. Section 9 . That Section 15 of the Act approved August 20, 1927 (Ga. L. 1927, p. 981) be, and the same is hereby amended to read as follows: Sec. 15. The City Commission shall annually, at its regular meeting in January, select and appoint a secretary of the commission to serve for a term extending until its regular meeting held in January of the following year. Said secretary of the commission shall have charge and custody of the city
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records and attend all meetings of the City Commission except that part of any meeting which, under the laws of this State, is authorized to be closed to the public for the purpose of discussing or deliberating upon his performance, reappointment or dismissal, or the mater of subjecting him to disciplinary action. He shall keep accurate minutes of the proceedings of the City Commission; keep in office all oaths taken by, and all bonds of officers and employees; keep a record of all elections and appointments to office; perform such other duties as may be provided by this charter or as may be required of him by the City Commission; and perform such other duties as shall be set forth in a position description developed by the City Commission with and approved by the City Manager. He shall receive such salary as fixed by the City Commission on recommendation of the City Manager. The City Commission may remove the secretary of the commission from office in accordance with the following procedures: (1) The City Commission shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reason for removal and may suspend the secretary from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the secretary. (2) Within five (5) days after a copy of the resolution is delivered to the secretary, he may file with the City Commission a written request for a public hearing by delivering such request to the mayor or some other member of the commission and a copy of the request to the City Manager. This hearing shall be held within 20 days after the request is filed. The secretary may file with the commission a written reply to the commission's aforesaid preliminary resolution not later than five (5) days before the hearing. (3) If the secretary has not requested a public hearing within the time specified in paragraph (2) above, or cannot be located at his personal residence or elsewhere in the city in order to be able to deliver the aforesaid
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copy of the resolution to him within a period of 14 days from and after the time said preliminary resolution is adopted, the City Commission 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 secretary has requested a public hearing, the City Commission 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. The secretary shall continue to receive his salary until the effective date of a final resolution of removal. The City Commission may appoint an assistant secretary of the commission to perform the duties which would ordinarily be the duties of the secretary, or to perform a specified part of such duties. Section 10 . That Section 16 of the Act approved August 20, 1927 (Ga. L. 1927, p. 981) be, and the same is hereby amended by striking said Section 16 in its entirety and substituting, in lieu thereof, a new Section 16 to read as follows: Sec. 16. The City Commission shall annually, at its regular meeting in January, upon recommendation of the City Manager, appoint a City Attorney who shall serve at the pleasure of the City Commission and may be discharged by the City Commissioner at any time with or without cause. Insofar as the legal affairs of the city are concerned, the City Attorney shall function as the city's legal department and be the head thereof. The City Attorney shall be an active member of the State Bar of Georgia in good standing with at least three (3) years' experience in the active practice of law and shall be responsible for representing and defending the city in all litigation in which the city is a party; shall attend all regular meetings of the City Commission and other meetings of the City Commission as directed; shall advise the City Commission, City Manager, and other officers and employees of the city as requested by the City Manager concerning legal aspects of the
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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 Attorney shall prepare all ordinances for adoption by the City Commission, and shall review proposed resolutions, conveyances and other written contracts for approval as to form and legality prior to adoption or execution when referred by the City Manager or the City Commission. In the event the City Attorney has a conflict of interest in representing the city in any particular matter or otherwise feels that he cannot adequately or properly represent the city in any particular matter, he shall inform the City Manager whereupon the City Manager shall be authorized to hire another attorney to represent the city in the matter in which the City Attorney has disqualified himself. When the City Attorney deems it advisable to associate another attorney or other attorneys with him in representing the city in any litigation or other mater, he shall be authorized to do so after first obtaining the written approval of the City Manager. Section 11 . That Section 17 of the Act approved August 20, 1927 (Ga. L. 1927, p. 981), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2404) be, and the same is hereby amended to read as follows: Section 17. The City Commission shall annually, at its regular meeting in January, select and appoint a City Manager for the city to serve for a term extending until its regular meeting held in January of the following year and fix a salary to be paid in monthly installments, which salary shall be fixed at the time of appointment of the City Manager, but which may be changed at any time by the commission. The City Manager shall be a full-time employee and the chief administrative officer of the city, and shall direct and supervise the administration and operation of all departments, offices and agencies of the city, except as otherwise provided by this charter or by law. He shall attend to the affairs of the city from an office in city hall, open during the normal hours of business of the administrative offices of the city. He shall have the appointment, subject to confirmation of the commission, of all heads of department of the city except
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the City Attorney. He shall not appoint the secretary of the commission or the Recorder but may submit recommendations. Although he also shall not appoint the City Attorney, his recommendation shall be necessary for the appointment of the City Attorney by the City Commission. His appointment of employees below the grade of department head shall not be subject to confirmation by the commission. He shall have the right to remove department heads and all other employees except the secretary of the commission, the City Attorney, and the Recorder without consent of the commission, but shall give the commission and the department head involved written notice of such action and the reasons therefor. The manager shall be responsible for the efficiency of all departments and employees of the city government except the secretary, in his duties as secretary, the City Attorney, and the Recorder. He shall maintain day-to-day oversight over all city operations, and shall have charge of the purchase of all supplies and material for the city. The manager's detailed operational responsibilities and authorities shall be contained in a position description approved by the commission. The manager, in turn, will develop and approve job descriptions for all other full-time employees of the city except the secretary. The secretary's duty for the commission will be directed by the commission and his administrative non-secretary related duties shall be set forth in a position description developed with and approved by the manager. The manager must submit not later than November of each year to the commission for its consideration a budget of proposed expenditures for the following year, showing in all practical detail the amounts allotted to each department of the city government and reasons therefor. Following commission adoption of the proposed budget with any changes it may order, the manager must provide a report to the commission as of the end of each month covered by the budget, of the financial operations under said budget by department. A summary of the city's financial operations shall be published by the secretary in the official newspaper of the city as of June 30 and December 31 of each year for the half or full calendar year covered. The manager shall be held responsible
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for establishing and ensuring the effective operation of a comprehensive system of accounting for all city receipts and expenditures, which system shall change from time to time in order to comply with federal and state auditing standards. The manager shall have the right to attend all meetings of the commission except that part of any meeting which, under the laws of this State, is authorized to be closed to the public for the purpose of discussing or deliberating upon his performance, reappointment or dismissal, or the matter of subjecting him to disciplinary action. He shall also have the right to discuss with the commission all matters coming before them other than those matters coming before them in such closed meeting, but shall have no vote thereon. The City Commission may remove the manager from office in accordance with the following procedures: (1) The City Commission 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 (5) days after a copy of the resolution is delivered to the manager, he may file with the City Commission a written request for a public hearing by delivering such request to the secretary of the commission. This hearing shall be held within 20 days after the request is filed. The manager may file with the commission a written reply to the commission's aforesaid preliminary resolution not later than five (5) days before the hearing. (3) If the manager has not requested a public hearing within the time specified in paragraph (2) above, or cannot be located at his personal residence or elsewhere in the city in order to be able to deliver the aforesaid copy of the resolution to him within a period of 14 days from and after the time said preliminary resolution is adopted, the City Commission may adopt a final resolution
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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 Commission 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 Commission 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. The manager shall continue to receive his salary until the effective date of a final resolution of removal. If, due to the suspension or temporary absence or disability of the City Manager, the City Commission should deem it necessary to designate some person to serve as acting City Manager during such suspension, absence or disability of the City Manager, the City Commission may appoint another person to temporarily serve as City Manager or to perform a specified part of the duties of the City Manager, and fix the compensation of the person so appointed. If a City Manager is not appointed, the City Commission may appoint someone to temporarily serve as City Manager or to perform a specified part of the duties of the City Manager, and fix the compensation of the person so appointed. Section 12 . That Section 19 of the Act approved August 20, 1927 (Ga. L. 1927, p. 981) be, and the same is hereby amended to read as follows: Sec. 19. The City Commission shall meet at least once each month, at such hour as shall be fixed by the commission, in the city hall or other building used by the city for administrative purposes. The hour and place of meetings must be published and shall not be changed except after publiched notice of such change. The commission may meet more often as may be deemed necessary. All such meetings shall be held in compliance with the laws of this State.
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Section 13 . That Section 21 of the Act approved August 20, 1927 (Ga. L. 1927, p. 981) be, and the same is hereby amended to read as follows: Sec. 21. Every proposed ordinance shall be introduced in writing in the form required for final adoption, subject to such changes as may be made and voted on by the City Commission prior to or at the time of its adoption, and, after being presented for consideration at any meeting of the commission, shall be posted in full in the city hall in an area open to the public during the hours the office of the secretary of the commission is open, and shall not come up for passage until ten days after such posting. If during said period of ten days a petition shall be filed with the secretary of the commission, signed by at least one-third of the voters whose names appear on the last list of registered voters of the city, requesting that said proposed ordinance be referred to a vote of the people, the commission shall order a referendum election thereon before finally adopting said ordinance, the procedure for which shall be as follows: The secretary of the commission shall post a notice containing the text or a full synopsis of the purposes of the ordinance for ten days at the place where ordinances are usually posted in the city hall and stating that petition for a referendum election on the proposed ordinance has been filed with him; that a referendum election will be held on a certain day; and that a special registration for said election will be held and a special registration book will be opened on a certain day for registration of voters, which day shall be ten days after the first posting of the notice. Such registration book shall be opened and kept open as provided for in other city elections, and all the other registration and elections laws of the city and this State shall control such registration and election. The election shall be held on the first Tuesday following the ten days after the closing of the special registration book. The registrars shall make up the registration list for said election as in the case of other city elections. The ballots used shall be printed at the expense of the city, and shall state the title of the ordinance and its substance, and below such statement shall state the two propositions: For the ordinance and Against the ordinance. The voter shall strike from the ballot the proposition to which he is opposed, leaving unstricken
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the proposition he favors. If a majority of the voters in such election have voted in favor of the ordinance, the commission shall thereupon in due course adopt the same, but if a majority shall vote against the proposed ordinance, it shall not be adopted by the commission until it shall have in a future election been voted in favor of. Section 14 . That Section 22 of the Act approved August 20, 1927 (Ga. L. 1927, p. 982) be, and the same is hereby amended to read as follows: Sec. 22. If as many as one-third of the voters whose names appear on the last list of registered voters shall present a written petition to the commission, setting out in such petition that they desire the adoption of a certain ordinance (the form of which shall be given in the petition), a referendum election shall be called by the commission for the purpose of submitting such proposed ordinance to a vote of the people, although the commission may not be willing to adopt such proposed ordinance, either in form or substance. The procedure for such referendum election shall be as follows: The secretary of the commission shall post a notice containing the text of the ordinance as set forth in the petition for ten days at the place where ordinances are usually posted in the city hall, stating that the adoption or rejection of the proposed ordinance will be submitted to a vote of the people in a referendum election to be held on a certain day, and that a special registration for said election will be held and a special registration book will be opened on a certain day for registration of voters, which day shall be ten days after the first posting of the notice. Such registration book shall be opened and kept open as provided for in other city elections, and all other registration and election laws of the city and this State shall control such registration and election. The election shall be held on the first Tuesday following the ten days after the closing of the special registration book. The registrars shall make up the registration list for said election as in the case of other city elections. Printed ballots shall be prepared and furnished at the expense of the city, and shall state the title of the proposed ordinance and its substance, and below such statement shall state the two propositions: For the ordinance and Against the ordinance. The voter shall strike
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from the ballot the proposition to which he is opposed, leaving unstricken the proposition he favors. The result of such election shall be certified to the commission as the results of other city elections are certified, and if a majority of the voters in such election have voted in favor of the proposed ordinance, this shall have all the force and effect as if the ordinance had been adopted by the commission, and the commission shall declare such ordinance to be an ordinance of the city and cause it to be entered in the code of ordinances of the city. An ordinance once adopted by a referendum election as in this section provided for cannot be repealed or amended except by a like procedure and election. The provisions of sections 22 and 23 of this Act shall not apply to ordinances proposed under the provisions of section 24 and sections 33 to 45, inclusive, of this Act. Section 15 . That Section 25 of the Act approved August 20, 1927 (Ga. L. 1927, p. 981), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3939) be, and the same is hereby amended to read as follows: Section 25. The municipal court of the city shall hereafter be known and designated as the Municipal Court of the City of Cornelia and shall have jurisdiction over and authority to try offenses against the laws and ordinances of the city and such other offenses as are by general law made subject to the jurisdiction of municipal courts, and to punish for violations of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law: to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceedings before said court to go or move beyond the reach of the processes of the court, and to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of, and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by a judge, who shall be designated as the Recorder.
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In case of disqualification, illness, absence from the city or vacancy in office of the Recorder, a recorder pro tempore duly appointed by resolution of the city commission may act as Recorder and hold and preside over such municipal court, and while presiding in such court shall perform all the duties of, and have all the power, authority and jurisdiction of the Recorder while acting as such. The secretary of the commission shall be an ex officio clerk of said municipal court, and as such officer shall perform all the duties and have all the authority heretofore possessed by the clerk of the city. Before entering on the duties of his or her office, each Recorder and recorder pro tempore shall take an oath that he or she will honestly and faithfully discharge the duties of his or her office as Judge of the Municipal Court of the City of Cornelia to the best of his or her ability without fear, favor, or partiality, which oath shall be entered upon the minutes of the City Commission. Section 16 . That Section 25B of the Act approved August 20, 1927 (Ga. L. 1927, p. 981) added by an Act approved March 31, 1976 (Ga. L. 1976, p. 3939) be, and the same is hereby amended to read as follows: Section 25B. The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law, and may fix punishment for offenses within its jurisdiction not exceeding a fine of one thousand dollars ($1,000.00) or imprisonment for one hundred eighty (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. Upon failure or refusal to pay fines imposed for such violations, a person may be sentenced to work at hard labor on the streets, sidewalks, or other property of the city for any length of time not to exceed thirty (30) days. The municipal court shall have authority to punish for contempt of court by a fine not exceeding two hundred dollars ($200.00) or by imprisonment not to exceed twenty (20) days.
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The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to the State Court of Habersham County or the Superior Court of Habersham County for violations of state law. The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. In the event 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. 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. The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served and executed by an officer as authorized by this charter or by law. 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 the state laws committed within the city. The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this
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city granted by law to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. With the approval of the City Commission, the Recorder 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. The rules and regulations made or adopted shall be filed with the secretary of the commission and shall be available for public inspection. Section 17 . That Section 25C of the Act approved August 20, 1927 (Ga. L. 1927, p. 981) added by an Act approved March 31, 1976 (Ga. L. 1976, p. 3939) be, and the same is hereby amended by striking said Section 25C in its entirety and substituting, in lieu thereof, a new Section 25C to read as follows: Section 25C. The right of certiorari from the decision and judgment of the municipal court shall exist in all cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Habersham County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 18 . That Section 25D of the Act approved August 20, 1927 (Ga. L. 1927, p. 981) added by an Act approved March 31, 1976 (Ga. L. 1976, p. 3939) be, and the same is hereby amended to read as follows: Section 25D. Any person arrested for an offense against an ordinance or law of the city, or for such other offense as is by general law made subject to the jurisdiction of the municipal court, may give bond with good security, conditioned for the appearance of such person at the municipal court to answer to the offense with which the person so arrested is charged. Such bond shall be in such amount not exceeding one thousand dollars ($1,000.00) as may be fixed by the arresting officer, and shall be made payable to the Mayor of the City of Cornelia and his successors in office. When any person who has given bail for his appearance shall fail to personally appear at the municipal court at the time fixed for his appearance
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to answer the offense with which he is charged, the Recorder shall forfeit his bond and issue scire facias returnable before him not less than ten (10) days nor more than thirty-one (31) days after the date of its issuance, which said scire facias shall be directed to and served by the Chief of Police or other police officer of the city upon the defendant and his sureties not less than two (2) days before the return date. Upon the return of said scire facias, the Recorder shall be empowered to enter up judgment upon such bond against the defendant and sureties, or such of them as have been served, if the defendant is not produced at or before the time fixed for the return of said scire facias and no sufficient cause is shown why said bond should not be forfeited. The secretary of the commission shall issue an execution upon such judgment which shall be enforced as other executions in favor of the city. Section 19 . That Section 28 of the Act approved August 20, 1927 (Ga. L. 1927, p. 981) be, and the same is hereby amended to read as follows: Sec. 28. All sales of real estate, title to which is or shall hereafter be vested in the city, shall be at public sale of which notice is published in a newspaper of general circulation in the city once a week for two weeks immediately preceding the day of sale, or by sealed written bid after bids have been invited for such real estate by notice published in a newspaper of general circulation in the city once a week for two weeks immediately preceding the time fixed for the opening of such bids. Section 20 . That Section 29 of the Act approved August 20, 1927 (Ga. L. 1927, p. 981) be, and the same is hereby amended to read as follows: Sec. 29. All persons owning property within the corporate limits of the City of Cornelia shall be subject to pay an ad valorem tax to said city thereon, and the lien for said tax shall attach as of the first day of January in each year. In determining the fair market value of taxable real estate and personal property within the corporate limits of the city for the purposes of ad valorem property taxation, the city shall
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use the fair market value finally determined for the property for county ad valorem property taxation purposes. A Board of Tax Assessors for the city shall be appointed annually by the city manager with the approval of the City Commission to investigate diligently and inquire into the property owned in the city for the purpose of ascertaining what real and personal property is subject to taxation in the city; to continuously assure the assessment of all property, both realty and personalty, for city ad valorem tax purposes, which is found to have been omitted from the Habersham County Tax Digest or is brought into the city by annexation; to provide the county tax assessors with information concerning all property not appearing on the Habersham County Tax Digest which is found to be subject to city ad valorem taxes; to work with the secretary of the commission in preparing the permanent tax digest for the city of Cornelia for the year in which they have been appointed to serve; and to perform such other duties as may be assigned to them. The members of said Board of Tax Assessors shall be adult residents of the City of Cornelia who are freeholders and qualified to vote. Upon receipt of a copy of the Habersham County Tax Digest in each year the city tax digest for such year shall be prepared without delay, and bills for ad valorem taxes for such year shall be mailed to the taxpayers as soon thereafter as they can be calculated and prepared for mailing. All ad valorem taxes shall become due and payable thirty (30) days after the date of mailing of the bills therefor. On the sixty-first day after the mailing of the tax bills the books for the collection of taxes shall be closed, and on the following day tax executions for all unpaid taxes shall issue. When tax executions shall have been issued, it shall be the duty of the city manager to see that said executions are promptly collected, the provisions herein respecting the collection of same being mandatory, and a failure to properly perform the duties devolving on any city officer with reference to the collection of said taxes shall be grounds for immediate dismissal of the officer or officers who fail to perform their duties in this regard. Said unpaid tax for which executions are issued shall bear interest at the rate of one per cent (1%) per month
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from the date the tax is due until the date the tax is paid, and in addition thereto, the cost for issuing, levying and settling such executions shall be the same as allowed the tax collectors, constables and sheriffs of this State for like services; such costs, however, to be paid into the treasury of the City of Cornelia. For the purpose of calculating the amount of interest owed on unpaid tax, any period of less than one month shall be considered to be one month. Section 21 . That Section 33 of the Act approved August 20, 1927 (Ga. L. 1927, p. 981) be, and the same is hereby amended to read as follows: Sec. 33. Whenever the commission shall deem it necessary to grade, pave, macadamize, drain, or otherwise improve any street, avenue, alley, lane, or any part of them, and to pay for such work or improvements by assessing and charting the lots, pieces and parcels of land fronting and abutting upon both sides of such improvements with a pro rata part of the entire cost thereof as hereinafter provided, the commission shall by ordinance declare such work or improvement necessary. Unless between the time of the first posting of the ordinance and the time when it can be finally adopted, more than one-half the owners in area of the land liable to assessment to pay for such improvement shall file with the secretary of the commission their protest in writing against such improvement, then the commission shall have the power to pass and adopt the proposed ordinance, and to levy assessments as herein provided for. Any number of streets, avenues, lanes, or alleys, or parts thereof to be so improved, may be included in one ordinance, but any protest or objection shall be made as to each street or highway separately; provided, however, that if the owners of more than one-half in area of the land liable for any such improvement shall petition the commission for such improvement of any street or highway or part thereof, describing in such petition the character of the improvement desired, the width of the same, and the materials preferred by the petitioners for such improvement, then the commission may cause such improvement to be made in accordance with the prayers of the petition, without the adoption of any ordinance; provided that the commission shall finally have the right to determine the kind of
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material to be used for such improvement, and the width thereof. Section 22 . That Section 13 of the Act approved August 7, 1905 (Ga. L. 1905, p. 768) be, and the same is hereby amended to read as follows: Sec. 13. Should any person, firm or corporation fail or refuse to pay any debt, tax, license, fine or other indebtedness owed by such person, firm or corporation to the City of Cornelia, the secretary of the commission shall issue and sign an execution against such person, firm or corporation for the amount owed to the city. Said execution shall bind all the property that said defaulting debtor, taxpayer, or other person owned in the city on the first day of the year for which the taxes are owed, if a tax execution, and from the date of the issuing of the execution if for any other claim or debt. Said execution shall be directed to and enforced by the Chief of Police of the city, who shall, after levying the same upon the property of the defendant in fi. fa. and giving such notice of the levy as required by law, proceed to sell the property after advertising the sale once a week for four (4) weeks in the newspaper in which the Sheriff's legal advertisements are published for Habersham County. All such sales shall be made by the Chief of Police at public outcry before the door of the city hall or the municipal building, as advertised, between the hours of 10:00 A.M. and 4:00 P.M. eastern standard time or eastern daylight time, whichever is applicable on the date fixed for the sale, on the first Tuesday in the month in which the sale is made. When real estate is sold the Chief of Police shall make to the purchaser a deed which shall be as effectual in the passing of the title as Sheriff's sales made under execution, and it shall be the duty of the Chief of Police, upon application of the purchaser, his agent or attorney, to put said purchaser, agent or his attorney in peaceable, quiet possession of the real estate sold; provided said Chief of Police shall not be authorized to turn any person out of possession other than the defendant in fi. fa., his heirs, tenants, or assignees since the lien of the fi. fa. attached. The Chief of Police shall be entitled to the same fees as are allowed by law to the constables of this State for similar services.
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Section 23 . That Section 48 of the Act approved August 20, 1927 (Ga. L. 1927, p. 981) be, and the same is hereby amended by striking said Section in its entirety and substituting, in lieu thereof, a new Section 48 to read as follows: Sec. 48. The following shall constitute the various departments of the city government referred to in Section 18 hereof, and the titles of the heads thereof; Police Department, the head of which shall be designated Chief. Fire Department, the head of which shall be designated Chief. Department of Law, the head of which shall be designated City Attorney. Public Services (including care of streets, drains, bridges, sewerage collection system, water mains and lines, public buildings, and personal property of the city not belonging to any other department), the head of which shall be designated Superintendent of Public Services. City Planning Department, the head of which shall be designated City Planner and also Building Inspector. The City Commissioner may from time to time create other departments and may define the duties pertaining to each department. In removing department heads as provided in Section 17 hereof, the following procedures shall be followed: (1) The City Manager shall deliver to the City Commission and the department head involved written notice of such action and the reasons therefor, and may suspend such department head from duty for a period not to exceed 45 days. (2) Within five (5) days after a copy of the notice is delivered to the department head, he may file with the City Commission a written request for a public hearing by delivering such request to the secretary of the commission. This hearing shall be held within 20 days after the request is filed. The department head may file with the City Commission a written reply to the aforesaid notice not later than five (5) days before the hearing. (3) If the department head has not requested a public hearing within the time specified in paragraph (2) above, the dismissal shall become immediately effective
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at the end of such five (5) day period. If the department head cannot be located in the city, or at his personal residence if outside the city, in order to be able to deliver a copy of the aforesaid notice to him within a period of 14 days from and after the time a copy of said notice is filed in the office of the secretary of the commission, dismissal of the department head shall become immediately effective at the end of such 14 day period. If requested by the department head within the time specified in paragraph (2) above, the City Commission shall conduct a public hearing after which it may override the City Manager's action by an affirmative vote of a majority of all its members. Should the City Commission fail to override the City Manager's action, the dismissal of the department head shall become final. The department head involved shall continue to receive his salary until the City Commission makes a determination as to whether or not it will override the City Manager's action as aforesaid. Section 24 . That Section 49 of the Act approved August 20, 1927 (Ga. L. 1927, p. 981) be, and the same is hereby amended to read as follows: Sec. 49. Salaries of the secretary of the commission, Recorder, and all salaried department heads shall be fixed by the City Commission on recommendation of the City Manager. Section 25 . That Section II of an Act approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. 663), Section 17 of an Act approved August 7, 1905 (Ga. L. 1905, p. 768), and Sections 8, 9, 11, 12, 18, 23, 26, 47 and 50 of an Act approved August 20, 1927 (Ga. L. 1927, p. 981) be, and the same are hereby repealed in their entirety. Section 26. Severability and Validity . The City Commission of City of Cornelia hereby declares that should any section, subsection, paragraph, subparagraph, sentence, clause, or word of this ordinance be adjudged for any reason to be invalid or unconstitutional, it is the intent of the City Commission of
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City of Cornelia that it would have passed all other portions of this ordinance independent of the elimination of any such portion as may be adjudged invalid or unconstitutional, and such adjudication shall not affect the validity of this ordinance other than the part so declared to be invalid or unconstitutional. Section 27 . All Charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Section 28 . This Ordinance shall become effective immediately upon its adoption. CITY OF CORNELIA, HABERSHAM COUNTY, GEORGIA. I, the undersigned, do hereby certify that I am Secretary of the City Commission of the City of Cornelia, Georgia; that as Secretary of the City Commission of the City of Cornelia, I have custody of the city records and keep the minutes of the meetings of the City Commission; that the foregoing is a true copy of an ordinance amending the Charter of the City of Cornelia which was duly adopted at two regular consecutive meetings of the City Commission of the City of Cornelia duly held on February 4, 1991, and March 4, 1991; that the notice required by O.C.G.A. Section 36-35-3(b)(1) was duly published as thereby required; and that copies of the proposed amendment were filed in my office and in the office of the Clerk of Superior Court of Habersham County, Georgia, the county of the legal situs of the City of Cornelia, and thereafter kept on file in said offices for the purpose of examination and inspection by the public, all as provided by law. This 7th day of March, 1991. /s/ R. L. Maxwell, Jr. Secretary of the City Commission of the City of Cornelia, Georgia (SEAL)
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GEORGIA, HABERSHAM COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John D. Solesbee, who, on oath, deposes and says that he is Publisher of the Northeast Georgian, and that the Notice of Intent to Amend the Charter of the City of Cornelia, a true copy of which is hereto attached, was published in the Northeast Georgian which is the official organ of Habersham County, Georgia, the legal situs of the City of Cornelia, and of general circulation in said municipality, on February 12, February 19, and February 26, 1991, as provided by law. /s/ John D. Solesbee Publisher Northeast Georgian Sworn to and subscribed before me, this 7th day of March, 1991. /s/ Joyce W. Wood Notary Public My commission expires: 9-14-92 NOTICE OF INTENT TO AMEND THE CHARTER OF THE CITY OF CORNELIA The City Commission of the City of Cornelia intends to amend the Charter of the City of Cornelia by Ordinance pursuant to the Municipal Home Rule Act of 1965, as amended (O.C.G.A. Section 36-35-1, et seq.), so as to provide for inquiries and investigations by the City Commission and clarifying the manner in which the City Commission and its members may deal with city officers and employees who are subject to the direction and supervision of the City Manager; to provide for semiannual statements of the financial condition of the City and the content and publication thereof, eliminating the requirement of preparing and publishing quarterly statements; to provide guidelines for city officials and employees to prevent conflicts between their interests and the interests of the city; to require any elected official, appointed officer or employee to make disclosure of any private interest in any matter pending before the
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City Commission or before or within any department of the City, and disqualification of any person where there is a conflict of interest; to prohibit the use of property owned by the City by any elected official, appointed officer or employee except in accordance with established policies; to provide that a contract or sale may be viodable at the option of the City Commission when provisions of the Charter dealing with conflict of interest and disclosure are knowingly violated; to provide that neither the Mayor nor any other commissioner may hold any other elected or compensated appointive office within the City, or otherwise be employed by the City or any agency thereof during the term for which he is elected, except when authorized by law; to provide that no former member of the City Commission may hold any salaried appointive office in the City until two years after the expiration of the term for which he was elected; to eliminate the right to enforce compulsory vaccinations upon all persons who reside in the City; to provide that nominating petitions shall be filed in the office of the Superintendent of Elections and deleting provisions pertaining to the content of nominating petitions; to provide that the City Commission shall call a special election within ten days after a vacancy has occurred in an elective office of the City, the period of time during which such election shall be held, and for the publication of notice of the special election once a week for two weeks, eliminating the requirement that such notice be posted in three public places in the City; to delete the requirement that the registrars consider certain records in preparing and revising lists of registered voters, and the requirement that the lists of registered voters contain the occupation, color and residence of each voter; to delete provisions pertaining to the appointment, oath, duties and conduct of registrars and to elections which are now covered by the laws of this state; to provide that the Secretary of the Commission shall be appointed to serve for a term extending from his appointment at the regular meeting of the City Commission in January until its regular meeting held in January of the following year, rather than at the pleasure of the City Commission, eliminating the provision that the Secretary of the Commission may be discharged at any time with or without cause, and providing procedures for his removal from office; to provide that the Secretary of the Commission shall receive such salary as fixed by the City Commission on recommendation of the City Manager; to provide for the appointment of an Assistant Secretary of the Commission;
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to provide for the appointment of a City Attorney who shall serve at the pleasure of the City Commission and may be discharged by the City Commission at any time with or without cause, said City Attorney to function as the City's legal department and be the head thereof; to establish qualifications for the City Attorney and specify his duties and obligations; to provide for the employment of another attorney to represent the City in any matter in which the City Attorney has disqualified himself, and authorizing the City Attorney to associate other attorneys with him in representing the City after having obtained the written approval of the City Manager; to provide that the City Manager shall be appointed to serve for a term extending from his appointment at the regular meeting of the City Commission in January until its regular meeting held in January of the following year, eliminating the provision that he is subject to removal from office at any time by a vote of a majority of the commission, and providing for procedures for his removal from office; to provide that the City Manager shall receive a salary fixed at his appointment, but which may be changed at any time by the City Commission; to set forth authorities, duties and responsibilities of the City Manager, with his operational authorities and responsibilities to be contained in a position description approved by the City Commission; to give the City Manager the right to attend all the meetings of the City Commission and discuss with the City Commission all matters coming before them, with the exceptions set forth; to provide for the appointment of another person to temporarily serve as City Manager or to perform a specified part of the duties of the City Manager during suspension, absence or disability of the City Manager, and for the fixing of the compensation of the person so appointed; to provide for the time and place of meeting of the City Commission and that all such meetings shall be held in compliance with the laws of this state; to provide that every proposed ordinance shall be introduced in writing in the form required for final adoption, subject to such changes as may be made and voted on by the City Commission prior to or at the time of its adoption, and changing the place of posting of ordinances to an area in City Hall open to the public during the hours the office of the Secretary of the City Commission is open; to change the place of posting ordinances sought to be adopted by referendum; to change the name of the municipal court to Municipal Court of the City of Cornelia and clarify the jurisdiction of such court; to provide
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for appointment of a Recorder Pro Tempore to have all the power, authority and jurisdiction of the Recorder while acting as such; to provide for an oath to be taken by the Recorder and Recorder Pro Tempore; to delete the requirement that at least one session of the municipal court shall be held each week; to provide that the municipal court shall have authority to establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the costs of meals, transportation and caretaking of prisoners bound over to the State Court or Superior Court of Habersham County; to provide authority for the municipal court to establish bail and recognizances, and procedure for the forfeiture thereof, with enforcement by judgment and execution; to provide the municipal court with authority to compel the production of evidence, to enforce obedience to its orders, judgments and sentences, and to administer oaths; to grant the Judge of the Municipal Court authority to issue warrants and, with the approval of the City Commission, to make reasonable rules and regulations to secure the efficient and successful administration of the municipal court; to eliminate appeals from judgments of the municipal court to the City Commission and provide for the right of certiorari from the decision and judgment of the municipal court in all cases; to change the requirements for publications of sales of real estate and deleting references to bids as they relate to the assessed value of the property; to change provisions of the Charter pertaining to the assessment of real estate and personal property for tax purposes and the interest rate which executions for unpaid taxes shall bear; to eliminate the necessity of an ordinance declaring work on or improvement of streets necessary unless such work or improvements are to be paid for by assessing the land fronting and abutting upon both sides of the improvement; to require that all sales of property levied upon to satisfy executions issued for taxes and other indebtedness owed to the city be published once a week for four weeks and to be held before the door of the City Hall or Municipal Building, as advertised, between the hours of 10:00 A.M. and 4:00 P.M. on the first Tuesday in the month in which the sale is made, and to provide for the giving of notice of such levies as is required by law; to eliminate the Department of Public Health, the Department of Public Works, the Department of Public Finances, and the Department of Public Records, and to establish the Department of Public Services and the City Planning Department; to provide for procedures for the removal
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of department heads; to provide that the salaries of the Secretary of the Commission, Recorder and all salaried department heads shall be fixed by the City Commission on recommendation of the City Manager; and to repeal Section II of an Act approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. 663), Section 17 of an Act approved August 7, 1905 (Ga. L. 1905, p. 768), and Sections 8, 9, 11, 12, 18, 23, 26, 47 and 50 of an Act approved August 20, 1927 (Ga. L. 1927, p. 981) in their entirety. A copy of the proposed Ordinance setting forth the proposed amendments is on file in the office of the Secretary of the City Commission of the City of Cornelia and in the office of the Clerk of the Superior Court of Habersham County, Georgia, for the purpose of examination and inspection by the public. R. L. Maxwell, Jr. Secretary of the City Commission of the City of Cornelia, Georgia Filed in the Office of the Secretary of State March 8, 1991. CITY OF ATLANTAPURCHASES; COMPETITIVE BIDDING. AN ORDINANCE TO AMEND THE BILL OF RIGHTS AND 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 AMEND PARAGRAPH 4 OF THE BILL OF RIGHTS AND TO AMEND THE RULES GOVERNING THE PURCHASING AND CONTRACT PROCEDURES UNDER SECTIONS 6-401 AND 6-402 OF THE CITY CHARTER, TO DEFINE THE TERMS COMPETITIVE BIDDING, LOWEST RESPONSIBLE AND RESPONSIVE BIDDING; AND FOR OTHER PURPOSES. CLERK OF COUNCIL ATLANTA, GEORGIA
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IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA as follows: SECTION 1. Paragraph 4 of the Bill of Rights of the City of Atlanta is hereby amended by inserting after the first sentence the following: Nothing Herein shall prevent the City of Atlanta from remedying present discrimination or the present effects of past discrimination by a race conscious affirmative action program which is in compliance with the Constitution and laws of the United States of America and the State of Georgia. SECTION 2. 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 inserting after the first sentence of Section 6-401 the following: The governing body is authorized to remedy present discrimination or the present effects of past discrimination by an Affirmative Action Program which is in compliance with the Constitution and laws of the United States of America and the State of Georgia. SECTION 3. 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 6-402 and inserting in lieu thereof a new Section 6-402 which shall read as follows: (a) The governing body shall prescribe by ordinance and/or resolution the procedures for all purchases of real and personal property by the city. Competitive bidding shall be required for purchases and contracts under the rules of the governing body and award shall be made to the lowest responsible and responsive bidder who complies with the requirements of any existing minority and female business opportunity development plans as established by city ordinance. The terms competitive bidding and lowest responsible and responsive bidder shall be defined to include compliance with the requirements of any minority and female business participation plan which has been implemented by City Ordinance pursuant to:
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(1) A finding by the City of Atlanta that such a plan is necessary to remedy the effects of prior private and public discrimination in the procurement and contracting practices of the City of Atlanta; or (2) A requirement by federal law that the City of Atlanta maintain such a plan for purposes of receiving any federal grants or loans. (3) A finding by a judicial tribunal that such a plan is necessary to remedy past or present private and public discrimination in the procurement and contracting procedures of the City of Atlanta; (b) In determining the lowest responsible and responsive bidder, in addition to price, the purchasing and contracting authority shall also consider the following factors: (1) The ability, capacity and skill of the bidder to perform the contract or to provide the services required; (2) The capability of the bidder to perform the contract or provide the service promptly, or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgment, experience and efficiency of the bidder. (4) The quality of performance of previous contracts or services; (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services; (6) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; (7) The compliance of the bidder with the requirements of an equal employment opportunity in contracting program as may be prescribed by ordinance;
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(8) The compliance of the bidder with the requirements of a minority and female business enterprise participation program as may be prescribed by ordinance; (9) The quality, availability and adaptability of the supplies or services to the particular use required; and (10) The number and scope of conditions attached to the bid by the bidder, if any. (c) Any and all bids may be rejected when it is in the best interest of the city to do so; provided, the governing body by ordinance may authorize the purchase of goods, materials, supplies, equipment and services without the receipt of formal sealed bids where the price does not exceed a specified dollar amount as defined therein; provided further, and notwithstanding the foregoing, that the governing body shall prescribe by ordinance the procedures for amending, modifying, and otherwise changing contracts and for authorizations for the purchase of goods, materials, supplies, equipment, and services. Prior to the making of purchases and contracts, or amendments, modifications or changes thereto, the availability of adequate funds shall be certified by the chief financial officer as provided by ordinance. (Ga. L. 1973, pp. 2188, 2247, as amended by Ord. of 6/7/76; Ord. No. 1984-66, Sec. 1, 12/5/84; Ord. No. 1990-05, Sec. 15, 3/26/90) (d) The governing body may prescribe different procedures for sales and other disposition of real and personal property acquired by the city pursuant to any approved application or amended application under Title I of the Housing and Community Development Act of 1974 (Public Law 93-383). (Ga. L. 1973, pp. 2188, 2248, as amended by Ga. L. 1976, p. 4538, Sec. 1) (e) The governing body may authorize different procedures for all purchases of real and personal property in connection with its joint venture with Fulton County for the construction and operation of a water treatment plant and appurtenances, provided that funds for each such purchase have been appropriated by the city and Fulton County. (Ord. No. 1985-18, Sec. 2, 4/3/85)
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SECTION 4. That a copy of the proposed amendment to the Charter of the City of Atlanta, Georgia (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 County, Georgia and DeKalb County, Georgia and that Notice of Proposed Amendment to the Charter of the City of Atlanta, Georgia, 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, Georgia 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, Georgia. SECTION 5. All ordinances and charter provisions in conflict herewith are hereby repealed. A true copy, /s/ Olivia Parks Municipal Clerk, C.M.C. ADOPTED BY City Council November 19, 1990 APPROVED by the Mayor November 27, 1990 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA,-County of Fulton. Before me, the undersigned, a Notary Public, this day personally came DAWN T. STUART, who, being duly sworn, according to law, says that SHE is the AGENT of the Daily Report Company , publishers of the Fulton County Daily Report , official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 1ST, 8TH, 15TH day(s) of NOVEMBER, 1990, and on the days of, 19, as provided by law. /s/ Dawn T. Stuart Subscribed and sworn to before me this 16 day of NOVEMBER, 1990.
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/s/ Cassandra Jean Harkness Notary Public, Fulton County, Georgia My Commission Expires April 12, 1993 NOTICE 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 (Georgia Laws 1973, p. 2188 et seq., approved March 16, 1973), as amended, so as to amend paragraph 4 of the Bill of Rights, and to amend the rules governing the purchasing and contract procedures under sections 6-401 and 6-402 of the City Charter, to define the terms Competitive Bidding, Lowest Responsible and Responsive Bidding; 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, Georgia and in the offices of the Clerk of the Superior Courts of Fulton and Dekalb Counties, Georgia for the purposes of examination and inspection by the public. Thisday of October, 1990. Nov 1 8 15 1990 Req. 2 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 City of Atlanta Charter Amendment, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 1, 8, 15th day of November 1990.
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/s/ Gerald W. Crane, Co-Publisher (by) /s/ Linda L. Orr, Agent Acknowledgement of the publisher must be made before a notary public or other official authorized to administer oaths . Sworn to and subscribed before me this 15th day of November 1990 /s/ Samme Johnson Notary Public, Gwinnett County, Georgia My commission expires January 1, 1994 (SEAL) 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 (Georgia Laws 1973, p. 2188 et seq., approved March 16, 1973), as amended, so as to amend paragraph 4 of the Bill of Rights, and to amend the rules governing the purchasing and contract procedures under sections 6-401 and 6-402 of the City Charter, to define the terms Competitive Bidding, Lowest Responsible and Responsive Bidding; 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, Georgia and in the offices of the Clerk of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purposes of examination and inspection by the public. Thisday of October, 1990. Clerk of Council
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AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF FULTON Personally appeared before me, the undersigned Notary Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution on November 1, 1990, November 8, 1990 and November 15, 1990. /s/ Bernadette Berry-McCoy Bernadette Berry-McCoy Notary Public, Fulton County, Georgia My Commission Expires Dec. 27, 1992 Sworn to and subscribed before me, This 4th day of April, 1991 EXHIBIT A: NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA Notice is hereby given than an ordinance has been introduced to amend the Charter of the City of Atlanta, Georgia (Georgia Laws 1973, p. 2188 ET SEQ., approved March 16, 1973), as amended, so as to amend paragraph 4 of the Bill of Rights, and to amend the rules governing the purchasing and contract procedures under sections 6-401 and 6-402 of the City Charter, to define the terms Competitive Bidding, Lowest Responsible and Responsive Bidding; 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,
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Georgia and in the offices of the Clerk of the Superior Courts of Fulton and Dekalb Counties, Georgia for the purposes of examination and inspection by the public. This 18th day of October, 1990. O.D. PARKS, DEPUTY CLERK OF COUNCIL Filed in the Office of the Secretary of State April 10, 1991. CITY OF FORSYTHMUNICIPAL COURT; JUDGE; POWERS; PENALTIES. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF FORSYTH TO AMEND THE CHARTER FOR THE CITY OF FORSYTH (APPROVED MARCH 23, 1977, GA. L. 1977, PAGE 3980, AS AMENDED) SO AS TO CHANGE PROVISIONS RELATIVE TO THE QUALIFICATIONS AND APPOINTMENT OF THE JUDGE OF THE RECORDER'S COURT; TO PROVIDE FOR THE POWERS OF SAID COURT; TO PROVIDE PENALTIES FOR VIOLATIONS OF THE CHARTER; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES RELATED THERETO. WHEREAS, The Mayor and Council of the City of Forsyth desire to make certain changes, as an incident of home rule power, to the Charter of the City of Forsyth, with regard to the Recorder's Court, and for other related purposes; NOW, THEREFORE, The Mayor and Council of the City of Forsyth do hereby ordain as follows: Section 1. The Charter of the City of Forsyth (as provided in an Act approved March 23, 1977, Ga.L. 1977, Page 3980, et seq, as amended) is amended by striking in its entirety subsection (a) of Section 4.102 and inserting in its place a new subsection (a) to read as follows:
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(a) The judge of the recorder's court shall be appointed by and shall serve at the pleasure of the city council. No person shall be so appointed unless he is a resident of the judicial circuit in which the city is located for at least two years immediately preceding his initial appointment as judge of the recorder's court and shall be a member in good standing of the State Bar of Georgia and actively engaged in the practice of law for at least three years preceding his initial appointment and shall maintain such residence and membership in good standing of the State Bar during all times in service as judge of the recorder's court or be a duly elected probate judge of Monroe County or a duly elected magistrate of Monroe County. The judge of the recorder's court shall be appointed annually by action of city council and shall serve for a term of office of one year and until his successor is appointed and qualified. The term of office of the judge of the recorder's court shall expire on the first Tuesday in January of each year. The judge of the recorder's court shall be be eligible for reappointment. The compensation of the recorder shall be fixed by action of city council, and if the judge of the recorder's court is either a magistrate or probate judge as provided in this subsection, then the city shall have full power and authority to contract with said probate judge or magistrate for such services as judge of the city recorder's court. Section 2. Said Charter of the City of Forsyth is further amended by striking Section 4.103 in its entirety and inserting in its place a new Section 4.103 to read as follows: Section 4.103. Powers. (a) The recorder's court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The recorder's court shall have 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 recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both such fine and imprisonment
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or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The recorder's court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The recorder's court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance or 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 recorder's court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The recorder's court 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) The judge of the recorder's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by an officer as authorized by this charter or by law. (i) The judge of the recorder's court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the recorder's court shall have the same authority as a magistrate
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of the state to issue warrants for offenses against state laws committed within the city. (j) The recorder's court is specifically vested with all the jurisdiction and powers throughout the geographic area of the City of Forsyth granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 3. Said Charter is further amended by striking Section 8.102 in its entirety and inserting in its place a new Section 8.102 to read as follows: Section 8.102. Penalties. The violation of any provision of this charter for which a penalty is not specifically provided is declared to be a misdemeanor and punishable by a fine of not more than $500.00 or imprisonment not to exceed 90 days, or both such fine and imprisonment. Section 4. A copy of this proposed amendment to the Charter of the City of Forsyth (as originally approved by Ga. L. 1977, Page 3980, et seq, as amended) shall be filed in the Office of the Clerk of the City of Forsyth, and in the Office of the Clerk of the Superior Court of Monroe County, Georgia, and notice of proposed amendment to the Charter of the City of Forsyth shall be published once a week for at least three weeks in the Monroe County Reporter newspaper, a newspaper of general circulation in the City of Forsyth and the official organ of Monroe County, and a copy of said advertisement is attached hereto and incorporated herein by reference. Upon final adoption, this ordinance amending the Charter of the City of Forsyth shall be filed with the Secretary of State of Georgia pursuant to the provisions of O.C.G.A. 36-35-5, and filed with the Clerk of the Superior Court of Monroe County, Georgia. Section 5. All charter provisions, ordinances or other laws of the City of Forsyth, or parts thereof, in conflict herewith are hereby repealed. Section 6. This ordinance shall become effective on July 1, 1991.
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APPROVED AND ADOPTED by the Mayor and Council of the City of Forsyth, Georgia, in regular and open session meeting on the 7th day of May, 1991, having been first presented to the Council in regular and open session meeting on the 16th day of April, 1991, and having been advertised in the Monroe County Reporter newspaper in the issues of April 17, 1991, and April 24, 1991, and May 1, 1991. /s/ Ralph Ogletree MAYOR, CITY OF FORSYTH (PRO TEM) The above and foregoing is a true copy of an ordinance of the City of Forsyth adopted on the 7th day of May, 1991, as the same exist in the public records of the City of Forsyth. This 7th day of May, 1991. /s/ Mary Jo Hill CLERK, CITY OF FORSYTH (SEAL) PUBLISHERS' CERTIFICATE GEORGIA, MONROE COUNTY. Personally appeared the undersigned duly authorized representative of the Monroe County Reporter newspaper before the undersigned attesting authority, a notary public for Monroe County, Georgia, who, being duly sworn, states on oath that attached hereto is a true copy of a notice of an ordinance proposing to amend the Charter of the City of Forsyth, which advertisement was published in the Monroe County Reporter newspaper in its issues of April 17, 1991, April 24, 1991, and May 1, 1991. /s/ H. Jackson Daniel Duly Authorized Representative of the Monroe County Reporter newspaper
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Sworn to and subscribed before me this 8th day of May, 1991: /s/ C. Robert Melton Notary Public Comm. Expires: 5-17-94 NOTICE OF PROPOSED ORDINANCE TO AMEND THE CHARTER OF THE CITY OF FORSYTH Notice is given that the Mayor and Council of the City of Forsyth will consider an ordinance to amend the Charter of the City of Forsyth (as adopted by Georgia Laws 1977, Page 3980, et seq, as amended) so as to change provisions relative to the qualifications and appointment of the judge of the recorder's court; to provide for the powers of said court; to provide penalties for violations of the Charter; to repeal conflicting laws; and for other purposes related thereto; and such ordinance shall be considered at the regular sessions of the Mayor and Council of the City of Forsyth, at 7:00 P.M. at City Hall, on the 16th day of April, 1991, and the 7th day of May, 1991. A copy of the ordinance proposing an amendment to the City Charter is on file in the Office of the Clerk of the City of Forsyth at City Hall, and in the Office of the Clerk of the Superior Court of Monroe County, Georgia, and may be examined and inspected by the public at such places. This 2nd day of April, 1991. MAYOR AND COUNCIL OF THE CITY OF FORSYTH Filed in the Office of the Secretary of State May 13, 1991.
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CITY OF CLEVELANDMUNICIPAL COURT; PENALTIES. AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF CLEVELAND SO AS TO PROVIDE FOR A MAXIMUM FINE FOR VIOLATIONS OF PROVISIONS OF THE CHARTER AND ORDINANCES OF THE CITY OF CLEVELAND An Ordinance to amend an Act creating a new Charter for the City of Cleveland approved February 25, 1949 (Ga. L. 1949, pg. 1024), as amended by an Act approved March 6, 1968 (Ga. L. 1968, pg. 2141), so as to provide for a maximum fine to be levied for violation of the provisions of the Charter and the Ordinances of the City of Cleveland; to provide for matters relevant to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the Mayor and Council of the City of Cleveland, Georgia, and it is hereby ordained by authority thereof: Section 1. Maximum Fine . A maximum fine of $1,000 may be levied for each violation of a provision of the Charter and the Ordinances of the City of Cleveland. Section 2. Effective Date . This ordinance shall become effective on the date of its adoption. Section 3. Severability . In the event any portion of this ordinance shall be declared or adjudged valid or unconstitutional, it is the intention of the City Council of the City of Cleveland that such adjudication shall in no manner affect the other sections, sentences, clauses or phrases of this ordinance which shall remain in full force and effect, as if the invalid or unconstitutional section,
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sentence, clause or phrase were not originally a part of the ordinance. Section 4. Repealer . All ordinance and parts of ordinances in conflict with this ordinance are hereby repealed. ORDAINED this 13TH day of MAY, 1991, by the Mayor and Council of the City of Cleveland. ATTEST: /s/ Ann Kennedy City Clerk /s/ Donald Stanley Donald Stanley, Mayor /s/ Coleman Allen Coleman Allen, Member /s/ John Palmour John Palmour, Member /s/ Ed Head Ed Head, Member /s/ Edward Young Edward Young, Member CERTIFICATE GEORGIA, WHITE COUNTY I, ANN KENNEDY , certify the following facts: That I am the City Clerk of the City of Cleveland; That the attached writing is a true and correct copy of the original of an Ordinance Amending the Charter of the City of Cleveland so as to Provide for a Maximum Fine for Violations of Provisions of the Charter and Ordinances of the City of Cleveland, which Ordinance was duly adopted by the Mayor and Council of the City of Cleveland at its regularly scheduled meeting
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on the 13th day of May, 1991, the original of which Ordinance is on file in the City Hall, Cleveland, Georgia; I further certify that said Ordinance is valid and has not been altered, amended or revoked. IN WITNESS WHEREOF, I hereby affix my hand and the corporate seal of the City of Cleveland, this 31ST day of May, 1991. /s/ Ann Kennedy Ann Kennedy, City Clerk (CORPORATE SEAL) CERTIFICATE GEORGIA, WHITE COUNTY I, ANN KENNEDY , certify the following facts: That I am the City Clerk of the City of Cleveland; That the attached writing is a true and correct copy of the original of an Ordinance Amending the Charter of the City of Cleveland so as to Provide for a Maximum Fine for Violations of Provisions of the Charter and Ordinances of the City of Cleveland, the first reading of which Ordinance was had on April 8, 1991, and which Ordinance was duly adopted by the Mayor and Council of the City of Cleveland at its regularly scheduled meeting on the 13th day of May, 1991, the original of which Ordinance is on file in the City Hall, Cleveland, Georgia; I further certify that said Ordinance is valid and has not been altered, amended or revoked. IN WITNESS WHEREOF, I hereby affix my hand and the corporate seal of the City of Cleveland, this 7th day of June, 1991.
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/s/ Ann Kennedy Ann Kennedy, City Clerk (CORPORATE SEAL) AFFIDAVIT OF PUBLISHER GEORGIA, WHITE COUNTY I, STEVE WHITMIRE, do hereby certify that I am publisher of THE TELEGRAPH, the newspaper in which sheriff's advertisements appear for said White County, Georgia; that this affidavit is given upon my personal knowledge and that I am competent to testify to the matters stated herein. I further certify that attached hereto is a true and correct copy of a notice which was published in The Telegraph in respect to an Ordinance Amending the Charter of the City of Cleveland so as to Provide for a Maximum Fine for Violations of Provisions of the Charter and Ordinances of the City of Cleveland, and that said notice was published on the following dates: April 24, May 1 and May 8, 1991. /s/ Steve Whitmire STEVE WHITMIRE Sworn to and subscribed before me, this 31st day of May, 1991. /s/ Juanita S. Kastner NOTARY PUBLIC My Commission Expires Jan. 30, 1995 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CLEVELAND BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT FOR THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 The City of Cleveland, pursuant to O.C.G.A. Section 36-35-3, proposes to amend its Charter so as to provide that a maximum fine of $1,000 may be levied for each violation of a provision
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of the Charter and the Ordinances of the City of Cleveland; and for all matters relevant to the forgoing. A copy of the proposed amendment to the City's Charter is on file in the Office of the City Clerk and in the Office of the Clerk of the Superior Court of White County for examination and inspection by the public. Upon written request, the City Clerk shall furnish anyone a copy of the proposed amendment. Adoption of this amendment shall be considered by the City Council at its meetings on April 8, 1991 and May 13, 1991, in its chambers at the City Hall, beginning at 8:00 o'clock, P.M. /s/ Ann Kennedy Ann Kennedy City Clerk City of Cleveland Publication dates: April 24, May 1 and 8, 1991 Filed in the Office of the Secretary of State June 6, 1991. CITY OF POOLERMAYOR AND ALDERMEN; ORGANIZATIONAL MEETING DATE. AN ORDINANCE TO AMEND ARTICLE II, CHAPTER 2, SECTION 2.20 OF THE CHARTER OF THE CITY OF POOLER PURSUANT TO O.C.G.A. 36-35-3 SO AS TO CHANGE THE DATE OF THE ORGANIZATIONAL MEETING FOLLOWING ELECTION OF THE MAYOR AND ALDERMANIC BOARD; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. STATE OF GEORGIA COUNTY OF CHATHAM THE ALDERMANIC BOARD OF THE CITY OF POOLER does hereby ordain as follows:
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Article II, Chapter 2, Section 2.20 of the Charter of the City of Pooler is amended pursuant to authority granted under O.C.G.A. 36-35-3 by deleting said section in its entirety and substituting in lieu thereof the following: Sec. 2.20 Inauguration, Organizational Meeting (a) At the first aldermanic meeting in January after any election for Mayor and Aldermen, the Mayor and Alderman elected at such election shall be administered the oath of office as follows: I do solemnly swear (or affirm) that I will well and truly perform the duties of (Mayor or Alderman, as the case may be) of the city of Pooler to the best of my skill and ability, without favor or affection, so help me God. (b) The aldermanic board shall at said meeting elect one of their members to serve as Mayor Pro Tem for a term of two (2) years and until his or her successor is elected and qualified. II. This ordinance shall be become effective on July 1, 1991. III. All provisions of the Charter or Code of Ordinances for the City of Pooler in conflict with this ordinance are hereby repealed. ADOPTED this 17th day of June, 1991. /s/ Jack Shearouse MAYOR, CITY OF POOLER, GEORGIA ATTEST: /s/ Maribeth Claus CLERK OF COUNCIL
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June 21, 1991 Office of the Secretary of State Elections Division 110 State Capitol Atlanta, GA 30334 Dear sir: This will certify that the Pooler City Council amended their Charter pertaining to the organizational meeting and inauguration following elections. The date of the First Reading was June 3, 1991, and the Second Reading on June 17, 1991. /s/ Maribeth Claus Maribeth Claus City Clerk STATE OF GEORGIA CHATHAM COUNTY Affidavit of Publication Savannah Morning News 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 May
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11, 1991, May 18, 1991, May 25, 1991, and finds that the following Advertisement, to-wit: NOTICE Pursuant to the Home Rule authority an ordinance amending the Charter of the City of Pooler has been proposed which will change the date of the organizational meeting of the aldermanic board following an election. A copy of the proposed ordinance is on file in the office of the Clerk of the Superior Court of Chatham County and in the office of the Clerk of Council for the City of Pooler at Pooler City Hall. Ronald E. Ginsberg City Attorney-City of Pooler May 11, 18, 25 N appeared in each of said editions. /s/ Van Wilkerson (Deponent) Sworn to and subscribed before me this 10 day of June, 1991 /s/ Lillie Dale Lang Notary Public, Chatham County, Georgia My Commission Expires April 18, 1993 Filed in the Office of the Secretary of State June 25, 1991. CITY OF MACONMACON PENSIONS AND RETIREMENT SYSTEM; PRE-RETIREMENT DEATH BENEFIT. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA AMENDING SECTION 7.2 OF ARTICLE VII OF THE MACON PENSIONS AND RETIREMENT
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SYSTEM, AS SET FORTH IN AN ACT OF THE GENERAL ASSEMBLY OF GEORGIA, APPROVED AUGUST 3, 1927, (GA. LAWS 1927, P. 1283, ET. SEQ.), AS AMENDED, PARTICULARLY BY AN ACT APPROVED MARCH 27, 1972, (GA. LAWS 1972, P. 3152, ET. SEQ.), AS AMENDED, INCORPORATED BY REFERENCE IN THE CHARTER OF THE CITY OF MACON, DIVISION I, ARTICLE V, CHAPTER 5, SECTION 5-502, PARAGRAPH (b), CODE OF MACON, GEORGIA (1978), AS AMENDED, PURSUANT TO AUTHORITY GRANTED THE CITY OF MACON UNDER THE MUNICIPAL HOME RULE ACT OF 1965, (1965 GA. LAWS, P. 298, ET. SEQ.), SO AS TO PROVIDE FOR A PRE-RETIREMENT DEATH BENEFIT EQUAL TO FIFTY PERCENT (50%) OF THE EMPLOYEES ACCRUED BENEFIT; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia and it is hereby so ordained by the authority of same, pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, P. 298, Et. Seq., as amended, O.C.G.A. 36-35-3 et. seq.) as follows: Section 7.2 of Article VII of the Macon Pensions and Retirement System is hereby amended by deleting said section in its entirety and substituting in lieu thereof a new Section 7.2 to read as follows: ARTICLE VII OTHER BENEFITS 7.2 Death Benefit . If the death of an employee who has a surviving spouse occurs before actual retirement, and such employee has at least five years of service, a benefit equal to 50% of the employee's benefit, computed in accordance with Section 5.1(a) considering Average Monthly Compensation and Service at date of death, shall be payable to such spouse. For purposes of this Section 7.2, surviving spouse or spouse shall be the person to whom the employee was married on the date of his death. The spouse's benefit
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shall commence on the first day of the month following the employee's death, with payment continuing for the lifetime of the spouse. If the spouse dies before receiving benefits equal to the amount of the employee's contribution to the plan, the difference between the employee's own contributions and the actual benefits paid will be refunded to the spouse's estate. If there is no surviving spouse or if there is a surviving spouse but the employee had less than five (5) years of service and the death of the employee occurs after his normal retirement date but prior to his retirement, and if the employee would have been entitled to a pension if his retirement had occurred immediately prior to his death, a pension shall be payable to the employee's beneficiary designated pursuant to Section 7.3 for sixty (60) months in an amount equal to the pension which the employee would have received if his retirement had taken place immediately prior to his death. If an optional benefit under Section 6.1 is in effect at the time of the employee's death, any death benefit payable will be in accordance with the option elected. After the sixty (60) monthly payments have been made to the beneficiary, the beneficiary will receive an amount equal to the excess, if any, of the employee's own contributions over the actual benefits paid. If there is no surviving spouse or if there is a surviving spouse but the employee had less than five years of service and if termination of employment is caused by the death of an employee and if death occurs before attainment of an employee's normal retirement date, but after becoming eligible for early retirement, a pension shall be payable to the employee's beneficiary, designated pursuant to Section 7.3, for sixty (60) months. The amount of such pension shall be equal to the pension which the employee would have received if his retirement had taken place immediately prior to his death. After the sixty (60) monthly payments have been made to the beneficiary, the beneficiary will receive an amount equal the excess, if any, of the employee's own contributions over the actual benefits paid. If there is no surviving spouse and the death of an employee occurs before age fifty-five (55), no benefit is payable under the plan with the exception of the return of the employee's contributions, if any.
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The changes effected by this ordinance shall apply to the death of an employee after the effective date of this ordinance. The effective date of this ordinance shall be the later of July 1, 1991, or the date of filing with the Secretary of State. All charter provisions, ordinances or parts of ordinances in conflict herewith are hereby repealed. SO ORDAINED this 18th day of June, 1991. /s/ David Carter President, City Council SO APPROVED this 19th day of June, 1991. /s/ William Lee Robinson Mayor SO ORDAINED this 2nd day of July, 1991. /s/ David Carter President, City Council SO APPROVED this 8th day of July, 1991. /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 6/18/91. Witness my hand and seal of the City of Macon this 6/19/91. /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE June 19, 1991 RETURNED FROM MAYOR'S OFFICE
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July 1, 1991 yw 10:30 AM City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 7/2/91. Witness my hand and seal of the City of Macon this 7/3/91. /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE July 3, 1991 RETURNED FROM MAYOR'S OFFICE July 10, 1991 yw 10:35 AM July 15, 1991 I, Steven G. Durden, City Clerk, do hereby certify that the attached copy of Ordinance #0-91-0025 to amend the Macon Pensions and Retirement System, so as to provide for a pre-retirement death benefit equal to fifty percent (50%) of the employees accrued benefit, is a true and correct copy of said ordinance on file in the City Council's Office, City Hall, Macon, Georgia 31298. /s/ Steven Durden Steven Durden City Clerk City Council's Office City Hall P. O. Box 247 Macon, Georgia 31298
Page 7188
STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JUDY SHERLING, WHO DEPOSES AND SAYS SHE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND NEWS AND IS DULY AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 06/15, 06/22, 06/29 SIGNED Judy Sherling SWORN TO AND SUBSCRIBED BEFORE ME THIS 29 DAY OF JUNE, 1991 /s/ Dawn H. Waites NOTARY PUBLIC, BIBB COUNTY, GEORGIA Commission Expires October 5, 1993 GEORGIA, BIBB COUNTY PUBLIC NOTICE This advertisement is to provide notice that the City of Macon proposed to amend the Charter of the City of Macon, Division I, Article V, Chapter 5, Section 5-502 (b) of the Code of Macon, Georgia (1978), as amended in accordance with the procedure set forth in Official Code of Georgia Annotated Section 36-35-3(b) designated as the Municipal Home Rule Act of 1965, as amended, so as to amend the death benefits under the Macon Pensions and Retirement System. Copies of the proposed amendments are on file in the Office of the Clerk of the City of Macon and in the Office of the Bibb County Superior Court Clerk.
Page 7189
/s/ Lisa L. Bullard Assistant City Attorney City of Macon 6/15.22.29 - 5886 (29313) Filed in the Office of the Secretary of State July 18, 1991. CITY OF MACONMACON PENSIONS AND RETIREMENT SYSTEM; NORMAL AND EARLY PENSION BENEFITS. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA AMENDING SECTIONS 5.1 AND 5.2 OF ARTICLE V OF THE MACON PENSIONS AND RETIREMENT SYSTEM, AS SET FORTH IN AN ACT OF THE GENERAL ASSEMBLY OF GEORGIA, APPROVED AUGUST 3, 1927, (GA. LAWS 1927, P. 1283, ET. SEQ.), AS AMENDED, PARTICULARLY BY AN ACT APPROVED MARCH 27, 1972, (GA. LAWS 1972, P. 3152, ET. SEQ.), AS AMENDED, INCORPORATED BY REFERENCE IN THE CHARTER OF THE CITY OF MACON, DIVISION 1, ARTICLE V, CHAPTER 5, SECTION 5-502, PARAGRAPH (b), CODE OF MACON, GEORGIA (1978), AS AMENDED, PURSUANT TO AUTHORITY GRANTED THE CITY OF MACON UNDER THE MUNICIPAL HOME RULE ACT OF 1965, (1965 GA. LAWS, P. 298, ET. SEQ.), SO AS TO INCREASE THE NORMAL AND EARLY PENSION BENEFIT UNDER THE PLAN; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia and it is hereby so ordained by the authority of same, pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, P. 298, Et. Seq., as amended, O.C.G.A. 36-35-3 et. seq.) as follows:
Page 7190
Section 5.1 of Article V of the Macon Pensions and Retirement System is hereby amended by deleting said section in its entirety and substituting in lieu thereof a new Section 5.1 to read as follows: ARTICLE V AMOUNT OF RETIREMENT BENEFIT 5.1 Normal Pension . (a) An Employee who meets the requirements for a Normal Pension shall receive a monthly amount determined as the sum of (i) and (ii) below then multiplied by (iii) below, in accordance with the following: (i) 1-4/10% (.014) of Average Monthly Compensation up to $1,250.00, (ii) 1-9/10% (.019) of Average Monthly Compensation in excess of $1,250.00, (iii) number of years of Service. (b) If employment continues after an employee's normal retirement date, his pension shall commence upon his actual retirement and the amount of such employee's pension shall be computed in accordance with this Section 5.1, and in so computing such pension, his service and compensation up to his actual retirement date shall be used. Section 5.2 (a) of Article V of the Macon Pensions and Retirement System is hereby amended by deleting said subsection in its entirety and substituting in lieu thereof a new Section 5.2 (a) to read as follows: ARTICLE V AMOUNT OF RETIREMENT BENEFIT 5.2 Early Pension . An Employee who meets the requirements for an Early Pension shall receive a monthly amount determined as follows:
Page 7191
(a) The Early Pension commencing at the Employee's Normal Retirement Date shall be a monthly amount determined as the sum of (i) and (ii) below then multiplied by (iii) below, in accordance with the following: (i) 1-4/10% (.014) of Average Monthly Compensation up to $1,250.00, (ii) 1-9/10% (.019) of Average Monthly Compensation in excess of $1,250.00, (iii) number of years of Service. The changes effected by this ordinance shall be applicable to employees retiring on or after the effective date of this ordinance. The effective date of this ordinance shall be the later of July 1, 1991 or the filing date with the Secretary of State. All charter provisions, ordinances or parts of ordinances in conflict herewith are hereby repealed. SO ORDAINED this 18th day of June, 1991. /s/ David Carter President, City Council SO APPROVED this 19th day of June, 1991. /s/ William Lee Robinson Mayor SO ORDAINED this 2nd day of July, 1991. /s/ David Carter President, City Council SO APPROVED this 8th day of July, 1991. /s/ William Lee Robinson Mayor
Page 7192
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 6/18/91. Witness my hand and seal of the City of Macon this 6/19/91. /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE June 19, 1991 RETURNED FROM MAYOR'S OFFICE July 1, 1991 yw 10:30 AM City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 7/2/91. Witness my hand and seal of the City of Macon this 7/3/91. /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE July 3, 1991 RETURNED FROM MAYOR'S OFFICE July 10, 1991 10:35 AM yw July 15, 1991 I, Steven G. Durden, City Clerk, do hereby certify that the attached copy of Ordinance 0-91-0026 to amend the Macon Pensions and Retirement System, so as to increase the normal and early pension benefit under the plan, is a true and correct copy of said ordinance on file in the City Council's Office, City Hall, Macon, Georgia 31298.
Page 7193
/s/ Steven G. Durden Steven Durden City Clerk City Council's Office City Hall P. O. Box 247 Macon, Georgia 31298 STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JUDY SHERLING, WHO DEPOSES AND SAYS SHE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND NEWS AND IS DULY AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 06/15, 06/22, 06/29 SIGNED Judy Sherling SWORN TO AND SUBSCRIBED BEFORE ME THIS 29 DAY OF JUNE, 1991 /s/ Dawn H. Waites NOTARY PUBLIC, BIBB COUNTY, GEORGIA Commission Expires October 5, 1993 GEORGIA, BIBB COUNTY PUBLIC NOTICE This advertisement is to provide notice that the City of Macon proposed to amend the Charter of the City of Macon, Division I, Article V, Chapter 5, Section 5-502 (b) of the Code Of Macon, Georgia (1978), as amended in accordance with the procedure set forth in Official Code of Georgia Annotated Section
Page 7194
36-35-3(b) designated as the Municipal Home Rule Act of 1965, as amended, so as to increase the normal and early pension benefits under the Macon Pensions and Retirement System. Copies of the proposed amendments are on file in the Office of the Clerk of the City of Macon and in the Office of the Bibb County Superior Court Clerk. Lisa L. Bullard Assistant City Attorney City of Macon 6/15,22,29 - 5921 (29316) Filed in the Office of the Secretary of State July 18, 1991. CITY OF DAWSONCITY CODE ADOPTED. AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF DAWSON; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DAWSON: Section 1 . The Code entitled Code of Ordinances, City of Dawson, Georgia, published by Municipal Code Corporation consisting of Chapters 1 through 17, each inclusive, is adopted. Section 2 . All ordinances of a general and permanent nature enacted on or before March 14, 1991, and not included in the Code or recognized and continued in force by reference therein, are repealed.
Page 7195
Section 3 . The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4 . Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine of not more than $1,000.00 and/or confinement for not more than 60 days and/or sentenced to community service. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits. Section 5 . Additions or amendments to the Code when passed in the form as to indicate the intention of the council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6 . Ordinances adopted after March 14, 1991 that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code. Section 7 . This ordinance shall become effective July 26, 1991. Passed and adopted by the City Council this 11th day of July, 1991. /s/ Robert Lee Albritten Mayor /s/ Sheri L. Howard City Clerk
Page 7196
Certificate of Adoption I hereby certify that the foregoing is a true copy of the ordinance passed at the regular meeting of the council of the city of Dawson held on the 11th day of July, 1991. /s/ Sheri L. Howard City Clerk GEORGIA, TERRELL COUNTY CITY OF DAWSON, GEORGIA Personally appeared before the undersigned attesting officer, JAMES M. COLLIER who, after being duly sworn, desposes and says as follows: My name is James M. Collier and I am the City Attorney for the City of Dawson, Georgia. I certify that the Ordinance by the City of Dawson adopting a New Code was duly read and approved at the Council's regular meeting on June 13, 1991, and again on July 11, 1991; that the same was properly advertised and properly filed for inspection at the office of the City Clerk, City Hall, Dawson, Georgia, and the Clerk of the Superior Court of Terrell County, Georgia. Further affiant sayeth not. /s/ James M. Collier James M. Collier, Affiant Attorney for the City of Dawson, GA Sworn and subscribed before me, this 19th day of July, 1991. /s/ Edward R. Collier Notary Public My Commission Expires June 16, 1995 (SEAL)
Page 7197
AFFIDAVIT STATE OF GEORGIA COUNTY OF TERRELL Personally appeared before me, the undersigned authority, duly authorized to administer oaths, a legal representative of The Dawson News , who, after being duly sworn, deposes and says on oath upon information and belief that: The above and foregoing legal notices was published in the The Dawson News , the official organ of Terrell County, Georgia, on June 13, 1991; June 20, 1991; and June 27, 1991. Further Affiant sayeth not. /s/ Jimmy Rountree Legal Representative of The Dawson News Title: Publisher Sworn and subscribed before me, this 19th day of July, 1991. /s/ Edward R. Collier Notary Public My Commission Expires June 16, 1995 (SEAL) PUBLIC NOTICE OF A PROPOSED ORDINANCE ADOPTING A NEW CITY CODE Notice is hereby given that the City Council is considering a proposed Ordinance adopting and enacting a new code for the City of Dawson; providing a penalty for the violation thereof; providing for the manner of amending such code; and providing when such code and this Ordinance shall become effective. A copy of the proposed Ordinance is on file in the office of the Clerk for the City of Dawson, City Hall, and in the office of the Clerk of the Superior Court of Terrell County in the Terrell County Courthouse for the purpose of examination and inspection
Page 7198
by the public. Upon written request, a copy of the proposed Ordinance will be furnished to any interested party. Final action on this Ordinance shall be taken at the regular monthly meeting of the City Council of the City of Dawson on July 11, 1991, at 6:30 p.m. at City Hall. Filed in the Office of the Secretary of State July 25, 1991. CITY OF EAST POINTRECALL. HOME RULE ORDINANCE AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga.L. 1965, p. 298, Section 3) TO AMEND AN ACT ESTABLISHING A CHARTER FOR THE CITY OF EAST POINT, GEORGIA APPROVED AUGUST 19, 1912 (Ga.L. 1912, p. 862, et seq .), AND THE SEVERAL ACTS AMENDATORY THEREOF, IS HEREBY FURTHER AMENDED BY STRIKING THE PROVISIONS PERTAINING TO RECALL, FAILURE TO RECALL, AND RECALL VOTING BY COUNCILMEN AND INSERTING IN LIEU THEREOF A NEW PROVISION AS TO RECALL; 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 EAST POINT, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME, THAT: Section 1 . An Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga.L. 1912, p. 862, et seq .), and the several amendatory Acts thereof, is hereby further amended as hereinafter set forth pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq .), by striking Section 2-214 and inserting in lieu thereof a new Section 2-214, which shall provide as follows:
Page 7199
Sec. 2-214. Recall. Pursuant to Title 21, Chapter 4 of the Official Code of Georgia Annotated (also known as the Recall Act of 1989), the Georgia General Assembly has established uniform and exclusive procedures relating to the recall of all state and local officials who hold elective office and the provisions and procedures set forth in Title 21, Chapter 4 of the Official Code of Georgia Annotated, as now or hereafter amended, shall constitute the recall provisions of the City of East Point. Section 2 . An Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga.L. 1912, p. 862, et seq .), and the several 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 2-215 in its entirety. Section 3 . An Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq .), and the several amendatory Acts thereof, is hereby further amended as hereinafter set forth pursuant to the Municipal Home Rule Act of 1965 (Ga.L. 1965, p. 298, et seq .), by striking Section 2-216 in its entirety. Section 4. Severability . In the event any section, subsection, sentence, clause, or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions of the other sections, subsections, sentences, clauses, or phrases of this ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudicated invalid or unconstitutional was not originally a part thereof. The City Council hereby declares that it would have passed the remaining part so 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.
Page 7200
Section 5 . All charter provisions, ordinances, and parts of ordinances in conflict herewith are hereby expressly repealed. Section 6 . This ordinance shall become effective upon adoption. First Reading: 2/5/90 Second Reading: 2/19/90 JAE: This ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved. This 19th day of Feb., 1990. /s/ Bruce Bannister BRUCE L. BANNISTER, Mayor Attest: /s/ Evelyne K. Reeves EVELYNE K. REEVES, City Clerk TO WHOM IT MAY CONCERN: I, EVELYNE K. REEVES, City Clerk of the City of East Point, do hereby certify that I am the keeper of the seal, minutes, and records of said City; and that the attached is a true, correct, and exact copy of the original thereof as the same appears on record in the office of the City Clerk of the City of East Point, Georgia. IN WITNESS WHEREOF, I have hereunto affixed my official signature and the corporate seal of the City this the 19 day of Feb., 1990.
Page 7201
/s/ Evelyne K. Reeves EVELYNE K. REEVES City Clerk CITY CLERK'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Personally appeared before me the undersigned notary public, EVELYNE K. REEVES, Clerk of the City of East Point, and after being duly sworn deposes and states under oath as follows: I am the City Clerk of the City of East Point, Georgia, and pursuant to my responsibilities as City Clerk and in compliance with the Municipal Home Rule Act of 1965, hereby certify that with respect to that Municipal Home Rule Ordinance adopted 2/19, 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 East Point for inspection by the public, together with providing for publication of the legal notice, a copy of which is attached hereto, and is further evidenced by an affidavit of the publishers. Furthermore, in execution of this Affidavit, I am transmitting herewith a certified copy of the ordinance as adopted by the Mayor and Council of the City of East Point to the Secretary of State of Georgia for enrollment in Georgia Laws as provided in the Municipal Home Rule Act of 1965 as amended. This 19 day of Feb., 1990. /s/ Evelyne K. Reeves Clerk, City of East Point Sworn to and subscribed before me this 19th day of Feb., 1990.
Page 7202
/s/ Jo A. McNorton Notary Public, Fulton County, Georgia My Commission Expires Feb. 14, 1994 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned, a notary public within and for said county and State, GERALD W. CRANE, publisher of the THE SOUTHSIDE SUN a newspaper published at East Point, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of CITY OF EAST POINT, a true copy of which is hereto annexed, was published in said newspaper in its issue of January 25 and 1, 8, 15 day of Feb. 1990. /s/ Gerald W. Crane, Publisher (by) /s/ Pat Hinkle, Agent Pat Hinkle Acknowledgement of the publisher must be made before a notary public or other official authorized to administer oaths . Sworn to and subscribed before me this 16th day of February, 1990. /s/ David H. Hamrick Notary Public My commission expires March, 1991 (SEAL) PUBLIC NOTICE Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the Mayor and Council of the City of East Point propose to consider for adoption an Ordinance to amend an Act establishing a new charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts amendatory thereof, so as to strike the provisions pertaining to recall, failure to recall, and
Page 7203
recall voting by councilmen for the repeal of conflicting laws and ordinances, and for other purposes. A copy of the proposed Ordinance is on file in the office of the City Clerk of the City of East Point, East Point City Hall, 2777 East Point Street, East Point, Fulton County, Georgia; and in the office of the Clerk of the Superior Court of Fulton County, Georgia, Fulton County Courthouse, 136 Pryor Street, S.W., Atlanta, Fulton County, Georgia for examination and inspection by the public. The City Clerk of said City and the Clerk of the Superior Court of Fulton County will furnish anyone, upon written request, with a copy of the proposed Ordinance. The ordinance will be considered the first time in the regular meeting of the Mayor and Council of the City of East Point on Monday, Feb. 5, 1990, and will be considered for final adoption at the regular meeting of the Mayor and Council of the City of East Point on Monday, February 19, 1990. Evelyne K. Reeves City Clerk 8180,1/25-2/15 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA,County of Fulton. Before me, the undersigned, a Notary Public, this day personally came DAWN T. STUART, who, being duly sworn, according to law, says that SHE is the AGENT of the Daily Report Company , publishers of the Fulton County Daily Report , official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 25TH day(s) of JANUARY, 1990, and on the 1ST, 8TH, 15TH days of FEBRUARY, 1990, as provided by law. /s/ Dawn T. Stuart
Page 7204
Subscribed and sworn to before me this 15TH day of FEBRUARY, 1990. /s/ Cassandra Jean Harkness Notary Public, Fulton County, Georgia My Commission Expires April 12, 1993 PUBLIC NOTICE Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the Mayor and Council of the City of East Point propose to consider for adoption an ordinance to amend an Act establishing a new charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts amendatory thereof, so as to strike the provisions pertaining to recall, failure to recall and recall voting by councilmen for the repeal of conflicting laws and ordinances, and for other purposes. A copy of the proposed ordinance is on file in the office of the City Clerk of the City of East Point, East Point City Hall, 2777 East Point Street, East Point, Fulton County, Georgia; and in the office of the Clerk of the Superior Court of Fulton County, Georgia, Fulton County Courthouse, 136 Pryor Street, S.W., Atlanta, Fulton County, Georgia, for examination and inspection by the public. The City Clerk of said City and the Clerk of the Superior Court of Fulton County will furnish anyone, upon written request, with a copy of the proposed ordinance. The ordinance will be considered the first time in the regular meeting of the Mayor and Council of the City of East Point on Monday, February 5, 1990, and will be considered for final adoption at the regular meeting of the Mayor and Council of the City of East Point on Monday, February 19, 1990. EVELYN K. REEVES City Clerk Jan 25 Feb 1 8 15 1990 Req.-2 116826
Page 7205
Filed in the Office of the Secretary of State August 2, 1991. CITY OF DALTONPUBLIC SAFETY COMMISSION; POLICE AND FIRE DEPARTMENTS; AGE FOR EMPLOYMENT; CITY ATTORNEY; WORLD WAR II SERVICE; CHIEF OF POLICE; BOND. THE CITY OF DALTONPUBLIC SAFETY COMMISSION JUNE, 1989 ORDINANCE TO AMEND AN ACT ESTABLISHING A CHARTER FOR THE CITY OF DALTON, GEORGIA APPROVED ON FEBRUARY 24, 1874 (Ga. L. 1874, p. 181 et seq), AND THE SEVERAL ACTS AMENDATORY THEREOF, SO AS TO CHANGE THE NAME OF THE CIVIL SERVICE COMMISSION TO THE PUBLIC SAFETY COMMISSION; TO REPEAL MAXIMUM AGE CONDITIONS FOR INITIAL EMPLOYMENT BY THE CITY OF DALTON POLICE DEPARTMENT AND THE CITY OF DALTON FIRE DEPARTMENT; TO AUTHORIZE THE CITY OF DALTON PUBLIC SAFETY COMMISSION TO ADOPT AN OFFICIAL SEAL; TO DELETE THE REQUIREMENT THAT THE CITY ATTORNEY RENDER LEGAL SERVICES TO THE PUBLIC SAFETY COMMISSION WITHOUT EXTRA COMPENSATION; TO REPEAL A REQUIREMENT FOR MANDATORY REINSTATEMENT OF FORMER PERSONNEL OF THE DALTON POLICE DEPARTMENT AND DALTON FIRE DEPARTMENT AFTER THEIR RETURN FROM MILITARY SERVICE IN THE ARMED FORCES DURING WORLD WAR II; AND TO REQUIRE THE CHIEF OF THE CITY OF DALTON POLICE DEPARTMENT, AND HIS DELEGATE LEVYING OFFICER, TO GIVE FIDELITY BOND WITH GOOD AND SUFFICIENT SURETY TO THE CITY OF DALTON IN AN AMOUNT NOT LESS THAN ONE HUNDRED THOUSAND (100,000.00) DOLLARS
Page 7206
AND FURTHER AUTHORIZING THE GOVERNING AUTHORITY OF THE CITY OF DALTON TO REQUIRE AN INCREASE IN THE AMOUNT OF SAID FIDELITY BOND BY RESOLUTION IN THEIR DISCRETION; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING LAWS AND ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Council of the City of Dalton, Georgia acting pursuant to the powers accorded them under the Municipal Home Rule Act of 1965, as amended, and by the authority of same, it is hereby ordained as follows: SECTION I SHORT TITLE : This Act may be cited as the City of Dalton Public Safety Commission Ordinance. SECTION II CIVIL SERVICE COMMISSION NAME CHANGED : Ga. L. 1945, p. 593 and all subsequent acts amendatory thereof and more particularly Ga. L. 1958, p. 2105 are hereby amended by striking the term Civil Service Commission wherever it appears and inserting in lieu thereof the words Public Safety Commission so that the three (3) member Commission appointed by the governing body of the City of Dalton, Georgia and charged with the administration of the affairs of the City of Dalton Police Department and the City of Dalton Fire Department shall hereafter be know as The City of Dalton Public Safety Commission. SECTION III SEAL : The City of Dalton Public Safety Commission may adopt an official seal for use on its official documents and/or any subpoenas issued by the City of Dalton Public Safety Commission.
Page 7207
Upon adoption of said seal the same shall be kept at all times in the custody and control of the duly appointed Secretary of the City of Dalton Public Safety Commission. SECTION IV REPEAL OF AGE LIMITATIONS ON EMPLOYMENT : Ga. L. 1958, P. 2105 is hereby repealed in its entirety and the following language is inserted in lieu thereof: No person shall be employed by the Public Safety Commission of the City of Dalton for work as a mandate peace officer or mandate peace officer in training or certified firefighter or certified firefighter in training unless such person has reached the age of twenty-one (21) years which shall be established by a birth certificate or other proper proof of age acceptable to the Public Safety Commission. SECTION V COMPENSATION OF CITY ATTORNEY : Ga. L. 1945, p. 593, 22 is hereby repealed so that the City Attorney of the City of Dalton shall not be required to render services to the Public Safety Commission without extra compensation. SECTION VI MANDATORY REINSTATEMENT : Ga. L. 1945, p. 593, 12, requiring the mandatory reinstatement of any firefighter or police officer, who while a member of said department, was inducted or volunteered as a member of the Armed Forces of the United States during World War II, is hereby repealed. SECTION VII POLICE CHIEF TO POST FIDELITY BOND :
Page 7208
Ga. L. 1937, p. 1723, 11, is amended to provide that the Police Chief of the City of Dalton, Georgia and his delegate levying officer, shall give fidelity bond to the City of Dalton, Georgia with good and sufficient surety authorized to transact business in the State of Georgia and acceptable to the Mayor and Council of the City of Dalton, Georgia in an amount not less than one hundred thousand ($100,000.00) dollars. Further, the Mayor and Council of the City of Dalton, Georgia shall be empowered to increase the amount of said fidelity bond from time to time by resolution in their discretion. The following conflicting provisions contained in related Local Acts of the General Assembly of Georgia are hereby repealed to the extent hereinafter set forth: Ga. L. 1939, p. 965, 6 is repealed in its entirety; Ga. L. 1945, p. 593, 6 is repealed to the extent that it provides an amount of bond for the Police Chief's delegated tax levying officer in an amount other than that prescribed in this Ordinance. SECTION VIII SEVERABILITY : If any part of this Ordinance shall be declared illegal for any reason, then such unlawful provision shall be deemed to be severable from the remainder of this Ordinance and the remainder of this Ordinance shall remain in full force and effect. It is the intention of the Mayor and Council of the City of Dalton, Georgia by the adoption of this Ordinance that any lawful remaining portion of this Ordinance be severed from any unlawful portion with the lawful portion thereof remaining in full force and effect. SECTION IX EFFECTIVE DATE : This Ordinance shall become effective after it's passage by the Mayor and Council of the City of Dalton at the earliest date permitted by the Municipal Home Rule Act of 1965, as amended. SECTION X
Page 7209
All local laws and parts of laws in conflict with this Ordinance are hereby repealed. This Ordinance having been properly considered and adopted by the Mayor and Council of the City of Dalton, Georgia, the same is hereby approved. This 08-07-87 day of August, 1989. CITY OF DALTON, GEORGIA BY: /s/ James A. Middleton JAMES A. MIDDLETON, MAYOR ATTEST: /s/ Faye L. Martin FAYE MARTIN, CITY CLERK FIRST READING: 07-17-89 SECOND READING; 08-07-89 AFFIDAVIT I, Keith Blevins, am a duly authorized representative of the Daily Citizens News which is the official organ for the City of Dalton, Georgia in Whitfield County. This Affidavit is to verify that the attached Notice of an Ordinance amending the Municipal Charter of the City of Dalton was published as required by O.C.G.A. Section 36-35-3(b)(1) and otherwise by this chapter. By the terms of O.C.G.A. Section 36-35-3(b)(1), this Notice was published once a week for three weeks within a period of sixty (60) days immediately preceding its final adoption. /s/ Keith Blevins Sworn to and subscribed before me, this 6th day of August, 1991.
Page 7210
/s/ Louise B. Hackney NOTARY PUBLIC My Commission Expires: 9-27-92 NOTICE OF PROPOSED AMENDMENT TO CHARTER OF THE CITY OF DALTON, GEORGIA Notice is hereby given that an ordinance will be introduced to amend an Act establishing the Charter for the City of Dalton, Georgia, approved on February 24, 1874 (Ga. L. 1874, p. 181, et seq.) and the several acts amendatory thereof, for the following purposes: (i) To repeal a maximum age limitation for initial employment by the City of Dalton Police Department and the City of Dalton Fire Department; (ii) To change the name of the City of Dalton's Civil Service Commission to The City of Dalton Public Safety Commission (iii) To authorize the City of Dalton Public Safety Commission to adopt a seal; (iv) To delete the requirement that the City Attorney render legal services to the Public Safety Commission without extra compensation; (v) To repeal a provision requiring mandatory reinstatement of former personnel after their return from military service in the armed forces during World War II; (vi) To require the Chief of the City of Dalton Police Department, and his delegate levying officer, to give fidelity bond with good and sufficient surety to the City of Dalton in an amount not less than $100,000.00 and authorizing the governing authority of the City of Dalton to require an increase in the amount of said fidelity bond by resolution in their discretion. To provide for severability, to repeal conflicting laws and ordinances and for other purposes. A synopsis of the proposed ordinance is as follows:
Page 7211
1. Charter provisions codified as Section 7-9 of the Charter of the City of Dalton as established by Local Act of the General Assembly of Georgia, Ga. L. 1958, p. 2105, Section 1, providing age requirements for employment with waiver of age restriction in certain instances is repealed in its entirety so that there is no maximum age limitation of thirty-five (35) years for initial employment with the City of Dalton Police Department and the City of Dalton Fire Department. Further, repeal of said provisions repeals a minimum age requirement of twenty-one (21) years on employment with the City of Dalton Police Department and the City of Dalton Fire Department. 2. Section 7-1 through 7-20 as codified in the Charter of the City of Dalton and created by Local Act of the General Assembly of Georgia and more particularly GA. L. 1945, p. 593 and Ga. L. 1958, p. 2105, are amended by striking the term Civil Service Commission wherever it appears and inserting in lieu thereof the words Public Safety Commission so that the three (3) member Commission appointed by the governing body of the City of Dalton and charged with administration of the affairs of the City of Dalton Police Department and the City of Dalton Fire Department shall hereafter be known as the City of Dalton Public Safety Commission. 3. To provide that the City of Dalton Public Safety Commission may adopt an official seal for use on official documents and subpoenas issued from the City of Dalton Public Safety Commission and requiring that said seal be kept at all times under the custody and control of a duly appointed secretary of the Public Safety Commission. 4. To repeal Section 7-5 as codified in the Charter of the City of Dalton and created by Local Act of the General Assembly of Georgia, Ga. L. 1945, p. 593, Section 22, requiring the City Attorney of the City of Dalton to render such services as are required by the Civil Service Commission without extra compensation. 5. To repeal Section 7-20 as codified in the Charter of the City of Dalton and created by Ga. L. 1945, p. 593, Section 12, requiring mandatory reinstatement of any firemen or police officer who while a member of said department was inducted or volunteered
Page 7212
as a member of the Armed Forces of the United States during World War II. 6. To amend Section 7-10 of the codified Charter of the City of Dalton and created by Ga. L. 1937, p. 1723, Section 11, to provide that the Police Chief of the City of Dalton and his delegate levying officer give fidelity bond to the City of Dalton with good and sufficient surety authorized to transact business in the State of Georgia and acceptable to the Mayor of the City of Dalton in an amount not less than one hundred thousand dollars ($100,000.00), and further authorizing the governing body of the City of Dalton to increase the amount of said bond from time to time by resolution in their discretion. To repeal contrary provisions contained in the Charter and created by Local Acts of the General Assembly, Ga. L. 1939, p. 965, Section 6 and Ga. L. 1911, p. 1052, Section 10, by repeal to the extent of any conflict with the change herein made. The ordinance shall be effective upon passage by the Mayor and Council in accordance with the Municipal Home Rule Act of 1965, as amended. A copy of the proposed Ordinance amending the Charter of the City of Dalton, Georgia is on file at the office of the City Clerk of the City of Dalton, 114 Pentz Street, Dalton, Georgia and the Office of the Clerk of the Superior Court of Whitfield County, Georgia, County Courthouse, Dalton, Georgia and is available for public examination and inspection during regular business hours of those offices. The Mayor and Council of the City of Dalton will consider the proposed Ordinance at two (2) regular consecutive meetings to be held on Monday, May 15, 1989 and on Monday, June 5, 1989, both at 7:30 o'clock p.m., in the chamber of the Mayor and Council at City Hall, 114 N. Pentz Street, Dalton, Georgia. This 12th day of May, 1989. James A. Middleton Mayor City of Dalton, Georgia 5/12, 5/19, 5/26, 6/7
Page 7213
Filed in the Office of the Secretary of State August 22, 1991. CITY OF DALTONEMPLOYEES' PENSION PLAN; BENEFITS. ORDINANCE TO AMEND THE CHARTER OF THE CITY OF DALTON (GA. L. 1874, P. 181), AS AMENDED, AND PARTICULARLY AS AMENDED BY GA. L. 1945, P. 593; GA. L. 1950, P. 2264; GA. L. 1956, P. 2093; GA. L. 1958, P. 2105; GA. L. 1966, P. 2946; GA. L. 1969, P. 2126; GA. L. 1971, P. 2727; GA. L. 1973, P. 2019; GA. L. 1974, P. 2744; GA. L. 1977, P. 2601; GA. L. 1980, P. 3242; GA. L. 1982, P. 5002 AS WELL AS THAT ORDINANCE BY HOME RULE AMENDING THE CHARTER OF THE CITY OF DALTON AMENDING AND RESTATING THE MAYOR AND COUNCIL OF THE CITY OF DALTON EMPLOYEES' PENSION PLAN ENACTED APRIL 1982 AND CONFIRMING THE SIMILAR LOCAL ACT OF THE GENERAL ASSEMBLY OF GEORGIA; ORDINANCE BY HOME RULE AMENDING THE CHARTER OF THE CITY OF DALTON ENACTED ON FEBRUARY 20, 1989; AND AN ORDINANCE BY HOME RULE AMENDING THE CHARTER OF THE CITY OF DALTON OF MARCH 1989 CONSOLIDATING THE PROVISIONS OF THE 1982 ORDINANCE AND RESTATEMENT OF THE MAYOR AND COUNCIL OF THE CITY OF DALTON EMPLOYEES' PENSION PLAN AND THE 1989 ORDINANCE BY HOME RULE INTO A SINGULAR PLAN DOCUMENT; TO PROVIDE A TECHNICAL AMENDMENT TO THE DEFINITION OF PENSION BENEFIT IN SECTION 1.24 OF THE PENSION PLAN; TO PROVIDE A TECHNICAL AMENDMENT IN SECTION 3.02 CAPTIONED THE AMOUNT OF RETIREMENT BENEFIT; TO PROVIDE A SUBSTANTIVE AMENDMENT IN SECTION 4.02 AMOUNT OF EARLY RETIREMENT BENEFIT BY INCREASING THE BENEFIT AMOUNT FROM THIRTEEN HUNDREDTHS TO FIFTEEN HUNDREDTHS PERCENT AS ORIGINALLY CONTEMPLATED BY THE BOARD OF TRUSTEES; TO
Page 7214
PROVIDE AN EFFECTIVE DATE; TO PROVIDE FOR SEPARABILITY; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and City Council of the City of Dalton acting pursuant to its powers under the Georgia Municipal Home Rule Act of 1965, as amended, and by authority of the same, the City of Dalton Charter is hereby amended as follows: -1- Section 1.24 captioned Pension Benefit of the Mayor and Council of the City of Dalton Employees' Pension Plan is amended in subsection (a) by striking the word or where it first appears and inserting in lieu thereof the word of so that said subsection (a) as hereby amended shall read as follows: (a) is fifteen hundredths of a percent (.15%) or (.0015) of the participant's Final Average Earnings, and. -2- Section 3.02(a) captioned Amount of Retirement Benefit of the Mayor and Council of the City of Dalton Employees' Pension Plan is amended by striking the figure 1.15% and inserting in lieu thereof the figure 0.15% so that as here amended Section 3.02(a) shall read as follows: (a) is fifteen hundredths of a percent (0.15% or.0015) of the participant's Final Average Earnings, and. -3- Section 4.02 captioned Amount of Early Retirement Benefit of the Mayor and Council of the City of Dalton Employees' Pension Plan is amended by striking the following language: thirteen hundredths (0.13%) percent (.0013), and inserting in lieu thereof the following language:
Page 7215
fifteen hundredths (0.15%) percent (.0015), so that as here amended Section 4.02 shall read as follows: 4.02 Amount of Early Retirement Benefit The early retirement benefit payable in the event of early retirement shall be in the amount and payable as follows: A monthly benefit equal to the product of (a) multiplied by (b) where (a) is an amount equal to fifteen hundredths (0.15%) percent (.0015) of the Participant's final average-earnings and (b) is the number of continuous months of continuous service of the Participant to his date of retirement with said product reduced by the actuarial equivalent as provided under Section 1.22 hereof. Said monthly benefit shall commence immediately upon the Participant's early retirement with the first monthly benefit payment due on his early retirement date. Payment of said monthly early retirement benefit shall be made in advance on the first day of each month. The early retirement monthly benefit shall be paid during the life of the Participant and for a period of one hundred twenty (120) months certain and continuous from the Participant's early retirement date. In the event of the Participant's death within a period of one hundred twenty (120) months of his early retirement date, the same monthly early retirement benefit shall be payable for the remainder of the one hundred twenty (120) month period to the Participant's designated beneficiary as provided in Section 6.03 hereof. If the deceased Participant shall have a qualifying spouse as defined in Section 6.01 hereof, a monthly survivor benefit payment equal to fifty-five (55%) percent of the pension benefit shall be payable to said qualifying spouse during said qualifying spouse's lifetime. This survivor benefit to said qualifying spouse
Page 7216
shall be paid in advance on the first day of each month with the first payment due on the first day of the month coincident with or following the one hundred twenty (120) month period from the deceased Participant's early retirement date. -4- Except as amended herein, the Mayor and Council of the City of Dalton Employees' Pension Plan shall continue in full force and effect. -5- Amendments made in this Ordinance shall become effective as of April 20, 1990 which is the date the Board of Trustees of the Mayor and Council of the City of Dalton Employees' Pension Plan recommended with the above-referenced amendments to be made. -6- Should any provision of this Ordinance be held illegal or invalid by any Court of competent jurisdiction then such illegal or invalid provision shall be considered separable from the remainder of the provisions of this Ordinance and the other provisions of the Mayor and Council of the City of Dalton on Employees' Pension Plan and such shall be severable without invalidating the other amendments or remaining provisions of the Mayor and Council of the City of Dalton Employees' Pension Plan. SO ORDAINED this 5th day of November, 1990. The foregoing Ordinance was first read before the Mayor and City Council in regular session on the 15th day of October, 1990 and thereafter read a second time before the Mayor and Council in regular session on the 5th day of November, 1990 at which time upon motion of Alderman Gamblin, second Alderman Powell, the question was called for its passage and it receiving three ayes, no nays, THE ORDINANCE DOES PASS.
Page 7217
This 5th day of November, 1990. /s/ Jim Middleton Mayor Attest: /s/ Faye L. Martin City Clerk AFFIDAVIT I, JEFF MUTTER, am a duly authorized representative of the Daily Citizens News which is the official organ for the City of Dalton, Georgia in Whitfield County. This Affidavit is to verify that the attached Notice of an Ordinance amending the Municipal Charter of the City of Dalton was published as required by O.C.G.A. Section 36-35-3(b)(1) and otherwise by this chapter. By the terms of O.C.G.A. Section 36-35-3(b)(1), this Notice was published once a week for three weeks within a period of sixty (60) days immediately preceding its final adoption. /s/ Jeff Mutter Sworn to and subscribed before me, this 17th day of July, 1991. /s/ Darlene Chance NOTARY PUBLIC My Commission Expires: 7/18/94 CHARTER OF THE CITY OF DALTON BY HOME RULE ORDINANCE There will be introduced before the Mayor and City Council of the City of Dalton an Ordinance to amend the Charter, Ga. L. 1874, p. 181 et. seq. and more particularly as amended by Ga. L. 1982, p. 5002, an Ordinance of the City of Dalton of February 20, 1989 amending the Charter of the City of Dalton of February 20, 1989 amending the Charter of the City of
Page 7218
Dalton pursuant to the Municipal Home Rule Act of 1965 for the purpose of restating the Mayor and Council of the City of Dalton Employees' Pension Plan, and by an Ordinance of the City of Dalton of March 19, 1990 amending the Charter of the City of Dalton pursuant to the Municipal Home Rule Act of 1965 merging and consolidating provisions of the restated Mayor and Council of the City of Dalton Employees' Pension Plan with subsequent amendments, and for other purposes. The first reading of the proposed Ordinance will be held by the Mayor and Council at its regularly scheduled meeting of October 15, 1990 and a second and final reading at which time adoption of the amending Ordinance will be considered to be held at the next regular meeting of the Mayor and Council of the City of Dalton, scheduled for November 5, 1990. A copy of the proposed Ordinance is on file for public inspection in the Office of the City Clerk of the City of Dalton at the City Hall, 114 Pentz Street, Dalton, Georgia and in the Office of the Clerk of the Superior Court of Whitfield County, Georgia, Whitfield County Courthouse, Dalton, Georgia and may be reviewed and inspected during regular business hours at those locations. Any person desiring a written copy of the proposed Ordinance should request same from the Office of the City Clerk of the City of Dalton, Georgia. The purpose of the proposed Ordinance is to make two technical amendments and one substantive amendment to the Mayor and Council of the City of Dalton Employees' Pension Plan as follows: (1) a technical and numerical change in Section 1.24 defining Pension Benefit; (2) a technical and grammatical change in Section 3.02 (a) concerning Amount of Retirement Benefit; and (3) a substantive amendment in Section 4.02 increasing the factor for determining the Amount of Early Retirement Benefit from thirteen hundredths (0.13) percent (.0013) to fifteen hundredths (0.15) percent (.0015) of the participant's final average earnings. This 13th day of October, 1990.
Page 7219
James A. Middleton Mayor City of Dalton 1019 10/26 11/2 Filed in the Office of the Secretary of State August 22, 1991. CITY OF DALTONURBAN AREA PLANNING COMMISSION; MEMBERS; TERMS. ORDINANCE To Amend The Charter Of The City of Dalton, Georgia (Ga. L. 1874, p. 181) As Amended, And Particularly A Certain Home Rule Ordinance Of April 7, 1986 Creating The Urban Area Planning Commission So As To Make Certain Amendments To The Terms Of Office Of Certain Citizen Members Of The Urban Area Planning Commission Appointed To Fill Unexpired Terms BE IT ORDAINED by the Mayor Council of the City of Dalton, Georgia acting pursuant to the powers accorded it under the Municipal Home Rule Act of 1965, as amended, and by authority of same, it is hereby ordained as follows: ARTICLE I That Section 15-4 (b) (9) of the Charter of the City of Dalton be deleted and the following inserted in lieu thereof: (9) No citizen member of the Commission shall be reappointed by the Mayor and Council to succeed him-or-herself for a successive term of service on the Commission except: a. Initial citizen members who are appointed for a designated terms of two (2) years or less. An initial citizen member of the Commission who is appointed for a designated term of two (2) years or less may be
Page 7220
once reappointed by the Mayor and Council for a successive term of four (4) years. b. Citizen members who fill unexpired terms of less than two (2) years' duration may be reappointed by the Mayor and Council for one (1) successive term. At the end of that successive term, the citizen member may not be reappointed to succeed him-or-herself. IN WITNESS WHEREOF, the Amendment is adopted by the City in the date shown below, but effective as of the date previously indicated. MAYOR AND COUNCIL OF THE CITY OF DALTON BY: /s/ Jim Middleton DATE: February 18, 1991 ATTEST: /s/ Fay L. Martin CITY CLERK ARTICLE II This Ordinance shall become law upon its passage by the Mayor and Council pursuant to the Home Rule Act of 1965, as amended. The foregoing Ordinance received its first reading on February 4, 1991 and a second reading on February 18, 1991. Upon second reading a motion for passage of the ordinance was made by Alderman Godfrey, second by Alderman Gamblin and upon the question the vote is four ayes, zero nays and the Ordinance is adopted. /s/ James A. Middleton MAYOR AFFIDAVIT
Page 7221
I, Jeff Mutter, am a duly authorized representative of the Daily Citizens News which is the official organ for the City of Dalton, Georgia in Whitfield County. This Affidavit is to verify that the attached Notice of an Ordinance amending the Municipal Charter of the City of Dalton was published as required by O.C.G.A. Section 36-35-3(b)(1) and otherwise by this chapter. By the terms of O.C.G.A. Section 36-35-3(b)(1), this Notice was published once a week for three weeks within a period of sixty (60) days immediately preceding its final adoption. /s/ Jeff Mutter Sworn to and subscribed before me, this 17th day of July, 1991. /s/ Darlene Chance NOTARY PUBLIC My Commission Expires: 7/18/94 1/11 1/18 1/25 2/1 CITY OF DALTON NOTICE OF PROPOSED CHARTER There will be introduced at the regular meeting of the Mayor and City Council of the City of Dalton on February 4, 1991 an ordinance to amend the charter of the City of Dalton (Ga. L. 1872, p. 181), as amended, and more particularly a certain ordinance creating the Urban Area Planning Commission adopted April 7, 1986 by the Mayor and City Council pursuant to its Home Rule powers. The purpose of the amending ordinance is to allow citizen members of the Commission who are appointed to fill unexpired terms of vacating members to be reappointed to succeed himself for one full term provided the duration of the unexpired term which they are filling is two years or less.
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The ordinance will receive its second and final reading at a regular meeting of the Mayor and City Council on February 18, 1991 and may be enacted into law at that time. A copy of the proposed Ordinance is on file in the Office of the Clerk of Superior Court of Whitfield County, Georgia, Courthouse, Dalton, Georgia and in the Office of the City Clerk, City of Dalton, Georgia and in the Office of the City Clerk, City of Dalton, 114 Pentz Street, Dalton, Georgia 30720. Members of the public may request and receive a copy of the proposed Ordinance at the Office of the City Clerk, City of Dalton, 114 Pentz Street, Dalton, Georgia 30720. This 18th day of February, 1991. James A. Middleton Mayor, City of Dalton Filed in the Office of the Secretary of State August 22, 1991. CITY OF CENTRALHATCHEEPUBLIC WORKS CONTRACTS. CHARTER AMENDMENT BEING ENACTED, by the Mayor and City Council of the City of Centralhatchee, Section 6.09 of the Charter of the City of Centralhatchee, Georgia is hereby added to the City Charter and shall read as follows: Section 6.09. CONTRACTS FOR PUBLIC WORKS Whenever it becomes necessary to acquire, build or repair any of the public works located within the municipality, the Mayor and City Council shall cause the same to be acquired, constructed, repaired, renovated, or otherwise built by contracting with such persons or organizations as the Mayor and City Council deem to be in the best interest of the municipality.
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The Mayor and City Council shall not be required to accept bids on public works contracts which do not exceed a total cost of Ten Thousand Dollars ($10,000.00). This the 3rd day of June, 1991. /s/ Eley H. Loftin MAYOR /s/ Kenneth B. Summerlin COUNCILMAN /s/ Robert Gladney COUNCILMAN /s/ Jimmy E. Adams COUNCILMAN /s/ Mike Crockett COUNCILMAN /s/ Walter Wiggins COUNCILMAN Secretary of State Business Services and Regulation Suite 315, West Tower 2 Martin Luther King Jr. Drive Atlanta, Georgia 30334 Attn: Ms. Jean Bolton Dear Ms. Bolton: As attorney for the City of Centralhatchee, I hereby certify that the readings of the notice to amend the charter of the City were held on May 6, 1991 and June 3, 1991. Should you need anything further, please contact me. I remain Very truly yours, TISINGER, TISINGER, VANCE GREER, P.C. /s/ J. Thomas Vance
Page 7224
AFFIDAVIT GEORGIA Heard County To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the The News Banner, Franklin, Ga. legal organ for Heard County. The following dates, to-wit: April 10, 1991 April 17, 1991 April 24, 1991 /s/ B. T. McCutchen B. T. McCutchen, Publisher Sworn to and subscribed before me on the 2nd day of May, 1991 /s/ Diane Noles Notary Public, Heard County, Georgia My Commission Expires April 11, 1994 NOTICE The Mayor and City Council of Centralhatchee, Georgia on May 6, 1991, will amend the Charter for the City of Centralhatchee, Georgia, to allow the Mayor and Council to enter into public works contracts for amounts less than Ten Thousand Dollars (10,000.00) without accepting bids. A copy of the proposed amendment is on file in the City of Centralhatchee's Clerk's Office and in the Office of the Heard County Clerk of Superior Court for the purpose of examination and inspection by the public. This the 10th day of April, 1991.
Page 7225
MAYOR AND CITY COUNCIL OF CENTRALHATCHEE, GEORGIA 4-10,17,24 Filed in the Office of the Secretary of State September 24, 1991. CITY OF CORNELIAELECTION DISTRICTS; CITY COMMISSION WARDS. CITY OF CORNELIA HOME RULE ORDINANCE NO. 3 AN ORDINANCE OF THE CITY OF CORNELIA ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965, AS AMENDED (O.C.G.A. SECTION 36-35-1, ET. SEQ.), AMENDING THE CHARTER OF THE CITY OF CORNELIA BY AMENDING AN ACT APPROVED AUGUST 20, 1927 (Ga. L. 1927, p. 981), AS AMENDED, PARTICULARLY BY AN ACT APPROVED FEBRUARY 25, 1949 (Ga. L. 1949, p. 1329), SO AS TO REAPPORTION THE ELECTION DISTRICTS, REFERRED TO AS WARDS, FROM WHICH MEMBERS OF THE CITY COMMISSION ARE ELECTED; TO REPEAL CONFLICTING CHARTER PROVISIONS, ORDINANCES AND PARTS OF ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED by the City Commission of the City of Cornelia, and it is hereby ordained by authority of the same that the Charter of the City of Cornelia, Georgia, be, and the same is hereby amended as follows: Section 1 . That Section 3 of the Act approved August 20, 1927 (Ga. L. 1927, p. 981), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1329) be, and the same is hereby amended to read as follows:
Page 7226
Section 3. For the purpose of electing members of the City Commission, the land area now or hereafter comprising the City of Cornelia shall be divided into four election districts, hereinafter referred to as wards, described as follows: Ward Number One shall be all that part of the City of Cornelia lying southeast of the center line of the right-of-way of the main line of Southern Railway Company and bounded on the west and northwest by the center line of South Main Street. Ward Number Two shall be all that part of the City of Cornelia bounded on the east and southeast by the center line of South Main Street; on the east by the center line of North Main Street from the point where it joins the center line of South Main Street in the right-of-way of the main line of Southern Railway Company to its intersection with the center line of Galloway Street; and on the north by a line beginning at the intersection of the center line of Galloway Street with the center line of North Main Street, and running thence from said point of beginning in a westerly direction along the center line of Galloway Street to its intersection with the center line of Wayside Street; thence in a southwesterly direction along the center line of Wayside Street to its intersection with the center line of Level Grove Road; and thence in a westerly direction along the center line of Level Grove Road to the city limits. Ward Number Three shall be all that part of the City of Cornelia bounded on the southeast and east by a line beginning at the concrete monument corner between lands of The Habersham County Development Authority, occupied by Ethicon, Inc., and lands of Elrod located on the southeasterly right-of-way line of Georgia Highway 365 S. 44 32[UNK] W. 61.7 feet from a concrete highway right-of-way marker, and running thence from said point of beginning S. 30 16[UNK] E. 103.6 feet to a corner; thence S. 44 32[UNK] W. 585.3 feet to a point; thence S. 37 10[UNK] W. 173.4 feet to a point; thence S. 33 31[UNK] W. 36.8 feet to a point; thence S. 30 57[UNK] W. 41.2 feet to a point; thence S. 27 51[UNK] W. 57.9 feet to a point; thence S. 24 59[UNK] W. 34.7 feet to a point; thence S. 21 58[UNK] W. 59.8 feet to a point; thence S. 19 04[UNK] W. 50.1 feet to a point; thence S.
Page 7227
15 37[UNK] W. 59.6 feet to a point; thence S. 12 06[UNK] W. 53.4 feet to a point; thence S. 08 30[UNK] W. 124.1 feet to a point; thence S. 04 58[UNK] W. 27.0 feet to a corner; thence S. 29 06[UNK] E. 446.8 feet to a point; S. thence S. 29 06[UNK] E. 30.0 feet to a point; thence S. 29 06[UNK] E. 345.8 feet to a corner; thence S. 60 04[UNK] W. 199.6 feet to a corner; thence S. 31 35[UNK] E. 336.4 feet to a corner; thence S. 30 00[UNK] W. 849.3 feet to a point; thence S. 00 32[UNK] E. 142.8 feet to a point; thence S. 06 35[UNK] W. 151.4 feet to a point; thence S. 00 39[UNK] E. 476.3 feet to a point; thence S. 36 25[UNK] E. 139.5 feet to a point; thence S. 49 20[UNK] E. 481.8 feet to a corner; thence N. 62 20[UNK] E. 356.6 feet to an iron pin corner; thence S. 29 40[UNK] E. 568.3 feet to an iron pin; thence S. 33 17[UNK] E. 228.3 feet to an iron pin; thence S. 25 17[UNK] E. 34.6 feet to an iron pin corner; thence S. 50 26[UNK] W. 716.4 feet to a post oak; thence S. 60 04[UNK] W. 244.4 feet to an iron pin; thence S. 39 30[UNK] E. 128.1 feet to an iron pin; thence S. 26 14[UNK] W. 116.0 feet to an iron pin; thence S. 41 11[UNK] E. 92.5 feet to a point; thence S. 27 11[UNK] E. 302.0 feet to an iron pin; thence S. 04 37[UNK] E. 9.5 feet to a corner on the northeast side of Cleveland Road; thence S. 24 10[UNK] W. 40.0 feet to the center line of Cleveland Road, and bounded further on the northeast by the center line of Cleveland Road from the point where it intersects with the line hereinbefore described to the point where it intersects with the center line of North Main Street; on the east by the center line of North Main Street from the point where it intersects with the center line of Cleveland Road to the point where it intersects with the center line of Galloway Street; and on the south by a line beginning at the intersection of the center line of Galloway Street with the center line of North Main Street, and running thence from said point of beginning in a westerly direction along the center line of Galloway Street to its intersection with the center line of Wayside Street; thence in a southwesterly direction along the center line of Wayside Street to its intersection with the center line of Level Grove Road; and thence in a westerly direction along the center line of Level Grove Road to the city limits, together with all of those parts of the City of Cornelia lying northwest of the right-of-way of Georgia Highway 365 and all that part of the City of Cornelia described as follows: Beginning at a concrete monument corner located on the southwesterly right-of-way line of U.S. Highway 441 Business Route N. 26 39[UNK] W. 25.0
Page 7228
feet from a concrete monument corner common to lands of The Habersham County Development Authority, occupied by Ethicon, Inc., and lands of McDonald, and running thence from said beginning corner S. 58 43[UNK] W. 460.0 feet to a concrete monument; thence S. 58 43[UNK] W. 544.5 feet to a concrete monument; thence S. 02 35[UNK] E. 25.0 feet to a concrete monument; thence S. 02 35[UNK] E. 139.9 feet to a concrete monument; thence S. 02 49[UNK] W. 236.9 feet to a concrete monument; thence S. 04 45[UNK] E. 217.0 feet to a concrete monument; thence S. 26 55[UNK] E. 141.1 feet to a concrete monument; thence S. 26 55[UNK] E. 8.5 feet to corner in center of branch; thence a westerly direction down the meanderings of said branch and long the center line thereof a distance of 2040.2 feet, more or less, to a corner common to lands of The Habersham County Development Authority, occupied by Ethicon, Inc., and lands of Addison; thence S. 30 08[UNK] E. 79.1 feet to an iron pin corner; thence S. 62 20[UNK] W. 356.6 feet along the line hereinbefore first described to corner; thence N. 49 20[UNK] W. 57.9 feet along the line hereinbefore first described to corner; thence N. 46 19[UNK] E. 524.9 feet to a point; thence N. 88 57[UNK] E. 1146.8 feet to a point; thence N. 02 49[UNK] E. 704.7 feet to a point; thence N. 58 43[UNK] 1017.7 feet to a point on the center line of U.S. Highway 441 Business Route; thence S. 34 05[UNK] E. 150.0 feet along said center line of said highway to a point; thence S. 58 43[UNK] W. 20.0 feet to the beginning corner. Ward Number Four shall be all that part of the City of Cornelia lying northwest of the center line of the right-of-way of the main line of Southern Railway Company, east of the center line of North Main Street, and northeast of the center line of Cleveland Road, with exception of those parts of City of Cornelia included in the description of Ward Number Three. Section 2 . All Charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Section 3 . This Ordinance shall become effective immediately upon its adoption.
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CITY OF CORNELIA, HABERSHAM COUNTY, GEORGIA. I, the undersigned, do hereby certify that I am Secretary of the City Commission of the City of Cornelia, Georgia; that as Secretary of the City Commission of the City of Cornelia, I have custody of the city records and keep the minutes of the meetings of the City Commission; that the foregoing is a true copy of an ordinance amending the Charter of the City of Cornelia for the purpose of reapportioning the election districts, referred to as wards, from which members of the City Commission are elected, which was duly adopted at two regular consecutive meetings of the City Commission of the City of Cornelia duly held on September 3, 1991, and October 1, 1991; that the notice required by O.C.G.A. Section 36-35-3(b)(1) was duly published as thereby required; and that copies of the proposed amendment were filed in my office and in the office of the Clerk of Superior Court of Habersham County, Georgia, the county of the legal situs of the City of Cornelia, and thereafter kept on file in said offices for the purpose of examination and inspection by the public, all as provided by law. This 2nd day of October, 1991. /s/ R. L. Maxwell, Jr. Secretary of the City Commission of the City of Cornelia, Georgia (SEAL) GEORGIA, HABERSHAM COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John D. Solesbee, who, on oath, deposes and says that he is Publisher of the Northeast Georgian, and that the Notice of Intent to Amend the Charter of the City of Cornelia which appears below was published in the Northeast Georgian which is the official organ of Habersham County, Georgia, the legal situs of the City of Cornelia, and of
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general circulation in said municipality, on August 27, September 3, and September 10, 1991, as provided by law. /s/ John D. Solesbee Publisher Northeast Georgian Sworn to and subscribed before me, this 27th day of September, 1991. /s/ Joyce W. Wood Notary Public My commission expires 9-14-92. NOTICE OF INTENT TO AMEND THE CHARTER OF THE CITY OF CORNELIA The City Commission of the City of Cornelia intends to Amend the Charter of the CITY OF CORNELIA by Ordinance pursuant to the Municipal Home Rule Act of 1965, as amended (O.C.G.A. Section 36-35-1, et seq.), so as to reapportion the election districts, referred to as wards, from which members of the City Commission are elected. A copy of the proposed amendment is on file in the office of the Secretary of the City Commission of the City of Cornelia and in the office of the Clerk of the Superior Court of Habersham County, Georgia, for the purpose of examination and inspection by the public. R.L. Maxwell, Jr. Secretary of the City Commission of the City of Cornelia, Ga. 3c-9-10 Filed in the Office of the Secretary of State October 3, 1991.
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CITY OF WARNER ROBINSPURCHASE OR SALE OF PROPERTY. ORDINANCE AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF WARNER ROBINS, GEORGIA, AMENDING PART 5, CHAPTER 4 OF THE CITY CHARTER REGARDING PURCHASING, CONTRACTING AND DISPOSITION OF PROPERTY. NO. 56-90 CITY OF WARNER ROBINS COUNTY OF HOUSTON STATE OF GEORGIA BE IT ORDAINED by the Mayor and Council of the City of Warner Robins that the City Charter is hereby amended as follows: -1- Section 5-401 shall be amended by deleting in their entirety the existing provisions of paragraphs (a) and (b) and inserting the following in lieu thereof: (a) Any contract of the City for sale or purchase of real or personal property or personal service valued at less than One Thousand ($1,000) Dollars shall be negotiated, authorized and executed as directed by the Mayor. (b) Any other contract of the City shall be approved with resolution of the Mayor and Council and shall be negotiated, authorized and executed as directed by ordinance and all contracts for the purchase of equipment, supplies or real property valued at One Thousand ($1,000) Dollars or more shall be negotiated and authorized only after three or more sealed competitive bids thereon have been submitted in writing to the Mayor and Council; provided, however, that such bids shall not be required as to any equipment or supplies purchased on a state contract; that is, at the State price and terms from the vendor who has been awarded the contract for purchases by the
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State of Georgia as to the item being purchased for the year in which the item is being purchased. -2- A new section to be designated as Section 5-301(d) shall be adopted as follows: (d) The adoption of an annual budget for the next fiscal year shall not in itself constitute specific approval for the expenditures identified therein which shall be subject to the requirements of Section 5-401 of the City Charter. -3- BE IT FURTHER ORDAINED that these amendments to the Charter of the City of Warner Robins, having been duly advertised in accordance with the requirements of Official Code of Georgia Annotated 36-35-3, was adopted at a regular meeting of the Mayor and Council of the City of Warner Robins on October 1, 1990, with final adoption at a regular meeting of the Mayor and Council of the City of Warner Robins on October 15, 1990. CITY OF WARNER ROBINS, GEORGIA BY: /s/ Ed Martin ED MARTIN, MAYOR ATTEST: /s/ Clayton P. Mays CLAYTON P. MAYS, CITY CLERK AFFIDAVIT OF PUBLICATION Houston County State of Georgia Personally appeared before me this day Gary McDuffie, Advertising Director of The Daily Sun , 1553 Watson Boulevard, Warner Robins, Georgia 31093, who certifies that the attached
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legal notice was published in The Daily Sun , which has a general circulation in the Warner Robins area, on the following dates: Sunday, September 30, 1990 Sunday, October 7, 1990 This 24 day of September, 1991. /s/ Gary M. McDuffie Advertising Director The Daily Sun 1553 Watson Boulevard Warner Robins, GA 31093 Sworn to and Subscribed before me this 24th day of September, 1991. /s/ Judy Hubert Notary Public Houston County, Georgia MY COMMISSION EXPIRES FEB 7 1993 NOTICE OF CHARTER CHANGE CITY OF WARNER ROBINS The Governing Body of the City of Warner Robins proposes to amend the City Charter by deleting paragraphs (a) and (b) of Chapter 4, Section 5-401 and inserting the following: (a) Any contract of the City for sale or purchase of real or personal service valued at less than One Thousand ($1,000) dollars shall be negotiated, authorized and executed as directed by the Mayor. (This is a change from $5,000 to $1,000) (b) Any other contract of the City shall be approved with resolution of the Mayor and Council and shall be negotiated, authorized and executed as directed by ordinance and all contracts for the purchase of equipment, supplies or real property valued at One Thousand ($1,000) Dollars or more shall be negotiated and
Page 7234
authorized only after three or more sealed competitive bids thereon have been submitted in writing to the Mayor and Council; provided, however, that such bids shall not be required as to any equipment or supplies purchased on a state contract; that is, at the State price and terms from the vendor who has been awarded the contract for purchases by the State of Georgia as to the item being purchased for the year in which the item is being purchased. (This is a change from $5,000 to $1,000) (c) The adoption of an annual budget for the next fiscal year shall not in itself constitute specific approval for the expenditures identified therein which shall be subject to the requirements of Section 5-401 of the City Charter. This proposal amendment is on file at the City Clerk's Office and Clerk of Superior Court for inspection and examination by the Public. Proposed approval date October 15, 1990. Clayton P. Mays, City Clerk City of Warner Robins Filed in the Office of the Secretary of State October 3, 1991. CITY OF WARNER ROBINSPURCHASES OF GOODS OR SERVICES. ORDINANCE AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF WARNER ROBINS, GEORGIA, AMENDING
Page 7235
PART 5, CHAPTER 4 OF THE CITY CHARTER REGARDING PURCHASING, CONTRACTING AND DISPOSITION OF PROPERTY. NO. 63-90 CITY OF WARNER ROBINS COUNTY OF HOUSTON STATE OF GEORGIA BE IT ORDAINED by the Mayor and Council of the City of Warner Robins that the City Charter is hereby amended as follows: -1- A new provision to be designated as paragraph (f) is hereby adopted as an amendment to Section 5-401 of the City Charter as follows: (f) Notwithstanding the limitations contained above, the Mayor and Council are authorized to adopt, by ordinance, exceptions to the bidding requirements of paragraph (b) for purchases by the City of goods or services of one thousand ($1,000.00) dollars or more. -2- If any provisions of this ordinance shall be invalid, such invalidity shall not affect any of the other provisions which can be given effect without the invalid provision, and, to this end, the provisions of this ordinance are declared to be severable. -3- BE IT FURTHER ORDAINED that this amendment to the Charter of the City of Warner Robins, having been duly advertised in accordance with the requirements of Official Code of Georgia Annotated 36-35-3, was adopted at a regular meeting of the Mayor and Council of the City of Warner Robins on November 5, 1990, with final adoption at a regular meeting of the Mayor and Council of the City of Warner Robins on November 19, 1990. CITY OF WARNER ROBINS, GEORGIA
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BY: /s/ Ed Martin ED MARTIN, MAYOR ATTEST: /s/ Clayton P. Mays CLAYTON P. MAYS, CITY CLERK AFFIDAVIT OF PUBLICATION Houston County State of Georgia Personally appeared before me this day H. Thomas Reed, General Manager of The Daily Sun , 1553 Watson Boulevard, Warner Robins, Georgia 31093, who certifies that the attached legal notice was published in The Daily Sun , which has a general circulation in the Warner Robins area, on the following dates: Sunday, November 4, 1990 Sunday, November 11, 1990 Sunday, November 18, 1990 This 19th day of November, 1990. /s/ H. Thomas Reed General Manager The Daily Sun 1553 Watson Boulevard Warner Robins, GA 31093 Sworn to and subscribed before me this 19th day of November, 1990. /s/ Judy Hubert Notary Public, Houston County, Georgia My Commission Expires Feb 7 1993 NOTICE OF CHARTER CHANGE City of Warner Robins
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The governing authority of the City of Warner Robins proposes to amend the City Charter by adopting a new paragraph (f) into Section S-401 of the City Charter as follows: (f) Not with standing the limitations contained above, the Mayor and Council are authorized to adopt, by ordinance, exceptions to the bidding requirements of paragraph (b) for purchases by the City of goods or services of one thousand dollars ($1,000.00) or more. This proposed amendment is on file at the City Clerk's Office and in the office of the Clerk of Superior Court and is available for inspection and examination by the public at either location. The proposed approval date is November 19, 1990. Clayton P. Mays City Clerk City of Warner Robins Filed in the Office of the Secretary of State October 3, 1991. CITY OF CORDELEBUDGETS; AUDITS. ORDINANCE AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CORDELE SO AS TO PROVIDE NEW STANDARDS, REQUIREMENTS AND PROCEDURES FOR BUDGETS AND AUDITS OF THE CITY UNDER AUTHORITY GRANTED BY THE MUNICIPAL HOME RULE ACT OF 1965, O.C.G.A. 36-35-1, ET SEQ., AND IN PARTICULAR, O.C.G.A. 36-35-3 AND 36-35-5. The City Commission of the City of Cordele hereby ordains 1.
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That Sections 4.31, 4.32, 4.33 and 4.34 of the Charter of the City of Cordele are hereby stricken and deleted and new Sections 4.31, 4.32, 4.33 and 4.34 are hereby enacted in their place and stead; Section 4.36 is amended by substitution of the word resolution for the word ordinance therein; and 2. A new Sub-Section 4.39(b) to the Charter of the City of Cordele is hereby enacted, the text of which said new sections is as follows: Section 4.31Preparation of Budget. Annual budgets for the city shall be prepared, submitted to the city commission, reviewed by the public upon notice, and a public hearing conducted, as provided by O.C.G.A. 36-81-5, as the section may be hereafter amended. Section 4.32Budget Adoption. (a) On a date after the conclusion of the hearing required by Section 4.31, the city commission shall adopt a budget resolution making appropriations for the fiscal year in such sums as the city commission may deem sufficient, whether greater or less than the sums presented in the proposed budget. The budget resolution shall be adopted at a public meeting which shall be advertised in accordance with the procedures set forth in O.C.G.A. 36-81-5(c), as the same may hereafter be amended, at least one week prior to the meeting. (b) The budget may be prepared in any form the city commission deems most efficient in enabling it to make the fiscal policy decisions embodied in the budget, but the budget shall show anticipated revenues and appropriations by fund. Section 4.33Budgetary Policy-Making. The City manager, as chief executive of the city, shall exercise the initial policy-making function by this Article. Section 4.34Budget Officer; Duties. The Director of Finance of the city shall serve as Budget Officer and shall exercise
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the administrative functions of budgetary preparation and control. Sub-Section 4.39(b). Audits of the city shall be conducted in the manner prescribed by O.C.G.A. 36-81-7 as presently enacted or as the same may hereafter be amended. 3. As hereby amended, the amended text of Section 4.36 is as follows: Section 4.36Additional Appropriations. The City Commission may by resolution make supplemental appropriations from revenues in excess of those estimated in the budget or make revisions in the operating budget at any regular or special meeting called for such purpose. 4. The following shall be attached to and become a part of this Ordinance: (a) A copy of the public notice of this ordinance appearing in The Cordele Dispatch newspaper; (b) A copy of the Publisher's Affidavit showing that the notice was published in said newspaper and the dates of such publication; and (c) An affidavit of the City Clerk that the requirements of O.C.G.A. 36-35-5 relative to charter amendments have been accomplished and the date thereof. 5. The Charter Amendment hereinbefore enacted shall become effective as provided in O.C.G.A. 36-35-5. INTRODUCED AND READ at the regular meeting of the City Commission of the City of Cordele, Georgia, November 7, 1989.
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PASSED, APPROVED AND ADOPTED by the City Commission of the City of Cordele, Georgia, in regular session, December 19, 1989. APPROVED BY: /s/ Perry M. Culpepper PERRY M. CULPEPPER, Chairman Date: 12/19, 1989 ATTEST: /s/ Steve Fulford CITY CLERK [OFFICIAL SEAL] CERTIFICATION GEORGIA, CRISP COUNTY. This is to certify that the within Ordinance is a true and accurate copy of an Ordinance passed in final form by the City Commission of the City of Cordele, Georgia, on the 19 day of December, 1989, as the same appears upon the Official Records of the said City of Cordele, and that the said Ordinance is now, and has been since said date, in full force and effect. I further certify that I am the lawfully appointed Custodian of the said Official Records of the said City of Cordele. This the 7th day of October, 1991. /s/ Steve Fulford CITY CLERK [OFFICIAL SEAL]
Page 7241
AFFIDAVIT GEORGIA, CRISP COUNTY. Personally appeared before the undersigned officer authorized to administer oaths, Ralph E. Drinnon, who being first duly sworn, deposes and under oath says that he is the Editor of The Cordele Dispatch, a newspaper of general circulation in Cordele, Crisp County, Georgia, and that the advertisement which appears on EXHIBIT A attached hereto and made a part hereof was duly published in said Newspaper on November 23, 30, and December 7, 1989. /s/ Ralph E. Drinnon Affiant Sworn to and subscribed before me, this the 20th day of December, 1989, in the presence of: /s/ Kay B. Langford NOTARY PUBLIC My Commission Expires April 8, 1990 [NOTARIAL SEAL] EXHIBIT A SYNOPSIS OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF CORDELE Pursuant to provisions of O.C.G.A. Section 36-35-3 (b)(1) the City Commission of the City of Cordele hereby publishes a synopsis of proposed amendments to the City Charter, as follows: Certain sections of the Charter relating to budgeting are intended to be deleted and new sections enacted generally under the same section numbers. The new budgetary sections relate to preparation of the budget, budget adoption, budgetary policy, budgetmaking and enforcement responsibility, and appointment of a budget officer. The new sections follow the requirements of
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State Law and will eliminate confusion caused by present budgetary requirements which have developed in State Law. A new sub-section of the charter will govern city audits and will enact requirements of State Law in this regard. FIRST READING. The first reading of an ordinance to amend the charter in the above particulars was heard by the City Commission at its public meeting November 7, 1989. ORDINANCE COPIES. Copies of the proposed ordinance are on file both in the Office of the Clerk of Superior Court of Crisp County and in the Office of the City Clerk of the City of Cordele. Anyone desiring a copy of the ordinance may obtain the same at the Office of the City Clerk, City Hall, Cordele, Georgia. FINAL ADOPTION. This notice will be published once a week for three weeks prior to final adoption of the proposed ordinance amending the charter at the regular meeting of the City Commission on December 19, 1989. CORDELE CITY COMMISSION PERRY M. CULPEPPER, Chairman Nov. 23, 30 Dec. 7 Filed in the Office of the Secretary of State October 10, 1991. CITY OF CORDELECOMMISSION; VETO OF ACTIONS BY CHAIRMAN OR VICE CHAIRMAN, WHEN PRESIDING. ORDINANCE AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CORDELE, GEORGIA PURSUANT TO PROVISIONS OF O.C.G.A. 36-35-3(b)(1).
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The City Commission of the City of Cordele hereby ordains 1. Section 2.32 of the Charter of the City of Cordele presently reads: Section 2.32Quorum; Voting. The Chairman or Vice Chairman and two commission members shall constitute a quorum for the transaction of all city business. The Chairman or the Vice Chairman, if he is presiding, shall be entitled to vote only in case of a tie. A majority of the votes cast shall determine all questions except as otherwise provided in this Charter. Voting, except for procedural motions, shall be by voice, and the ayes and nays shall be recorded in the journal, but any member of the Commission shall have the right to request a roll call vote. 2. Said Section 2.32 is hereby amended to read as follows: Section 2.32Quorum; Voting. The Chairman or Vice Chairman and two commission members shall constitute a quorum for the transaction of all city business. The Chairman or Vice Chairman, when presiding, shall be entitled to veto any action taken by the Commission. Any such veto shall stand until overruled by three votes of the Commission. Voting, except for procedural motions, shall be by voice and the ayes and nays shall be recorded in the journal, but any member of the Commission shall have the right to request a roll call vote. 3. The provisions of O.C.G.A. 36-35-3(b)(1) setting forth procedural requirements for the within municipal charter amendment have been followed and this ordinance can be adopted in final form. 4.
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The City Clerk is directed to file with the Secretary of State a copy of this Ordinance, a copy of the Notice published in The Cordele Dispatch (a newspaper of general circulation in the City of Cordele, Georgia) and an original affidavit of an authorized representative of The Cordele Dispatch that said notice was duly published in said newspaper on September 13, 19, 26, 1991. The City Clerk is further directed to file copies of all the aforesaid documents with the Clerk of the Superior Court of Crisp County. (O.C.G.A. 36-35-5) 5. The effective date of this Ordinance is October 1, 1991. INTRODUCED AND READ at the regular meeting of the City Commission of the City of Cordele, Georgia, August 6, 1991. PASSED, APPROVED AND ADOPTED by the City Commission of the City of Cordele, Georgia, in regular session October 1, 1991. CORDELE CITY COMMISSION /s/ Zack H. Wade ZACK WADE, Chairman Date: October 1, 1991 ATTEST: /s/ Steve Fulford STEVE FULFORD, City Clerk [OFFICIAL SEAL] CERTIFICATION GEORGIA, CRISP COUNTY. This is to certify that the within Ordinance is a true and accurate copy of an Ordinance passed in final form by the City Commission of the City of Cordele, Georgia, on the 1st day of October, 1991, as the same appears upon the Official Records of the said City of Cordele, and that the said Ordinance is now,
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and has been since said date, in full force and effect. I further certify that I am lawfully appointed Custodian of the said Official Records of the said City of Cordele. This the 8th day of May, 1992. /s/ A. Steve Fulford CITY CLERK [OFFICIAL SEAL] AFFIDAVIT GEORGIA, CRISP COUNTY. Personally appeared before the undersigned officer authorized to administer oaths, STEVE SMITH, who being first duly sworn, deposes and states that he is the Publisher of The Cordele Dispatch, a newspaper of general circulation in Cordele, Georgia, who hereby certifies that the Notice (a copy of which is attached) was published in said Newspaper on September 12, 19, 26, 1991. /s/ Steve Smith Sworn to and subscribed before me on this 1st day of October, 1991. /s/ Kay B. Langford NOTARY PUBLIC My Commission Expires April 8, 1994 [NOTARIAL SEAL] NOTICE Pursuant to provisions of O.C.G.A. Section 26-35-3(b)(1) the City Commission of the City of Cordele proposes to amend the Charter of the City of Cordele in the following particulars: Section 2.32 of the charter presently reads as follows:
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Section 2.32 - Quorum; Voting. The Chairman or Vice Chairman and two commission members shall constitute a quorum for the transaction of all city business. The Chairman or the Vice Chairman, if he is presiding, shall be entitled to vote only in case of a tie. A majority of the votes cast shall determine all questions except as otherwise provided in this Charter. Voting, except for procedural motions, shall be by voice and the ayes and nays shall be recorded in the journal, but any member of the Commission shall have the right to request a roll call vote. The City Commission proposes to amend Section 2.32 to read as follows: Section 2.32 - Quorum; Voting. The Chairman or Vice Chairman and two commission members shall constitute a quorum for the transaction of all city business. The Chairman or Vice Chairman, when presiding, shall be entitled to veto any action taken by the Commission. Any such veto shall stand until overruled by three votes of the Commission. Voting, except for procedural motions, shall be by voice and ayes and nays shall be recorded in the journal, but any member of the Commission shall have the right to request a roll call vote. The City Commission voted a first reading of an ordinance to amend the Charter in the above particulars on August 6, 1991, and it intends to enact final passage of the ordinance at its regularly sheduled public meeting October 1, 1991. Copies of the proposed ordinance setting forth the amendment are on file in the Office of the Clerk of the Superior Court of Crisp County. Upon written request the Clerk of the City of Cordele will furnish anyone with a copy of the proposed ordinance. This 6th day of August, 1991. CORDELE CITY COMMISSION Zack Wade, Chairman Sept. 12,19,26,1991 Filed in the Office of the Secretary of State October 21, 1991.
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CITY OF AUBURNCITY CLERK. NO. 135 ORDINANCE The Council of the City of Auburn hereby ordains: That the Charter of the City of Auburn, Georgia, (Ga. L. 1989, P. 5011), is hereby amended by deleting Section 3.13 of Article 3 and replacing said section with the following new Section 3.13: Section 3.13 City Clerk. The City Clerk shall be custodian of the Official City Seal, maintain City Council records required by this Charter, and perform such other duties as may be required by the City Council. The remaining provisions of the Charter of the City of Auburn, Georgia shall remain in full force and effect. This ordinance amending the Charter of the City of Auburn, Georgia is adopted pursuant to O.C.G.A. 36-35-3 and shall become law effective upon its approval at a second regular consecutive meeting of the Mayor and Council and following publication as required by law. IT IS SO ORDAINED. 1st Adoption Approved and adopted by the Mayor and Council of the City of Auburn, Georgia this 5th day of September, 1991. /s/ Al Tracy Mayor /s/ Brian Dunsha Council Member
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AFFIDAVIT BARROW COUNTY, GEORGIA TO WHOM IT MAY CONCERN: This is to certify that the legal notice for: City Charter of Auburn, Ga. has been published in The Winder News, legal organ for Barrow County, Georgia on Aug. 28, 1991, Sept. 4, 1991, and Sept. 11, 1991. Sworn to on this 11th day of September, 1991 /s/ Debbie Burgamy Publisher Sworn to and subscribed to before me on this 11th day of September 1991 /s/ Lura Lee A. Cronic Notary Public My commission expires July 20, 1994. Public Notice The public is hereby notified that an amendment to the Municipal Charter of the City of Auburn, Georgia has been proposed and will be adopted at two consecutive regular meetings of the City Council of Auburn, scheduled for September 5, 1991 and October 3, 1991. This amendment will alter the manner in which the City Clerk of the City of Auburn, Georgia is employed. The proposed amendment has been filed in the Office of the Clerk of the City of Auburn, Georgia and in the Office of the Clerk of the Superior Court of Barrow County. It is available for public inspection in either location. Filed in the Office of the Secretary of State October 28, 1991.
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CITY OF CENTERVILLEMAYOR AND COUNCIL; COMPENSATION. JUNE COUNCIL MEETING June 6, 1989 The regular Council meeting was called to order by Mayor Matt Keene at 7:08 p.m. Present were Councilman Murray, Kennedy, Brown and Wright and City Attorney, Henry Smith. Pledge of Allegiance to the flag of the United States was led by Attorney Smith. Invocation given by Councilman Kennedy. Mayor Keene extended a welcome to all present and stated when business is completed on the Agenda he will listen to business from the audience. Approval of minutes of May 2, 1989 meeting. Motion made by Councilman Murray and seconded by Councilman Keene to accept the minutes as written. Motion carried. DEPT HEAD REPORTS : Fire Dept Report : Read by Asst. Chief Sharpless. Police Dept. Report : Given by Chief Sullivan. Utility Dept. Report : Read by Superintendent Henry Childs. City Clerk's Report : Given by City Clerk, Virginia E. Abbott. OLD BUSINESS : Motion to Increase Elected Officials Salary effective January 1, 1990 : Councilman Murray made the motion that the Salary of Mayor be increased to $400.00 per month, Councilman's Salary be increased to $200.00 per month. Motion seconded by Councilman Kennedy. Motion carried. Georgia, Houston County City of Centerville
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This is to certify that at the regular Council meeting of the City of Centerville on Tuesday, June 6, 1989, after due legal advertisement the governing body of Centerville voted on and passed a motion to increase the salary of the Mayor of Centerville to Four Hundred Dollars ($400.00) per month and Councilman of Centerville to Two Hundred Dollars ($200.00) per month to become effective January 1, 1990. I further certify that the attached document is a true copy of the official minutes of said meeting which included the motion to increase Elected officers salary effective January 1, 1990. I further certify that I am custodian of the records of the City of Centerville. /s/ Virginia E. Abbott VIRGINIA E. ABBOTT CITY CLERK 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, City of Centerville; Letter of Centerville; Letter of Intent was published in The Houston Home Journal on the following dates: 5/17/89, 5/24/89, 5/31/89 6/7/89 This 1 day of November, 1991. /s/ Jim Kerce Ltd Publisher, Houston Home Journal Perry, Georgia Sworn to and ascribed before me this 1 day of November, 1991 /s/ Monika Robert Notary Public, Houston County My commission expires Oct. 16, 1995
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STATE OF GEORGIA COUNTY OF HOUSTON CITY OF CENTERVILLE LETTER OF INTENT Action to increase the salary of the Elective members of the Governing Authority of Centerville. Action to be taken at the June 6, 1989 Council meeting. /s/ Virginia E. Abbott City Clerk City of Centerville 4x5/17-6/7 AFFADAVIT OF PUBLICATION Houston County State of Georgia Personally appeared before me this day H. Tomas Reed, General Manager of THE DAILY SUN, 1553 Watson Boulevard, Warner Robins Georgia 31093, who certifies that the attached legal notice was published in THE DAILY SUN, which has a general circulation in the Warner Robins area, on the following dates: May 17, 1989 May 24, 1989 May 31, 1989 This 1st day of November, 1991 /s/ H. Thomas Reed General Manager Sworn to and subscribed before me this 1st day of November, 1991. /s/ Judy Hubert Notary Public, Houston County, Georgia My Commission Expires Feb. 7, 1993 LETTER OF INTENT:
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Action to increase the salary of the Elective members of the Governing Authority of Centerville. Action to be taken at the June 6, 1989 Council meeting. /s/ Virginia E. Abbott City Clerk City of Centerville Field in the Office of the Secretary of State November 7, 1991.
Page I
APPELLATE COURTS SUPREME COURT OF GEORGIA As of April 1, 1992 HAROLD G. CLARKE Chief Justice CHARLES L. WELTNER Presiding Justice RICHARD BELL Justice ROBERT BENHAM Justice NORMAN S. FLETCHER Justice WILLIS HUNT, JR. Justice LEAH SEARS-COLLINS 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 April 1, 1992 JOHN W. SOGNIER Chief 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 EDWARD H. JOHNSON Judge MARION T. POPE, JR. Judge VICTORIA McLAUGHLIN Clerk GAIL ARCENEAUX Special Deputy Clerk WM. SCOTT HENWOOD Reporter FAYE S. ABBOTT Assistant Reporter
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SUPERIOR COURTS JUDGES, DISTRICT ATTORNEYS, AND CALENDAR As of April 1, 1992 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 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
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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 WILLIAM B. HILL, JR., Judge, 407 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 DON A. LANGHAM, Judge, 816 Fulton County Courthouse, Atlanta, GA 30303 ELIZABETH LONG, Judge, 805 Fulton County Courthouse, Atlanta, GA 30303 THELMA WYATT-CUMMINGS, Judge, 512 Fulton County Courthouse, Atlanta, GA 3030 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 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 J. CARLISLE OVERSTREET, Judge, 305 City-County Building, Augusta, GA 30911 ALBERT McELVEEN PICKETT, Judge, 311 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
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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 C. MICHAEL ROACH, Judge, Cherokee County Courthouse, Suite 20, Canton, GA 30114 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 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
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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. BILL ISON, 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 2, 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 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
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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 PETER J. SKANDALAKIS, 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 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
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FLINT CIRCUIT HONS. WILLIAM H. CRAIG, Chief Judge, Henry County Courthouse, 2nd Floor, McDonough, GA 30253 E. BYRON SMITH, Judge, Lamar County Courthouse, Box 5, 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 FRED A. BISHOP, JR., Judge, Gwinnett Justice and Administration Center, 75 Langley Drive, Lawrenceville, GA 30245 JAMES A. HENDERSON, Judge, Gwinnett Justice and Administration Center, 75 Langley Dr., Lawrenceville, GA 30245 BRYANT HUFF, Judge, P.O. Box 1325, Lawrenceville, GA 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. JOESPH E. LOGGINS, Chief Judge, P.O. Box 464, Summerville, GA 30747 KRISTINA C. CONNELLY, Judge, 128 S. Commerce Street, 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 W. LOUIS SANDS, 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 WashingtonFirst Monday in March, June, September, and December MOUNTAIN CIRCUIT HONS. JACK N. GUNTER, Chief Judge, P.O. Box 485, Clarkesville, GA 30523 ROBERT B. STRUBLE, Judge, P.O. Box 758, Toccoa, GA 30577 MIKE CRAWFORD, D.A., P.O. Box 738, Clarkesville, GA 30523 HabershamJanuary 1 and July 1 RabunJanuary 1 and July 1 StephensJanuary 1 and July 1 TownsJanuary 1 and July 1 UnionJanuary 1 and July 1
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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 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
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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 R. JOSEPH MARTIN, III, 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 PATAULA CIRCUIT HONS. LOWREY S. STONE, Chief Judge, P.O. Drawer 687, Blakely, GA 31723 JOE C. BISHOP, Judge, P.O. Box 856, Dawson, GA 31742 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, Judge, 922 Court Street, Room 210, Conyers, GA 30207 CHERYL FISHER CUSTER, D.A., 303 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
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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 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
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STONE MOUNTAIN CIRCUIT HONS. HILTON FULLER, 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 MICHAEL E. HANCOCK, Judge, 403 DeKalb County Courthouse, Decatur, GA 30030 CAROL W. HUNSTEIN, Judge, 304 DeKalb County Courthouse, Decatur, GA 30030 LINDA WARREN HUNTER, Judge, 505 DeKalb County Courthouse, Decatur, GA 30030 ROBERT P. MALLIS, Judge, 905 DeKalb County Courthouse, Decatur, GA 30030 CLARENCE F. CHUCK SEELIGER, Judge, 801 DeKalb County Courthouse, Decatur, GA 30030 JAMES H. (JIM) WEEKS, Judge, 900 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 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
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TOOMBS CIRCUIT HONS. ROBERT L. STEVENS, Chief Judge, P.O. Box 27, Thomson, GA 30824 E. PURNELL DAVIS II, Judge, P.O. Box 66, Warrenton, GA 30828 DENNIS CARL SANDERS, D.A., P.O. Box 966, Thomson, GA 30824 GlascockThird Monday in February, May, August, and November LincolnFourth Monday in January and July; third Monday in April and October McDuffieSecond Monday in March, June, September, and December TaliaferroFourth Monday in February, May, August, and November WarrenThird Monday in January; first Monday in April, July, and October WilkesFirst Monday in February, May, August, and November WAYCROSS CIRCUIT HONS. ELIE L. HOLTON, Chief Judge, P.O. Box 1205, Douglas, GA 31533 CLARENCE D. BLOUNT, Judge, Ware County Courthouse, Waycross, GA 31501 JOSEPH B. NEWTON, Judge, P.O. Box 1507, Waycross, GA 31502 DONNIE DIXON, D.A., 201 State Street, Waycross, GA 31501 BaconThird Monday in April; second Monday in October BrantleyFourth Monday in January; second Monday in September CharltonFourth Monday in February and September CoffeeThird Monday in March and October PierceFirst Monday in May and December WareFirst Monday in April; second Monday in November WESTERN CIRCUIT HONS. JOSEPH J. GAINES, Chief Judge, P.O. Box 8045, Athens, GA 30603 LAWTON E. STEPHENS, Judge, P.O. Box 8064, 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 Ad valorem taxes; heavy-duty equipment motor vehicles and other motor vehicles; classification 3336 Indigent Care Trust Fund; dedicated revenues; use of funds for health care 3333 Local Acts repealing local amendments to the Constitution 3335 State general obligation debt or guaranteed revenue debt; loans to local government entities or authorities for solid waste recycling or facilities or systems 3329 Tractor, farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and representatives; regulation by General Assembly 3342 Transportation Trust Fund; creation 3339 OFFICIAL CODE OF GEORGIA ANNOTATED Code Section 1-1-10; amended 6 Code Section 1-3-3; amended 2398 Code Section 2-1-5; enacted 2553 Code Section 2-7-113.1; enacted 3162 Code Section 2-9-1; amended 2149 Code Section 2-9-5; amended 2149 Code Section 2-9-11.1; enacted 1282 Code Section 2-9-15; amended 2149 Code Section 2-9-33; amended 2132 Code Section 2-9-38; amended 6 Code Section 2-13-1; amended 3018 Code Section 2-13-4; amended 3018 Code Section 2-13-6; amended 3018 Code Section 2-13-7; amended 3018 Code Section 2-13-8; amended 3018 Code Section 2-13-10; amended 3018 Code Section 2-13-11; amended 3018 Code Section 2-13-12; amended 3018 Code Section 2-13-13; amended 3018 Code Section 2-13-14; amended 3018 Code Section 2-13-15; repealed 3018 Code Section 2-13-16; repealed 3018 Code Section 2-13-17; repealed 3018 Code Section 2-13-21; amended 3018 Code Section 2-14-45; amended 1121 Code Section 2-15-3; amended 6 Code Title 2, Chapter 15; repealed 1507 Code Sections 2-15-1 thru 2-15-4; repealed 1507 Code Section 3-2-13; amended 1458 Code Section 3-2-14; amended 1458 Code Section 3-3-7; amended 2929 Code Section 3-3-7; amended 1214
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Code Section 3-3-20; amended 1694 Code Section 3-3-23; amended 2746 Code Section 3-4-61; amended 1458 Code Section 3-4-90; amended 2929 Code Section 3-4-90; amended 1018 Code Section 3-5-80; amended 6 Code Section 3-8-3; amended 2929 Code Title 3, Chapter 11; enacted 1145 Code Sections 3-11-1 thru 3-11-5; enacted 1145 Code Section 4-6-11; amended 1642 Code Section 4-10-5; amended 993 Code Section 4-11-3; amended 1122 Code Title 4, Chapter 13; enacted 2398 Code Sections 4-13-1 thru 4-13-10; enacted 2398 Code Title 4, Chapter 13; enacted 3214 Code Sections 4-13-1 thru 4-13-10; enacted 3214 Code Section 5-6-43; amended 6 Code Section 5-6-45; amended 6 Code Section 6-2-5.2; enacted 1443 Code Section 6-3-22; amended 1434 Code Title 6, Chapter 4; enacted 1615 Code Sections 6-4-1 thru 6-4-16; enacted 1615 Code Section 7-1-285; amended 6 Code Section 7-1-286; amended 6 Code Section 7-1-293; amended 6 Code Section 7-1-323; amended 6 Code Section 7-3-8; amended 2725 Code Section 7-3-10; amended 2725 Code Title 7, Chapter 7; enacted 1123 Code Sections 7-7-1 thru 7-7-6; enacted 1123 Code Section 8-2-20; amended Vetoed HB 1109 Code Section 8-2-25; amended Vetoed HB 1109 Code Section 8-2-31; amended 2134 Code Section 8-2-104; amended 6 Code Section 8-2-111; amended 1158 Code Section 8-2-116; amended 1158 Code Section 8-2-117; amended 1158 Code Section 8-2-117.1; enacted 1158 Code Section 8-2-120; enacted 1158 Code Section 8-2-121; enacted 1158 Code Section 8-2-131; amended 2750 Code Section 8-2-135; amended 2725 Code Section 8-2-135; amended 2750 Code Title 8, Chapter 2, Article 2, Part 3; enacted 2750 Code Sections 8-2-160 thru 8-2-168; enacted 2750 Code Section 8-3-50; amended 6 Code Section 8-3-50; amended 2059 Code Section 8-3-50; amended 2408 Code Section 8-3-200; amended 1840 Code Section 8-3-201; amended 1840 Code Section 8-3-202; amended 1840
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Code Section 8-3-205; amended 1840 Code Section 8-3-206; amended 1840 Code Section 8-3-213; amended 1840 Code Section 8-3-214; amended 1840 Code Section 8-3-215; amended 1840 Code Section 8-3-216; amended 1840 Code Section 8-3-217; amended 1840 Code Section 9-3-33.1; enacted 2473 Code Section 9-11-37; amended 6 Code Section 9-13-142; amended 1035 Code Section 9-13-161.1; amended 1229 Code Title 10, Chapter 1, Article 10; reenacted 2134 Code Sections 10-1-260 thru 10-1-272; reenacted 2134 Code Title 10, Chapter 1, Article 14; amended 2452 Code Sections 10-1-350 thru 10-1-357; amended 2452 Code Section 10-1-393; amended 2139 Code Section 10-1-393; amended 1129 Code Section 10-1-393.3; amended 6 Code Section 10-1-410; amended 2370 Code Section 10-1-412; amended 2370 Code Section 10-1-413; amended 2370 Code Section 10-1-414; amended 2370 Code Section 10-1-415; amended 2370 Code Section 10-1-416; amended 2370 Code Section 10-1-417; amended 2370 Code Section 10-1-427; amended 1556 Code Section 10-1-432; amended 6 Code Section 10-1-701; amended 1320 Code Section 10-1-702; amended 1320 Code Section 10-1-733; amended 6 Code Section 10-1-811; amended 6 Code Section 10-1-813; amended 6 Code Section 10-1-816; amended 6 Code Title 10, Chapter 1, Article 30; enacted 3256 Code Sections 10-1-830 thru 10-1-836; enacted 3256 Code Section 10-2-5; amended 1278 Code Section 10-4-17; amended 2553 Code Section 10-4-33; enacted 2553 Code Section 10-4-101; amended 1023 Code Section 10-4-213; amended 6 Code Section 10-5-5; amended 6 Code Section 10-9-4; amended 2097 Code Section 10-9-6; amended 6 Code Section 11-1-105; amended 2685 Code Section 11-1-201; amended 2626 Code Section 11-1-201; amended 6 Code Section 11-3-103; amended 2685 Code Section 11-3-603; amended 6 Code Section 11-4-104; amended 2685 Code Title 11, Article 4A; enacted 2685 Code Sections 11-4A-101 thru 11-4A-507; enacted 2685
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Code Section 11-5-114; amended 2626 Code Title 11, Chapter 8, Article 8; amended 2626 Code Sections 11-8-101 thru 11-8-408; amended 2626 Code Section 11-9-103; amended 2626 Code Section 11-9-105; amended 2626 Code Section 11-9-203; amended 2626 Code Section 11-9-302; amended 2626 Code Section 11-9-304; amended 2626 Code Section 11-9-305; amended 2626 Code Section 11-9-309; amended 2626 Code Section 11-9-310; amended 1028 Code Section 11-9-312; amended 2626 Code Section 12-2-2; amended 2234 Code Section 12-2-3; amended 6 Code Section 12-2-6; amended 2328 Code Section 12-2-6; amended 6 Code Section 12-2-8; amended 6 Code Section 12-3-2; amended 6 Code Section 12-3-10; amended 1547 Code Section 12-3-51; amended 6 Code Section 12-3-52; amended 1790 Code Section 12-3-114; amended 6 Code Section 12-3-194; amended 6 Code Section 12-3-235; amended 6 Code Section 12-3-298; amended 6 Code Section 12-3-401; amended Vetoed HB 1767 Code Section 12-3-402; amended Vetoed HB 1767 Code Section 12-3-402; amended 6 Code Section 12-3-403; amended Vetoed HB 1767 Code Section 12-3-403; amended 6 Code Section 12-3-405; amended 6 Code Section 12-3-412; amended Vetoed HB 1767 Code Section 12-3-418; amended Vetoed HB 1767 Code Section 12-3-422; amended Vetoed HB 1767 Code Section 12-3-423; amended 6 Code Section 12-3-425; amended Vetoed HB 1767 Code Section 12-3-471; amended 6 Code Section 12-3-476; amended 6 Code Title 12, Chapter 3, Article 9; enacted 1790 Code Sections 12-3-620 thru 12-3-622; enacted 1790 Code Section 12-4-48; amended 6 Code Section 12-4-72; amended 1098 Code Section 12-4-73; amended 1098 Code Section 12-4-75; amended 1098 Code Section 12-4-77; amended 1098 Code Section 12-4-83; amended 1098 Code Section 12-4-141; amended 6 Code Section 12-5-4; enacted Vetoed SB 618 Code Section 12-5-29; amended Vetoed SB 618 Code Section 12-5-30; amended 6 Code Section 12-5-96; amended 6
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Code Section 12-5-125; amended 6 Code Section 12-5-138; repealed 3137 Code Title 12, Chapter 5, Article 4, Part 2; amended 1362 Code Section 12-5-230 thru 12-5-248; amended 1362 Code Title 12, Chapter 5, Article 4, Part 4; amended 2294 Code Sections 12-5-280, thru 12-5-297; amended 2294 Code Section 12-5-376; amended 1098 Code Section 12-5-380.1; enacted 1314 Code Section 12-5-500; amended 6 Code Title 12, Chapter 5, Article 8; enacted 1896 Code Section 12-5-520 thru 12-5-525; enacted 1896 Code Section 12-6-42; amended 6 Code Section 12-6-63; repealed 3137 Code Title 12, Chapter 6, Article 1, Part 6; enacted 2405 Code Section 12-6-145 thru 12-6-149; enacted 2405 Code Section 12-8-21; amended 3259 Code Section 12-8-22; amended 3276 Code Section 12-8-22; amended 2234 Code Section 12-8-22; amended 3259 Code Section 12-8-23; amended 3259 Code Section 12-8-23; amended 3276 Code Section 12-8-23.1; amended Vetoed HB 1169 Code Section 12-8-23.1; amended 3259 Code Section 12-8-23.1; amended 3276 Code Section 12-8-23.1; amended 2234 Code Section 12-8-23.2; enacted Vetoed HB 1169 Code Section 12-8-24; amended 3276 Code Section 12-8-25.2; amended 3276 Code Section 12-8-26; amended 3276 Code Section 12-8-27; amended 3276 Code Section 12-8-27.1; amended 3259 Code Section 12-8-27.1; amended 3276 Code Section 12-8-30.7; amended 3276 Code Section 12-8-30.8; amended 3276 Code Section 12-8-31.1; amended 3276 Code Section 12-8-33; amended 3276 Code Section 12-8-36; amended 3276 Code Section 12-8-37.1; amended 3259 Code Section 12-8-39; amended 2234 Code Section 12-8-39; amended 3276 Code Section 12-8-39.3; enacted 3276 Code Section 12-8-40.1; amended 3259 Code Section 12-8-40.2; amended 3276 Code Section 12-8-54; amended 3276 Code Section 12-8-58; amended 3276 Code Title 12, Chapter 8, Article 3, Part 1; amended 2234 Code Section 12-8-60 thru 12-8-83; amended 2234 Code Title 12, Chapter 8, Article 3, Part 2; enacted 2234 Code Section 12-8-90 thru 12-8-97; enacted 2234 Code Section 12-8-101; amended 2234 Code Section 12-8-103.1; amended 6
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Code Section 12-8-103.3; enacted Vetoed HB 1169 Code Section 12-8-141; amended 2234 Code Title 12, Chapter 8, Article 7; enacted 2968 Code Sections 12-8-160 thru 12-8-166; enacted 2968 Code Section 12-9-5; amended 6 Code Section 12-9-12; amended 6 Code Section 12-9-22; amended 6 Code Title 12, Chapter 9; amended 2886 Code Section 12-9-1 thru 12-9-25; amended 2886 Code Title 12, Chapter 9, Article 1; amended 918 Code Sections 12-9-1 thru 12-9-24; amended 918 Code Title 12, Chapter 9, Article 2; enacted 918 Code Sections 12-9-40 thru 12-9-57; enacted 918 Code Section 12-11-7; amended 1983 Code Section 12-12-7; amended 6 Code Section 12-12-20; amended 6 Code Section 12-12-24; amended 6 Code Section 12-12-26; repealed 3137 Code Section 12-14-1; amended 6 Code Section 13-8-16; amended 6 Code Section 13-10-1; amended 6 Code Section 13-10-20; amended 2091 Code Section 14-2-151; amended 1180 Code Section 14-3-140; amended 2108 Code Section 14-3-858; amended 6 Code Section 14-3-1022; amended 6 Code Section 14-5-7; amended 1180 Code Section 14-9A-20; amended 6 Code Section 14-10-4; amended 6 Code Title 14, Chapter 11; enacted 1865 Code Section 14-11-1 thru 14-11-19; enacted 1865 Code Section 15-1-9.3; enacted 1112 Code Section 15-5-81; amended 6 Code Section 15-5-82; amended 6 Code Section 15-6-1; amended 1786 Code Section 15-6-2; amended 1786 Code Section 15-6-2; amended 2776 Code Section 15-6-2; amended 1668 Code Section 15-6-2; amended 2067 Code Section 15-6-2; amended 328 Code Section 15-6-3; amended 1786 Code Section 15-6-77; amended 1311 Code Section 15-6-77.2; amended 2046 Code Section 15-6-88; amended 1478 Code Section 15-6-90; amended 1478 Code Section 15-7-21; amended 1257 Code Title 15, Chapter 7, Article 5; enacted 1161 Code Sections 15-7-80 thru 15-7-85; enacted 1161 Code Section 15-9-11.1; amended 2104 Code Section 15-9-16; amended 6 Code Section 15-9-30.4; enacted 1547
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Code Section 15-9-37; amended 6 Code Section 15-9-47; enacted 2479 Code Section 15-9-60; amended 1192 Code Section 15-9-60; amended 6 Code Section 15-9-60; amended 2521 Code Section 15-9-63; amended 1478 Code Section 15-9-65; amended 1478 Code Section 15-9-66; amended 1478 Code Section 15-11-2; amended 1983 Code Section 15-11-3; amended 908 Code Section 15-11-4; amended 1983 Code Section 15-11-17; amended 1983 Code Section 15-11-20; amended 1983 Code Section 15-11-28; amended 2419 Code Section 15-11-33; amended 1983 Code Section 15-11-35; amended 1983 Code Section 15-11-35.1; amended 1983 Code Section 15-11-36; amended 1983 Code Section 15-11-36.1; enacted 2474 Code Section 15-11-37; amended 1983 Code Section 15-11-38; amended 1983 Code Section 15-11-40; amended 1983 Code Section 15-11-41; amended 2184 Code Section 15-11-41; amended 1983 Code Section 15-11-42; amended 1983 Code Section 15-11-49; amended 6 Code Section 15-11-56; amended 1983 Code Section 15-11-56; amended 2137 Code Section 15-11-56; amended 2474 Code Section 15-11-58; amended 1983 Code Section 15-11-59; amended 1983 Code Section 15-12-11; amended 1228 Code Section 15-12-23; amended 1692 Code Section 15-12-160; amended 1981 Code Section 15-12-165; amended 1981 Code Section 15-14-29; amended 6 Code Section 15-15-5; amended 2516 Code Section 15-16-1; amended 2112 Code Section 15-16-10; amended 6 Code Section 15-16-10; amended 1230 Code Section 15-16-20; amended 1478 Code Section 15-16-21; amended 1311 Code Section 15-16-27; amended 1689 Code Section 15-18-14; amended 6 Code Section 15-18-14; amended 1327 Code Section 15-18-17; amended 6 Code Section 15-18-20; amended 1020 Code Section 15-21-94; amended 2065 Code Section 15-21-94; amended 994 Code Title 15, Chapter 21, Article 7; enacted 1836 Code Sections 15-21-110 thru 15-21-115; enacted 1836
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Code Section 16-5-23; amended 2066 Code Section 16-6-4; amended 6 Code Section 16-6-5; amended 2131 Code Section 16-6-5; amended 6 Code Section 16-6-5.1; amended 6 Code Section 16-6-5.1; amended 1940 Code Section 16-6-8; amended 6 Code Section 16-6-13; amended 6 Code Section 16-8-12; amended 6 Code Section 16-8-13; amended 6 Code Section 16-8-16; amended 6 Code Section 16-8-83; amended 6 Code Section 16-8-85; amended 6 Code Section 16-9-31; amended 6 Code Section 16-9-33; amended 6 Code Section 16-9-92; amended 6 Code Section 16-9-94; amended 6 Code Section 16-9-110; amended 6 Code Section 16-10-2; amended 1075 Code Section 16-10-97; amended 6 Code Section 16-11-13; amended 6 Code Section 16-11-39; amended 6 Code Section 16-11-60; amended 6 Code Section 16-11-64; amended 6 Code Section 16-11-100; amended 2552 Code Section 16-11-126; amended 6 Code Section 16-11-127; amended 1315 Code Section 16-11-127.1; enacted 1315 Code Section 16-11-129; amended 6 Code Section 16-11-151; amended 6 Code Section 16-12-4; amended 1654 Code Section 16-12-35; amended 1489 Code Section 16-12-38; amended 6 Code Section 16-12-80; amended 6 Code Section 16-12-120.1; enacted 985 Code Section 16-12-160; amended 2946 Code Section 16-13-2; amended 6 Code Section 16-13-25; amended 1131 Code Section 16-13-26; amended 1131 Code Section 16-13-27; amended 1131 Code Section 16-13-27; amended 6 Code Section 16-13-30; amended 2041 Code Section 16-13-31; amended 2106 Code Section 16-13-32.5; enacted 2043 Code Section 16-13-37; amended 6 Code Section 16-13-46; amended 6 Code Section 16-13-49; amended 6 Code Section 16-13-71; amended 6 Code Section 16-13-71; amended 1131 Code Section 16-14-7; amended 6 Code Title 16, Chapter 15; enacted 3236
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Code Sections 16-15-1 thru 16-15-7; enacted 3236 Code Section 17-3-2.1; enacted 2973 Code Section 17-4-20.1; amended 2939 Code Section 17-5-22; amended 1328 Code Section 17-6-1; amended 1150 Code Section 17-6-1; amended 2527 Code Section 17-6-31; amended 2933 Code Section 17-6-70; amended 2933 Code Section 17-6-70; amended 6 Code Section 17-6-71; amended 2933 Code Section 17-6-72; amended 2933 Code Section 17-7-70.1; enacted 1808 Code Section 17-7-131; amended 1328 Code Section 17-10-1; amended 3221 Code Section 17-10-1.1; amended 2419 Code Section 17-10-3; amended 3221 Code Section 17-10-14; amended 1983 Code Section 17-12-60; amended 1963 Code Title 17, Chapter 12, Article 5; enacted 1963 Code Sections 17-12-90 thru 17-12-97; enacted 1963 Code Section 17-14-14; amended Vetoed HB 1721 Code Section 17-15-3; amended 2426 Code Section 17-15-4; amended 2426 Code Section 17-15-7; amended 2426 Code Section 17-15-8; amended 2426 Code Section 17-15-10; amended 1836 Code Section 19-3-49; enacted 1488 Code Section 19-6-15; amended 1833 Code Section 19-6-29; amended 1264 Code Section 19-6-30; amended 1264 Code Section 19-7-2; amended 1833 Code Section 19-7-44; amended 1833 Code Section 19-7-46.1; enacted 1266 Code Section 19-8-13; amended 6 Code Section 19-8-16; amended 6 Code Section 19-8-16; amended 2505 Code Section 19-8-17; amended 2505 Code Section 19-9-1; amended 1656 Code Section 19-9-5; amended 2135 Code Section 19-11-6; amended 1833 Code Section 19-11-9; amended 1266 Code Section 19-11-23; amended 1833 Code Section 19-11-53; amended 1833 Code Section 19-11-80; amended 6 Code Section 19-13-1; amended 1266 Code Title 19, Chapter 13, Article 3; enacted 1810 Code Sections 19-13-30 thru 19-13-34; enacted 1810 Code Section 19-14-8; amended 6 Code Section 20-2-11; amended 6 Code Section 20-2-34; amended 6 Code Section 20-2-51; amended 2339
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Code Section 20-2-52; amended 6 Code Section 20-2-55; amended 1010 Code Section 20-2-57; amended 1010 Code Section 20-2-64; enacted 1010 Code Section 20-2-64; enacted 1831 Code Section 20-2-80; amended 6 Code Section 20-2-107; amended 6 Code Section 20-2-108; amended 1010 Code Section 20-2-133; amended 1983 Code Section 20-2-142; amended 6 Code Section 20-2-143; amended Vetoed HB 1837 Code Section 20-2-150; amended 2200 Code Section 20-2-151.1; enacted 2519 Code Section 20-2-160; amended 462 Code Section 20-2-160; amended 1335 Code Section 20-2-161.1; enacted 462 Code Section 20-2-161.2; enacted 2772 Code Section 20-2-162; amended 1335 Code Section 20-2-164; amended 6 Code Section 20-2-165; amended 1335 Code Section 20-2-167; amended 6 Code Section 20-2-168; amended 6 Code Section 20-2-184; amended 1500 Code Section 20-2-200; amended 2365 Code Section 20-2-201; amended 2365 Code Section 20-2-218.1; enacted 3164 Code Section 20-2-215; amended 2365 Code Section 20-2-218; amended 6 Code Section 20-2-219; enacted 1501 Code Section 20-2-251; amended 1332 Code Section 20-2-260; amended Vetoed SB 587 Code Section 20-2-260; amended 6 Code Section 20-2-260; amended 3164 Code Section 20-2-260; amended 1335 Code Section 20-2-260; amended 3211 Code Section 20-2-282; amended Vetoed SB 484 Code Section 20-2-293; amended 2103 Code Section 20-2-304; enacted 2331 Code Section 20-2-322.1; enacted 2331 Code Section 20-2-361; amended 6 Code Section 20-2-468; amended 6 Code Section 20-2-540; amended 6 Code Section 20-2-551; amended 6 Code Section 20-2-642; amended 6 Code Title 20, Chapter 2, Article 16, Part 5; enacted Vetoed SB 622 Code Section 20-2-785; enacted Vetoed SB 622 Code Section 20-2-850; amended 6 Code Section 20-2-880; amended 6 Code Section 20-2-983; amended 2365 Code Section 20-2-984; amended 1332 Code Section 20-2-984; amended 2365
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Code Section 20-2-985; amended 2365 Code Section 20-2-986; amended 2365 Code Section 20-2-987; amended 2365 Code Title 20, Chapter 2, Article 17, Part 11; enacted 3303 Code Sections 20-2-989.5 thru 20-2-989.11; enacted 3303 Code Section 20-2-1013; amended Vetoed HB 727 Code Section 20-2-1092; amended 6 Code Section 20-2-1093; amended 6 Code Section 20-2-1160; amended 6 Code Section 20-3-71; amended 6 Code Section 20-3-201; amended 6 Code Section 20-3-202; amended 6 Code Section 20-3-234; amended 6 Code Section 20-3-236; amended 1001 Code Section 20-3-250.2; amended 2615 Code Section 20-3-250.2; amended 1657 Code Section 20-3-250.2; amended 6 Code Section 20-3-250.3; amended 2615 Code Section 20-3-250.3; amended 2198 Code Section 20-3-250.5; amended 1657 Code Section 20-3-250.6; amended 1657 Code Section 20-3-250.6; amended 2615 Code Section 20-3-250.7; amended 1657 Code Section 20-3-250.8; amended 1657 Code Section 20-3-250.9; amended 1657 Code Section 20-3-250.10; amended 1657 Code Section 20-3-250.10A; enacted 2615 Code Section 20-3-250.11; amended 1657 Code Section 20-3-250.11; amended 1005 Code Section 20-3-266; amended 1001 Code Section 20-3-289; amended 6 Code Section 20-3-316; amended 6 Code Section 20-3-316; amended 1001 Code Section 20-3-374; amended 1058 Code Section 20-3-374; amended 6 Code Section 20-3-411; amended Vetoed HB 1287 Code Section 20-3-426; amended 6 Code Section 20-3-430; amended 6 Code Section 20-3-453; amended 6 Code Section 20-3-542; amended 2098 Code Section 20-3-543; amended 2098 Code Section 20-3-613; amended 6 Code Section 20-4-40; amended 2201 Code Section 20-12-3; amended 6 Code Section 20-13-8; amended 6 Code Title 20, Chapter 14; enacted Vetoed SB 587 Code Sections 20-14-1 thru 20-14-7; enacted Vetoed SB 587 Code Section 21-2-3; amended 833 Code Section 21-2-3; amended 335 Code Section 21-2-4; amended 833 Code Section 21-2-4; amended 335
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Code Section 21-2-17; enacted 2590 Code Section 21-2-98; amended 2590 Code Section 21-2-131; amended 2510 Code Section 21-2-140; amended 1612 Code Section 21-2-153; amended 2510 Code Section 21-2-191; amended 1 Code Section 21-2-200; amended 1 Code Section 21-2-211; amended 2051 Code Section 21-2-212; amended 56 Code Section 21-2-213; amended 2048 Code Section 21-2-213; amended 1231 Code Section 21-2-217; amended 1060 Code Section 21-2-233; amended 2345 Code Section 21-2-234; amended 1815 Code Section 21-2-237; amended 56 Code Section 21-2-262; amended 56 Code Section 21-2-327; amended 56 Code Section 21-2-381; amended 1815 Code Section 21-2-382; amended 1208 Code Section 21-2-384; amended 1 Code Section 21-2-384; amended 1815 Code Section 21-2-385; amended 2510 Code Section 21-2-386; amended 1 Code Section 21-2-386; amended 1815 Code Section 21-2-413; amended 1815 Code Section 21-2-452; amended 56 Code Section 21-2-493; amended 1 Code Section 21-2-493; amended 56 Code Section 21-2-497; amended 56 Code Section 21-3-10; amended 1693 Code Section 21-3-105; amended 2510 Code Section 21-3-133; amended 1698 Code Section 21-3-134; amended 1697 Code Section 21-3-135; amended 1815 Code Section 21-3-283; amended 1815 Code Section 21-3-284; amended 1815 Code Section 21-3-285; amended 2510 Code Section 21-3-286; amended 1815 Code Section 21-3-320; amended 1815 Code Section 21-3-380; amended 56 Code Section 21-3-408.1; enacted 2510 Code Title 21, Chapter 3, Article 13; amended 1163 Code Sections 21-3-420 thru 21-3-430; amended 1163 Code Section 21-3-454; amended 56 Code Section 21-3-465; amended 56 Code Section 21-4-7; amended 56 Code Section 21-5-3; amended 1075 Code Section 21-5-6; amended 56 Code Section 21-5-11; enacted 1075 Code Section 21-5-30; amended 1075 Code Section 21-5-30.1; amended 1075
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Code Section 21-5-30.2; amended 56 Code Section 21-5-33; amended 1075 Code Section 21-5-34; amended 1075 Code Section 21-5-40; amended 1075 Code Section 21-5-41; amended 1075 Code Section 21-5-42; amended 1075 Code Section 21-5-43; amended 1075 Code Section 21-5-43.1; enacted 1075 Code Section 21-5-44; amended 1075 Code Section 21-5-45; amended 1075 Code Section 21-5-50; amended 1075 Code Section 21-5-50; amended 56 Code Title 21, Chapter 5, Article 4; enacted 1075 Code Sections 21-5-70 thru 21-5-73; enacted 1075 Code Section 22-2-84; amended 1688 Code Title 24, Chapter 4, Article 4; enacted 2034 Code Sections 24-4-60 thru 24-4-65; enacted 2034 Code Section 24-9-1; amended 6 Code Section 25-2-4; amended 2186 Code Section 25-2-4.1; enacted 2725 Code Section 25-2-12; amended 2186 Code Section 25-2-13; amended 2186 Code Section 25-2-14; amended 2725 Code Section 25-2-14; amended 2186 Code Section 25-2-16; amended 2186 Code Section 25-2-17; amended 2725 Code Section 25-2-17; amended 2186 Code Section 25-2-29; amended 2186 Code Section 25-2-32; amended 2186 Code Section 25-2-32.1; enacted 2186 Code Section 25-2-32.2; enacted 2186 Code Section 25-2-37; amended 2186 Code Section 25-2-40; amended 2186 Code Section 25-3-27; amended 6 Code Section 26-2-4; enacted 1016 Code Section 26-2-21; amended 1174 Code Section 26-2-231; amended 1279 Code Section 26-2-263; amended 6 Code Section 26-2-315; amended 6 Code Section 26-2-370; amended 1174 Code Section 26-2-373; amended 1279 Code Title 26, Chapter 2, Article 14; enacted 1174 Code Sections 26-2-390 thru 26-2-393; enacted 1174 Code Section 26-4-2; amended 6 Code Section 26-4-41; repealed 3137 Code Section 26-4-123; enacted 1307 Code Section 27-1-2; amended 6 Code Section 27-1-2; amended 1636 Code Section 27-1-2; amended 2863 Code Section 27-1-2; amended 1507 Code Section 27-1-3; amended 2391
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Code Section 27-2-21; amended 2863 Code Section 27-2-2; amended 915 Code Section 27-2-17; amended 2863 Code Section 27-2-22.1; amended 2863 Code Section 27-2-23; amended 470 Code Section 27-3-4; amended 2863 Code Section 27-3-10; amended 2391 Code Section 27-3-11; repealed 2391 Code Section 27-3-13; amended 2391 Code Section 27-3-15; amended 6 Code Section 27-3-15; amended 2863 Code Section 27-3-19; amended 2391 Code Section 27-3-26; amended 2391 Code Section 27-3-27; amended 2391 Code Section 27-3-45; amended 2863 Code Section 27-3-48; amended 2391 Code Section 27-3-63; amended 2863 Code Section 27-4-10; amended 1636 Code Section 27-4-11.1; amended 1636 Code Section 27-4-30; amended 1507 Code Section 27-4-34; amended 1636 Code Section 27-4-52; amended 1466 Code Section 27-4-72; amended 470 Code Section 27-4-74; amended 1507 Code Section 27-4-75; amended 1507 Code Section 27-4-76; amended 1507 Code Section 27-4-78; amended 1507 Code Section 27-4-130.1; amended 1651 Code Section 27-4-193; amended 6 Code Title 27, Chapter 4, Article 6; enacted 1507 Code Sections 27-4-251 thru 27-4-263; enacted 1507 Code Section 27-5-5; amended 1636 Code Section 28-1-8; amended 3041 Code Section 28-1-14.1; enacted 2592 Code Section 28-2-1; amended 827 Code Section 28-2-1; amended 133 Code Section 28-2-1; amended 492 Code Section 28-2-2; amended 59 Code Section 28-2-2; amended 693 Code Section 28-5-5; enacted Vetoed SB 410 Code Title 28, Chapter 7; amended 1075 Code Sections 28-7-1 thru 28-7-5; amended 1075 Code Section 28-7-2; amended 6 Code Section 29-4-4.1; amended 2479 Code Section 29-5-13; amended 6 Code Section 29-5-13; amended 2521 Code Section 29-6-6; amended 6 Code Section 30-3-2; amended 2461 Code Section 30-3-3.1; enacted 2461 Code Section 30-3-7; enacted 2461 Code Section 30-5-4; amended 2461
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Code Section 31-1-8; enacted 2120 Code Section 31-2-7; enacted 3308 Code Section 31-3-2; amended 1217 Code Section 31-3-4; amended 3308 Code Section 31-3-4; amended 1204 Code Section 31-3-5.1; amended 3308 Code Section 31-6-21; amended 6 Code Section 31-6-21.1; amended 6 Code Section 31-6-40.2; enacted 1068 Code Section 31-6-45.2; enacted 1068 Code Section 31-6-46; amended 6 Code Section 31-7-12; amended 1392 Code Section 31-7-53; amended 6 Code Section 31-7-176.1; enacted 1392 Code Section 31-7-192; amended 1323 Code Section 31-8-43; amended 6 Code Section 31-8-150; amended 6 Code Section 31-10-9.1; enacted 1270 Code Section 31-10-13; amended 2410 Code Section 31-10-14; amended 2410 Code Section 31-10-15; amended 2758 Code Section 31-10-16; amended 1392 Code Section 31-10-20; amended 2758 Code Section 31-10-31; amended 6 Code Section 31-11-12; enacted 1307 Code Section 31-12-12; amended 1475 Code Section 31-19-5; amended 2089 Code Section 31-19-6; repealed 2089 Code Section 31-20-3; amended 6 Code Section 31-21-5; enacted 1790 Code Section 31-21-5; enacted 992 Code Section 31-21-45; enacted 1790 Code Section 31-23-5; amended 6 Code Section 31-32-1; amended 1926 Code Section 31-32-2; amended 1926 Code Section 31-32-3; amended 1926 Code Section 31-32-4; amended 1926 Code Section 31-32-8; amended 1926 Code Section 31-32-9; amended 1926 Code Section 31-32-11; amended 1926 Code Section 31-37-3; amended 6 Code Section 32-1-7; amended 1236 Code Section 32-6-24; amended 2467 Code Section 32-6-27; amended 1236 Code Section 32-6-28; amended 2467 Code Section 32-6-28; amended 987 Code Section 32-6-51; amended 1504 Code Section 33-2-11; amended 2877 Code Section 33-2-12; amended 2877 Code Section 33-2-14; amended 2877 Code Section 33-2-32; amended 2725
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Code Section 33-3-1; amended 2877 Code Section 33-3-6; amended 1539 Code Section 33-3-7; amended 1539 Code Section 33-3-17; amended 2877 Code Section 33-3-18; amended 2877 Code Section 33-3-21; amended 6 Code Section 33-3-27; amended 6 Code Section 33-4-4; amended 2725 Code Section 33-5-21; amended 6 Code Section 33-5-22; amended 2725 Code Section 33-5-25; amended 6 Code Section 33-5-34; amended 2725 Code Title 33, Chapter 6, Article 1; amended 3048 Code Section 33-6-1 thru 33-6-14; amended 3048 Code Section 33-6-4; amended 996 Code Section 33-6-4; amended 6 Code Section 33-6-5; amended 996 Code Title 33, Chapter 6, Article 2; enacted 3048 Code Sections 33-6-30 thru 33-6-37; enacted 3048 Code Section 33-7-6; amended 2389 Code Section 33-8-1; amended 2725 Code Section 33-8-3; amended 2725 Code Section 33-8-10; amended 6 Code Section 33-9-12; amended 2725 Code Section 33-9-15; amended 2725 Code Section 33-9-18; amended 2725 Code Section 33-9-19; amended 2725 Code Section 33-9-21; amended 2725 Code Section 33-9-38; amended 6 Code Section 33-9-40.1; enacted 1286 Code Section 33-9-42; amended 2464 Code Section 33-9-43; amended 2564 Code Section 33-10-14; amended 2877 Code Section 33-10-15; amended 2877 Code Section 33-11-5; amended 2877 Code Section 33-11-16; amended 2389 Code Section 33-11-25; amended 6 Code Section 33-11-35; amended 6 Code Section 33-11-36; amended 6 Code Section 33-13-1; amended 6 Code Section 33-13-6; amended 2725 Code Section 33-14-10; amended 6 Code Section 33-14-75; amended 6 Code Section 33-14-76; amended 6 Code Section 33-15-24; amended 2725 Code Section 33-16-5; amended 2725 Code Section 33-21-5; amended 6 Code Section 33-21-15; amended 6 Code Section 33-21-17; amended 6 Code Section 33-21-18; amended 6 Code Section 33-21-19; amended 6
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Code Section 33-21-20; amended 6 Code Section 33-21-27; amended 6 Code Section 33-22-3; amended 2725 Code Title 33, Chapter 23, Article 1 and 2; amended 2830 Code Section 33-23-10 thru 33-23-45; amended 2830 Code Section 33-23-10; amended 2725 Code Section 33-23-15; amended 2725 Code Section 33-23-16; amended 2725 Code Section 33-23-69; amended 2725 Code Section 33-23-70; amended 2725 Code Section 33-24-9; amended 2725 Code Section 33-24-10.1; enacted 1184 Code Section 33-24-21.2; enacted 1969 Code Section 33-24-41.1; enacted 2514 Code Section 33-24-54; enacted 1184 Code Section 33-25-10; amended 1293 Code Section 33-29-3.2; amended 1975 Code Section 33-29-19; enacted 1648 Code Section 33-30-4.2; amended 1975 Code Section 33-30-23; amended 1143 Code Section 33-34-6; amended 2464 Code Section 33-35-4; amended 2725 Code Section 33-35-11; amended 6 Code Section 33-36-11; amended 6 Code Section 33-37-27; amended 6 Code Section 33-37-57; amended 6 Code Section 33-39-12; amended 6 Code Section 33-40-2; amended 6 Code Section 33-40-4; amended 2725 Code Section 33-40-15; amended 2725 Code Section 33-40-16; amended 6 Code Title 33, Chapter 43; amended 1395 Code Sections 33-43-1 thru 33-43-9; amended 1395 Code Section 33-43-8; amended 2725 Code Section 33-45-4; amended 2725 Code Section 33-46-5; amended 2725 Code Section 33-46-6; amended 2725 Code Section 33-47-2; amended 2877 Code Section 33-48-2; amended 2877 Code Section 33-48-4; amended 6 Code Title 33, Chapter 52; enacted 1385 Code Sections 33-52-1 thru 33-52-6; enacted 1385 Code Section 34-2-6; amended 1029 Code Section 34-4-4; amended 6 Code Section 34-8-4; amended 6 Code Section 34-8-49; amended 776 Code Section 34-8-70; amended 6 Code Section 34-8-79; amended 6 Code Section 34-8-80; amended 6 Code Section 34-8-81; amended 6 Code Section 34-8-82; amended 6
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Code Section 34-8-84; amended 6 Code Section 34-8-85; amended 6 Code Section 34-8-86; amended 6 Code Section 34-8-92; amended 6 Code Section 34-8-93; amended 6 Code Section 34-8-157; amended 6 Code Section 34-8-175; amended 776 Code Section 34-8-182; amended 6 Code Section 34-8-192; amended 776 Code Section 34-8-195; amended 6 Code Section 34-8-196; amended 776 Code Section 34-8-197; amended 776 Code Section 34-8-197; amended 6 Code Section 34-9-1; amended 1942 Code Section 34-9-11.1; enacted 1942 Code Section 34-9-15; amended 1942 Code Section 34-9-16; amended 1942 Code Section 34-9-18; amended 1942 Code Section 34-9-40.1; enacted 1942 Code Section 34-9-47; amended 1942 Code Section 34-9-48; amended 1942 Code Section 34-9-81.1; amended 1942 Code Section 34-9-102; amended 1942 Code Section 34-9-102; amended 6 Code Section 34-9-104; amended 1942 Code Section 34-9-108; amended 1942 Code Section 34-9-122.1; enacted 2424 Code Section 34-9-133; amended 1942 Code Section 34-9-133; amended 1322 Code Section 34-9-135; enacted 1942 Code Section 34-9-136; enacted 1942 Code Section 34-9-137; enacted 1942 Code Section 34-9-152; amended 2424 Code Section 34-9-177; amended 6 Code Section 34-9-200.1; amended 1942 Code Section 34-9-201; amended 1942 Code Section 34-9-205; amended 6 Code Section 34-9-207; enacted 1942 Code Section 34-9-221; amended 1942 Code Section 34-9-243; amended 1942 Code Section 34-9-261; amended 1942 Code Section 34-9-262; amended 1942 Code Section 34-9-265; amended 1942 Code Section 34-9-363.1; amended 6 Code Title 34, Chapter 10; enacted 1936 Code Sections 34-10-1 thru 34-10-5; enacted 1936 Code Section 34-13-2; amended 6 Code Section 35-1-6; amended 3131 Code Section 35-1-8; amended 6 Code Section 35-1-10; enacted 2939 Code Section 35-2-36; amended 3131 Code Section 34-8-84; amended 6 Code Section 34-8-85; amended 6 Code Section 34-8-86; amended 6 Code Section 34-8-92; amended 6 Code Section 34-8-93; amended 6 Code Section 34-8-157; amended 6 Code Section 34-8-175; amended 776 Code Section 34-8-182; amended 6 Code Section 34-8-192; amended 776 Code Section 34-8-195; amended 6 Code Section 34-8-196; amended 776 Code Section 34-8-197; amended 776 Code Section 34-8-197; amended 6 Code Section 34-9-1; amended 1942 Code Section 34-9-11.1; enacted 1942 Code Section 34-9-15; amended 1942 Code Section 34-9-16; amended 1942 Code Section 34-9-18; amended 1942 Code Section 34-9-40.1; enacted 1942 Code Section 34-9-47; amended 1942 Code Section 34-9-48; amended 1942 Code Section 34-9-81.1; amended 1942 Code Section 34-9-102; amended 1942 Code Section 34-9-102; amended 6 Code Section 34-9-104; amended 1942 Code Section 34-9-108; amended 1942 Code Section 34-9-122.1; enacted 2424 Code Section 34-9-133; amended 1942 Code Section 34-9-133; amended 1322 Code Section 34-9-135; enacted 1942 Code Section 34-9-136; enacted 1942 Code Section 34-9-137; enacted 1942 Code Section 34-9-152; amended 2424 Code Section 34-9-177; amended 6 Code Section 34-9-200.1; amended 1942 Code Section 34-9-201; amended 1942 Code Section 34-9-205; amended 6 Code Section 34-9-207; enacted 1942 Code Section 34-9-221; amended 1942 Code Section 34-9-243; amended 1942 Code Section 34-9-261; amended 1942 Code Section 34-9-262; amended 1942 Code Section 34-9-265; amended 1942 Code Section 34-9-363.1; amended 6 Code Title 34, Chapter 10; enacted 1936 Code Sections 34-10-1 thru 34-10-5; enacted 1936 Code Section 34-13-2; amended 6 Code Section 35-1-6; amended 3131 Code Section 35-1-8; amended 6 Code Section 35-1-10; enacted 2939 Code Section 35-2-36; amended 3131
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Code Section 35-2-42; amended 3131 Code Section 35-2-45; amended 3131 Code Section 35-2-46; amended 3131 Code Section 35-2-47; amended 3131 Code Section 35-2-48; amended 6 Code Section 35-2-48; repealed 3131 Code Section 35-2-56; amended 1310 Code Section 35-2-73; amended 6 Code Section 35-3-33; amended 6 Code Section 35-3-35; amended 1009 Code Section 35-3-36; amended 1022 Code Section 35-4-8; amended 6 Code Section 35-6A-3; amended 1983 Code Section 35-8-9; amended 1004 Code Section 35-8-19; amended 1325 Code Section 35-8-22; enacted 1325 Code Section 36-1-9; amended 1219 Code Section 36-1-16; amended 918 Code Section 36-1-23; amended 3212 Code Section 36-5-22; amended 2341 Code Section 36-5-26; enacted 2122 Code Section 36-6-16.1; amended 2350 Code Section 36-8-1; amended 324 Code Section 36-8-2; amended 324 Code Section 36-9-3; amended 1348 Code Section 36-9-3; amended 1352 Code Section 36-32-7; amended 6 Code Section 36-32-8; amended 918 Code Section 36-32-8; amended 6 Code Section 36-32-10.1; enacted 1281 Code Section 36-34-2; amended 2122 Code Section 36-34-4; amended 6 Code Section 36-35-2; amended 2592 Code Title 36, Chapter 36, Article 1; amended 2592 Code Sections 36-36-1 thru 36-36-9; amended 2592 Code Title 36, Chapter 36, Article 2; amended 2592 Code Sections 36-36-20 thru 36-36-21; amended 2592 Code Title 36, Chapter 36, Article 3; amended 2592 Code Sections 36-36-30 thru 36-36-40; amended 2592 Code Title 36, Chapter 36, Article 4; amended 2592 Code Sections 36-36-50 thru 36-36-61; amended 2592 Code Title 36, Chapter 36, Article 5; amended 2592 Code Section 36-36-70; amended 2592 Code Title 36, Chapter 36, Article 6; enacted 2592 Code Sections 36-36-90 thru 36-36-92; enacted 2592 Code Section 36-37-6; amended 1348 Code Section 36-41-6; amended 6 Code Section 36-42-3; amended 2533 Code Section 36-42-3; amended 6 Code Section 36-42-4; amended 2533 Code Section 36-42-7; amended 2533
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Code Section 36-42-8; amended 2533 Code Section 36-42-8.1; enacted 2533 Code Section 36-42-16; enacted 2533 Code Section 36-43-4; amended 2533 Code Section 36-43-5; amended 2533 Code Section 36-43-6; amended 2533 Code Section 36-44-3; amended 2533 Code Section 36-44-4; amended 2533 Code Section 36-44-6; amended 2533 Code Title 36, Chapter 45, Article 1; amended 1899 Code Sections 36-45-1 thru 36-45-9; amended 1899 Code Title 36, Chapter 45, Article 2; enacted 1899 Code Section 36-45-20; enacted 1899 Code Section 36-60-6; enacted 1553 Code Section 36-61-2; amended 2533 Code Section 36-61-8; amended 2533 Code Section 36-61-9; amended 2533 Code Section 36-61-9; amended 6 Code Section 36-61-17; amended 2533 Code Section 36-61-18; amended 2533 Code Section 36-61-19; amended 2533 Code Section 36-62-2; amended 2533 Code Section 36-62-3; amended 6 Code Section 36-62-4; amended 1157 Code Section 36-62-4; amended 1207 Code Section 36-62-4; amended 1614 Code Section 36-63-4; amended 6 Code Section 36-67-1; amended 2202 Code Section 36-67-4; amended 3017 Code Section 36-70-2; amended 2056 Code Section 36-70-5; amended 2056 Code Section 36-71-2; amended 905 Code Section 36-71-12; amended 905 Code Section 36-71-13; amended 905 Code Section 36-72-2; amended 2508 Code Section 36-72-3; amended 2508 Code Section 36-72-5; amended 1790 Code Section 36-81-8; amended 6 Code Section 36-82-1; amended 2052 Code Section 36-82-4.1; amended 1232 Code Section 36-82-7; amended 6 Code Section 36-82-62; amended 2197 Code Section 36-83-4; amended 6 Code Title 37, Chapter 2, Article 1; amended 1357 Code Sections 37-2-1 thru 37-2-12; amended 1357 Code Title 37, Chapter 2, Article 2; enacted 1357 Code Sections 37-2-30 thru 37-2-34; enacted 1357 Code Section 37-3-1; amended 1902 Code Section 37-3-21; amended 1902 Code Section 37-3-22; amended 6 Code Section 37-3-41; amended 2531
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Code Section 37-3-43; amended 1902 Code Section 37-3-64; amended 1902 Code Section 37-3-65; amended 1902 Code Section 37-3-81; amended 1902 Code Section 37-3-82; amended 1902 Code Section 37-3-90; amended 1902 Code Section 37-3-91; amended 1902 Code Section 37-3-92; amended 1902 Code Section 37-3-93; amended 1902 Code Section 37-3-122; amended 2521 Code Section 37-3-160; amended 1902 Code Section 37-3-162; amended 1902 Code Section 37-4-40; amended 2531 Code Section 37-4-40.2; amended 1902 Code Section 37-7-1; amended 1902 Code Section 37-7-1; amended 6 Code Section 37-7-21; amended 1902 Code Section 37-7-41; amended 2531 Code Section 37-7-43; amended 1902 Code Section 37-7-64; amended 1902 Code Section 37-7-65; amended 1902 Code Section 37-7-81; amended 1902 Code Section 37-7-82; amended 1902 Code Section 37-7-90; amended 1902 Code Section 37-7-91; amended 1902 Code Section 37-7-92; amended 1902 Code Section 37-7-93; amended 1902 Code Section 37-7-160; amended 1902 Code Section 37-7-162; amended 1902 Code Section 37-9-2; amended 6 Code Section 37-9-2; amended 1445 Code Section 37-9-5; amended 6 Code Section 37-9-5; amended 1445 Code Section 37-9-6; amended 1445 Code Section 37-9-7; amended 1445 Code Section 37-9-8; amended 1445 Code Section 37-9-9; amended 1445 Code Section 37-9-12; repealed 1445 Code Section 38-2-130; amended 1258 Code Section 38-2-152; amended 1258 Code Section 38-2-303; amended 6 Code Section 38-3-20; amended 1258 Code Section 38-3-22; amended 1258 Code Section 38-3-27; amended 1258 Code Section 38-3-27; amended 6 Code Section 38-3-50; amended 1258 Code Section 40-2-8; amended Vetoed HB 245 Code Section 40-2-8; amended 2785 Code Section 40-2-32; amended 779 Code Section 40-2-33; amended 779 Code Section 40-2-38; amended 2978
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Code Section 40-2-41; amended 6 Code Section 40-2-42; amended 779 Code Section 40-2-44; amended 2978 Code Section 40-2-60; amended 779 Code Section 40-2-61; amended 779 Code Section 40-2-62; amended 779 Code Section 40-2-63; amended 779 Code Section 40-2-65; amended Vetoed HB 1445 Code Section 40-2-65; amended 3311 Code Section 40-2-65; amended 2785 Code Section 40-2-66; amended 779 Code Section 40-2-67; amended 779 Code Section 40-2-69; amended 1498 Code Section 40-2-75; amended 779 Code Section 40-2-77; amended 779 Code Section 40-2-78; amended Vetoed HB 613 Code Section 40-2-78; amended 779 Code Section 40-2-80; amended 779 Code Section 40-2-83; amended 2978 Code Section 40-2-84; amended 779 Code Section 40-2-84; amended 6 Code Section 40-2-85; amended 779 Code Section 40-2-85.1; amended 2785 Code Section 40-2-85.1; amended 779 Code Section 40-2-86; enacted 2785 Code Section 40-2-88; amended 2978 Code Section 40-3-3; amended 2978 Code Section 40-3-21.1; enacted 779 Code Section 40-3-33; amended Vetoed HB 245 Code Section 40-3-33; amended 2785 Code Section 40-3-35.1; enacted Vetoed HB 245 Code Section 40-3-36; amended 2978 Code Section 40-3-37; amended 2978 Code Section 40-3-38; amended 779 Code Section 40-3-56; amended 2978 Code Section 40-4-2; amended 6 Code Section 40-4-20; amended 6 Code Section 40-5-2; amended 6 Code Section 40-5-21; amended 2785 Code Section 40-5-21; amended Vetoed HB 245 Code Section 40-5-22.1; amended Vetoed HB 245 Code Section 40-5-22.1; amended 2785 Code Section 40-5-25; amended 779 Code Section 40-5-25; amended 6 Code Section 40-5-27; amended 3311 Code Section 40-5-36; amended 1496 Code Section 40-5-53; amended 2785 Code Section 40-5-53; amended Vetoed HB 245 Code Section 40-5-53; amended 1118 Code Section 40-5-54; amended 1284 Code Section 40-5-55; amended 2564
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Code Section 40-5-55; amended 912 Code Section 40-5-57; amended 2755 Code Section 40-5-57; amended 2785 Code Section 40-5-57; amended 1967 Code Section 40-5-57; amended Vetoed HB 245 Code Section 40-5-58; amended Vetoed HB 245 Code Section 40-5-58; amended 779 Code Section 40-5-58; amended 2556 Code Section 40-5-58; amended 2785 Code Section 40-5-62; amended 779 Code Section 40-5-63; amended 2785 Code Section 40-5-63; amended 779 Code Section 40-5-63; amended 2746 Code Section 40-5-63; amended Vetoed HB 245 Code Section 40-5-63; amended 2564 Code Section 40-5-64; amended 779 Code Section 40-5-64; amended 2564 Code Section 40-5-64; amended Vetoed HB 245 Code Section 40-5-64; amended 2785 Code Section 40-5-66; amended 2564 Code Section 40-5-67; amended 2564 Code Section 40-5-67.1; enacted 2564 Code Section 40-5-67.2; enacted 2564 Code Section 40-5-68; amended 779 Code Section 40-5-68; amended 2564 Code Section 40-5-69; amended 2564 Code Section 40-5-70; amended 779 Code Section 40-5-70; amended 6 Code Section 40-5-71; amended 779 Code Section 40-5-71; amended 2785 Code Section 40-5-71; amended 6 Code Section 40-5-71; amended Vetoed HB 245 Code Section 40-5-75; amended 779 Code Section 40-5-75; amended 2785 Code Section 40-5-75; amended Vetoed HB 245 Code Section 40-5-80; amended 2785 Code Section 40-5-80; amended Vetoed HB 245 Code Section 40-5-81; amended 2978 Code Section 40-5-81; amended 2564 Code Section 40-5-81; amended 2785 Code Section 40-5-81; amended Vetoed HB 245 Code Section 40-5-83; amended 2785 Code Section 40-5-83; amended 913 Code Section 40-5-83; amended Vetoed HB 245 Code Section 40-5-84; amended 2785 Code Section 40-5-84; amended Vetoed HB 245 Code Section 40-5-85; repealed 2564 Code Section 40-5-86; amended 2105 Code Section 40-5-86; amended Vetoed HB 245 Code Section 40-5-86; amended 2785 Code Section 40-5-88; amended 2785
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Code Section 40-5-88; amended Vetoed HB 245 Code Section 40-5-100; amended Vetoed HB 245 Code Section 40-5-100; amended 2785 Code Section 40-5-103; amended 779 Code Section 40-5-121; amended 1128 Code Section 40-5-142; amended 6 Code Section 40-5-149; amended 1284 Code Section 40-5-151; amended Vetoed HB 245 Code Section 40-5-151; amended 2785 Code Section 40-5-153; amended 2564 Code Section 40-6-3; amended 2294 Code Section 40-6-11; amended Vetoed HB 245 Code Section 40-6-11; amended 2785 Code Section 40-6-160; amended 2785 Code Section 40-6-160; amended Vetoed HB 245 Code Section 40-6-221; amended 1394 Code Section 40-6-252; amended Vetoed HB 245 Code Section 40-6-252; amended 2785 Code Section 40-6-253.1; amended 982 Code Section 40-6-254; enacted 1967 Code Section 40-6-294; amended 1546 Code Section 40-6-391; amended 2556 Code Section 40-6-391.1; amended 2785 Code Section 40-6-391.1; amended Vetoed HB 245 Code Section 40-6-391.1; amended 2564 Code Section 40-6-392; amended 2564 Code Section 40-6-393; amended 2093 Code Section 40-6-395; amended 6 Code Section 40-8-1; amended 6 Code Section 40-8-6.1; amended 6 Code Section 40-8-22; amended 2785 Code Section 40-8-22; amended Vetoed HB 245 Code Section 40-8-29; amended 6 Code Section 40-8-73.1; amended Vetoed HB 245 Code Section 40-8-73.1; amended 2785 Code Section 40-8-74; amended Vetoed HB 245 Code Section 40-8-74; amended 2785 Code Section 40-8-77; amended 2785 Code Section 40-8-77; amended Vetoed HB 245 Code Section 40-8-90; amended 1287 Code Section 40-8-111; amended 2963 Code Section 40-8-113; amended 6 Code Section 40-8-115; amended 6 Code Title 40, Chapter 8, Article 2, Part 2; repealed 918 Code Sections 40-8-150 thru 40-8-163; repealed 918 Code Section 40-8-220; amended 6 Code Section 40-9-60; amended 6 Code Section 40-11-2; amended 2978 Code Section 40-13-3; amended 1118 Code Section 40-13-3; amended Vetoed HB 245 Code Section 40-13-3; amended 2785
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Code Section 40-13-21; amended 909 Code Section 40-13-21; amended 980 Code Section 40-13-23; amended 2785 Code Section 40-13-23; amended Vetoed HB 245 Code Section 40-13-29; amended Vetoed HB 245 Code Section 40-13-29; amended 2785 Code Section 40-13-30; amended 2785 Code Section 40-13-30; amended Vetoed HB 245 Code Section 40-13-31; amended Vetoed HB 245 Code Section 40-13-31; amended 2785 Code Section 40-13-33; amended Vetoed HB 245 Code Section 40-13-33; amended 2785 Code Section 40-13-50; amended Vetoed HB 245 Code Section 40-13-50; amended 2785 Code Section 40-13-53; amended 2785 Code Section 40-13-53; amended Vetoed HB 245 Code Section 40-13-57; amended 2785 Code Section 40-13-57; amended Vetoed HB 245 Code Section 40-13-60; amended Vetoed HB 245 Code Section 40-13-60; amended 2785 Code Section 40-13-62; amended Vetoed HB 245 Code Section 40-13-62; amended 2785 Code Section 40-14-7; amended Vetoed HB 245 Code Section 40-14-7; amended 2785 Code Section 40-14-8; amended 2785 Code Section 40-14-8; amended Vetoed HB 245 Code Section 40-15-2; amended 6 Code Section 41-2-12; amended 1538 Code Section 42-1-10; enacted 3234 Code Section 42-4-4; amended 2125 Code Title 42, Chapter 4, Article 3; enacted 2125 Code Sections 42-4-50 thru 42-4-51; enacted 2125 Code Title 42, Chapter 4, Article 3; enacted 2942 Code Sections 42-4-50 thru 42-4-51; enacted 2942 Code Section 42-5-2; amended 2125 Code Section 42-5-52; amended 1983 Code Section 42-5-60; amended 6 Code Section 42-5-64; amended 3219 Code Section 42-5-101; enacted 3221 Code Section 42-8-26; amended 3221 Code Section 42-8-34; amended 3221 Code Section 42-8-34.1; amended 3221 Code Section 42-8-35; amended 2125 Code Section 42-8-35; amended 2942 Code Section 42-8-36; amended 6 Code Section 42-8-100; amended 3221 Code Section 42-8-101; amended 3221 Code Section 42-8-102; enacted 1465 Code Section 42-9-21; amended 3221 Code Section 42-9-45; amended 3221 Code Section 42-9-51; amended 3221
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Code Section 43-1-19.1; enacted 2488 Code Title 43, Chapter 2; amended 3137 Code Sections 43-2-1 thru 43-2-5; amended 3137 Code Section 43-3-38; repealed 3137 Code Title 43, Chapter 4, Article 1; amended 3318 Code Sections 43-4-1 thru 43-4-18; amended 3318 Code Section 43-4-14; amended 6 Code Section 43-4-18; repealed 3137 Code Title 43, Chapter 4, Article 2; enacted 3318 Code Sections 43-4-30 thru 43-4-37; enacted 3318 Code Section 43-4A-18; repealed 3137 Code Section 43-5-15; repealed 3137 Code Section 43-6-22.1; amended 2450 Code Section 43-6-26; repealed 3137 Code Section 43-7-2; amended 2765 Code Section 43-7-9; amended 2765 Code Section 43-7-15; repealed 2765 Code Section 43-7-23; amended 2765 Code Section 43-7-27; repealed 3137 Code Section 43-7-27; amended 2765 Code Section 43-9-12; amended 6 Code Section 43-9-20; repealed 3137 Code Section 43-10-12; amended 2490 Code Section 43-10-15; amended 2490 Code Section 43-10-20; repealed 3137 Code Section 43-10-20; amended 2490 Code Section 43-10A-24; repealed 3137 Code Section 43-11-23; repealed 3137 Code Section 43-11-50; amended 2062 Code Section 43-11A-15; amended 6 Code Section 43-11A-18; repealed 3137 Code Section 43-14-1; amended Vetoed HB 1290 Code Section 43-14-2; amended Vetoed HB 1290 Code Section 43-14-2; amended 6 Code Section 43-14-3; amended Vetoed HB 1290 Code Section 43-14-4; amended Vetoed HB 1290 Code Section 43-14-5; amended Vetoed HB 1290 Code Section 43-14-6; amended Vetoed HB 1290 Code Section 43-14-8; amended Vetoed HB 1109 Code Section 43-14-8.4; enacted Vetoed HB 1290 Code Section 43-14-8.4; enacted Vetoed HB 559 Code Section 43-14-15; amended Vetoed HB 1290 Code Section 43-14-16; amended Vetoed HB 1290 Code Section 43-14-18; repealed 3137 Code Section 43-15-2; amended 3297 Code Section 43-15-12; amended 3297 Code Section 43-15-13; amended 3297 Code Section 43-15-20; amended 3297 Code Section 43-15-22; amended 3297 Code Section 43-15-28.1; amended 3297 Code Section 43-15-31; repealed 3137
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Code Section 43-18-1; amended 2762 Code Section 43-18-7; repealed 3137 Code Section 43-18-41; amended 2762 Code Section 43-18-51; amended 2762 Code Section 43-18-54; amended 2762 Code Section 43-18-71; amended 2762 Code Section 43-18-72; amended 2762 Code Section 43-18-79; enacted 2762 Code Section 43-19-28; repealed 3137 Code Section 43-20-19; amended 3316 Code Section 43-20-21; repealed 3137 Code Section 43-23-7; amended 6 Code Section 43-23-20; repealed 3137 Code Section 43-23-20; amended 3161 Code Section 43-24-7; repealed 3137 Code Section 43-26-13; repealed 3137 Code Title 43, Chapter 26, Article 2; amended 2151 Code Sections 43-26-30 thru 43-26-43; amended 2151 Code Section 43-26-36; amended 6 Code Section 43-26-39; repealed 3137 Code Section 43-27-2; amended 2770 Code Section 43-27-12; amended 2770 Code Section 43-27-12; repealed 3137 Code Section 43-28-17; repealed 3137 Code Section 43-29-18; amended 6 Code Section 43-29-22; repealed 3137 Code Section 43-30-15; repealed 3137 Code Section 43-33-3; amended 2434 Code Section 43-33-5; amended 2434 Code Section 43-33-6; amended 2434 Code Section 43-33-10; amended 2434 Code Section 43-33-11; amended 2434 Code Section 43-33-12; amended 2434 Code Section 43-33-13; amended 2434 Code Section 43-33-13.1; enacted 2434 Code Section 43-33-15; amended 2434 Code Section 43-33-16; amended 2434 Code Section 43-33-17; amended 2434 Code Section 43-33-18; amended 2434 Code Section 43-33-21; repealed 3137 Code Section 43-33-21; amended 2434 Code Section 43-34-1; amended 2062 Code Section 43-34-2; repealed 3137 Code Section 43-34-21; amended 2062 Code Section 43-34-21; amended 1153 Code Section 43-34-27; amended 2062 Code Section 43-34-37; amended 6 Code Section 43-34-126; amended 1634 Code Section 43-34-151; amended 6 Code Section 43-35-13.1; enacted 2136 Code Section 43-35-14; repealed 3137
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Code Section 43-36-22; repealed 3137 Code Section 43-38-11; amended 6 Code Section 43-38-17; repealed 3137 Code Section 43-39-1; amended 6 Code Section 43-39-20; amended 2769 Code Section 43-39-20; repealed 3137 Code Title 43, Chapter 39A; amended 1402 Code Sections 43-39A-1 thru 43-39A-27; amended 1402 Code Section 43-39A-27; repealed 3137 Code Section 43-40-20; amended 1541 Code Section 43-40-25; amended 1541 Code Section 43-40-25; amended 1402 Code Section 43-40-32; repealed 3137 Code Section 43-44-3; amended 3316 Code Section 43-44-3; amended 1494 Code Section 43-44-3; amended 6 Code Section 43-44-6; amended 1494 Code Section 43-44-7; amended 1494 Code Section 43-44-7; amended 3316 Code Section 43-44-8; amended 6 Code Section 43-44-10.1; enacted 1494 Code Section 43-44-17; repealed 3137 Code Section 43-45-26; repealed 3137 Code Section 43-47-8; amended 2450 Code Section 43-47-16; repealed 3137 Code Section 43-48-6; amended 2470 Code Section 43-48-7; amended 2470 Code Section 43-48-8; amended 2470 Code Section 43-48-16; amended 2470 Code Section 43-48-17.1; enacted 2470 Code Section 43-48-21; repealed 3137 Code Section 43-50-3; amended 6 Code Section 43-50-4; repealed 3137 Code Section 43-51-6; amended 2518 Code Section 43-51-15; repealed 3137 Code Section 44-1-14; amended 6 Code Section 44-2-103; amended 6 Code Section 44-2-210; amended 1311 Code Section 44-2-228; amended 6 Code Section 44-2-237; amended 6 Code Section 44-2-239; amended 6 Code Section 44-2-248; amended 6 Code Section 44-3-135; amended 2397 Code Section 44-3-137; amended 6 Code Section 44-3-147; amended 6 Code Section 44-3-172; amended 6 Code Section 44-3-176; amended 6 Code Title 44, Chapter 5, Article 6; amended 2946 Code Sections 44-5-140 thru 44-5-151; amended 2946 Code Section 44-5-150; amended 6 Code Title 44, Chapter 10, Article 1; amended 2227
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Code Sections 44-10-1 thru 44-10-8; amended 2227 Code Section 44-12-130; amended 3245 Code Section 44-12-131; amended 3245 Code Section 44-12-138; enacted 3245 Code Section 44-12-193; amended 1237 Code Section 44-12-196; amended 1237 Code Section 44-12-197; amended 1237 Code Section 44-12-198; amended 1237 Code Section 44-12-199; amended 1237 Code Section 44-12-200; amended 1237 Code Section 44-12-201; amended 1237 Code Section 44-12-202; amended 1237 Code Section 44-12-203; amended 1237 Code Section 44-12-204; amended 1237 Code Section 44-12-205; amended 1237 Code Section 44-12-206; amended 1237 Code Section 44-12-207; amended 1237 Code Section 44-12-208; amended 1237 Code Section 44-12-211; amended 1237 Code Title 44, Chapter 12, Article 7, Part 1; enacted 1790 Code Sections 44-12-260 thru 44-12-264; enacted 1790 Code Title 44, Chapter 12, Article 7, Part 2; enacted 1790 Code Sections 44-12-280 thru 44-12-285; enacted 1790 Code Section 44-14-403; amended 3245 Code Section 44-14-472; amended 6 Code Section 44-14-511; amended 6 Code Section 44-14-611; amended 6 Code Section 45-2-1; amended 1138 Code Section 45-2-21; amended 2087 Code Section 45-5-3.1; enacted 1006 Code Section 45-7-4; amended 6 Code Section 45-7-9; amended 2966 Code Section 45-9-4; amended 2966 Code Section 45-9-81; amended 1983 Code Section 45-12-203; amended 6 Code Section 45-12-203; amended 2039 Code Section 45-12-204; amended 2039 Code Section 45-12-205; amended 2039 Code Section 45-13-22; amended 2431 Code Section 45-13-28; enacted 2530 Code Section 45-16-1; amended 1436 Code Section 45-16-6; amended 1436 Code Section 45-16-21; amended 1436 Code Section 45-16-21; amended 6 Code Section 45-16-80; amended 6 Code Section 45-17-2.3; amended 6 Code Title 45, Chapter 18, Article 5; enacted 2100 Code Sections 45-18-80 thru 45-18-81; enacted 2100 Code Section 45-18-52; amended 2111 Code Section 45-19-22; amended 1828 Code Section 45-19-23; amended 1828
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Code Section 45-19-24; amended 1828 Code Section 45-19-27; amended 6 Code Section 45-19-27; amended 1828 Code Section 45-19-44; amended 6 Code Section 45-20-2; amended Vetoed SB 17 Code Section 45-20-3.1; amended 6 Code Section 45-22-7; amended 6 Code Title 45, Chapter 24; enacted 1855 Code Sections 45-24-1 thru 45-24-9; enacted 1855 Code Section 46-1-2; amended 6 Code Section 46-2-5; amended 2335 Code Section 46-2-20; amended 1647 Code Section 46-2-23; amended 6 Code Section 46-2-25.2; enacted 480 Code Section 46-2-26.3; amended 6 Code Section 46-2-91; amended 1640 Code Section 46-2-94; enacted 1640 Code Section 46-3-32; amended 6 Code Title 46, Chapter 3, Article 1, Part 2; amended 2141 Code Sections 46-3-30 thru 46-3-40; amended 2141 Code Section 46-3-136; amended 6 Code Section 46-3-322; amended 6 Code Section 46-3-323; amended 6 Code Section 46-4-84; amended 1055 Code Section 46-4-85; amended 6 Code Section 46-4-101; amended 6 Code Section 46-4-118; amended 6 Code Section 46-5-136; amended 1645 Code Section 46-5-142; amended 6 Code Section 46-6-8; amended 2195 Code Section 46-7-39; repealed 1179 Code Section 46-10-3; amended 6 Code Section 47-2-70.1; enacted 2176 Code Section 47-2-92; amended 1110 Code Section 47-2-110; amended 2178 Code Section 47-2-121; amended 2975 Code Section 47-2-121; amended 1141 Code Section 47-2-125; amended 1108 Code Section 47-2-181; amended 1110 Code Section 47-2-204; enacted 1151 Code Section 47-2-244; amended 477 Code Section 47-2-266; amended 477 Code Section 47-2-266; amended 2995 Code Section 47-2-296; amended 2344 Code Section 47-2-320; enacted 2117 Code Section 47-2-334; amended 1151 Code Section 47-3-1; amended 2182 Code Section 47-3-60; amended 477 Code Section 47-3-62; amended 2182 Code Section 47-3-63; amended 2528 Code Section 47-3-81; amended 1105
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Code Section 47-3-82; amended 1347 Code Section 47-3-85; amended 1105 Code Section 47-3-90; amended 1610 Code Section 47-3-101; amended 2476 Code Section 47-3-102; enacted 1301 Code Section 47-3-120; amended 2476 Code Section 47-3-121; amended 1554 Code Section 47-3-122; amended 2180 Code Section 47-4-101; amended 1154 Code Section 47-5-1; amended 989 Code Section 47-5-2; amended 989 Code Section 47-5-30; amended 477 Code Section 47-6-41; amended 477 Code Section 47-6-84; amended 2748 Code Section 47-7-1; amended 477 Code Section 47-7-20; amended 477 Code Section 47-7-61; amended 1298 Code Section 47-7-82; amended 2525 Code Section 47-7-84; enacted 2358 Code Section 47-7-100; amended 3010 Code Section 47-7-126; amended 477 Code Section 47-8-42; amended 477 Code Section 47-9-41.1; amended 1303 Code Section 47-10-82; amended 1112 Code Section 47-10-100; amended 2102 Code Section 47-10-107; amended 1112 Code Section 47-10-108; enacted 1331 Code Title 47, Chapter 10, Article 8; enacted 1112 Code Sections 47-10-130 thru 47-10-132; enacted 1112 Code Section 47-11-21; amended 1037 Code Section 47-11-40; amended 1037 Code Section 47-11-70; amended 1037 Code Section 47-11-71; amended 2147 Code Section 47-11-71; amended 1037 Code Section 47-11-71.1; amended 1037 Code Section 47-11-72; amended 1037 Code Section 47-11-73; amended 1037 Code Section 47-12-42; amended 2361 Code Section 47-13-2; amended 2355 Code Section 47-13-40; amended 477 Code Section 47-13-40; amended 2355 Code Section 47-13-40.1; amended 1024 Code Section 47-13-61; enacted 2355 Code Section 47-14-50; amended 2348 Code Section 47-16-84; enacted 2523 Code Section 47-17-1; amended 477 Code Section 47-17-1; amended 1983 Code Section 47-17-40; amended 1491 Code Section 47-17-44; amended 1139 Code Title 47, Chapter 22; enacted 1288 Code Sections 47-22-1 thru 47-22-11; enacted 1288
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Code Section 48-1-2; amended 1441 Code Section 48-2-18; amended 1346 Code Section 48-2-32; amended 1234 Code Section 48-2-35; amended 1458 Code Section 48-4-64; amended 1355 Code Section 48-5-2; amended 1008 Code Section 48-5-7; amended 6 Code Section 48-5-7.2; amended 6 Code Section 48-5-7.3; amended 6 Code Section 48-5-7.3; amended 1502 Code Section 48-5-7.4; amended 6 Code Section 48-5-13; repealed 2411 Code Section 48-5-15; amended 1643 Code Section 48-5-16; amended 2480 Code Section 48-5-18; amended 1188 Code Section 48-5-20; amended 1643 Code Section 48-5-24; amended 1218 Code Section 48-5-24; amended 1690 Code Section 48-5-40; amended 2058 Code Section 48-5-45; amended 1190 Code Section 48-5-48.1; amended 2482 Code Section 48-5-48.2; amended 2482 Code Section 48-5-48.2; amended Vetoed HB 198 Code Section 48-5-103; amended 2411 Code Section 48-5-121; amended 2411 Code Section 48-5-127; amended 2411 Code Section 48-5-136; repealed 2411 Code Section 48-5-136; amended 6 Code Section 48-5-140; amended 2411 Code Section 48-5-148; amended 1211 Code Section 48-5-148; amended 1189 Code Section 48-5-183; amended 1478 Code Section 48-5-206; amended 2411 Code Section 48-5-301; amended 1187 Code Section 48-5-302; amended 1191 Code Section 48-5-311; amended 1678 Code Section 48-5-311; amended 2352 Code Section 48-5-341; amended 2494 Code Section 48-5-342; amended 2494 Code Section 48-5-342.1; enacted 2494 Code Section 48-5-343; amended 2494 Code Section 48-5-344; amended 2494 Code Section 48-5-345; amended 2494 Code Section 48-5-346; amended 2494 Code Section 48-5-348; amended 2494 Code Section 48-5-349.2; amended 2494 Code Section 48-5-349.5; amended 6 Code Section 48-5-353; amended 1226 Code Section 48-5-354; amended 1226 Code Section 48-5-440; amended 1551 Code Section 48-5-491; amended 2411
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Code Section 48-5-492; amended 2411 Code Section 48-5-492; amended 1683 Code Section 48-5-493; amended 2411 Code Section 48-5-494; amended 2411 Code Section 48-5-494; amended 1684 Code Title 48, Chapter 5, Article 10, Part 4; enacted 1551 Code Sections 48-5-500 thru 48-5-501; enacted 1551 Code Section 48-6-22; amended 1183 Code Section 48-6-73; amended 1686 Code Section 48-6-76; amended 6 Code Section 48-7-1; amended Vetoed HB 1377 Code Section 48-7-27; amended 2977 Code Section 48-7-27; amended 1296 Code Section 48-7-30; amended Vetoed HB 1377 Code Section 48-7-40; amended 2031 Code Section 48-7-100; amended Vetoed HB 1377 Code Section 48-7-101; amended 1296 Code Section 48-7-102; amended 1296 Code Section 48-7A-2; amended 6 Code Section 48-8-2; amended 1521 Code Section 48-8-3; amended 1276 Code Section 48-8-3; amended 3173 Code Section 48-8-3; amended 1521 Code Section 48-8-30; amended 6 Code Section 48-8-50; amended 815 Code Section 48-8-85; amended Vetoed HB 198 Code Section 48-8-87; amended 815 Code Section 48-8-111; amended 2998 Code Section 48-8-111; amended 6 Code Section 48-8-111; amended Vetoed HB 198 Code Section 48-8-113; amended 815 Code Section 48-8-113; amended 2998 Code Section 48-8-117; amended 6 Code Section 48-8-121; amended 2998 Code Section 48-9-10; amended 2095 Code Section 48-9-12; amended 6 Code Section 48-9-14; amended 815 Code Section 48-9-30; amended 2095 Code Section 48-9-38; amended 2095 Code Section 48-10-2; amended 6 Code Section 48-10-2; amended 779 Code Section 48-10-2.1; amended 779 Code Section 48-10-3; amended 779 Code Section 48-10-3; amended 2978 Code Section 48-10-6; amended 779 Code Section 48-13-51; amended 3035 Code Section 48-13-52; amended 815 Code Section 48-14-3; amended 6 Code Title 48, Chapter 16; enacted 1249 Code Sections 48-16-1 thru 48-16-12; enacted 1249 Code Title 48, Chapter 16; enacted 1521
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Code Sections 48-16-1 thru 48-16-14; enacted 1521 Code Section 49-1-9; enacted 3241 Code Section 49-2-2; amended Vetoed HB 1162 Code Section 49-2-12; amended 6 Code Section 49-4-101; amended 3044 Code Section 49-4-102.1; enacted 3044 Code Section 49-4-108; amended 6 Code Section 49-4-110; enacted 2772 Code Section 49-4-146.2; enacted 1048 Code Section 49-4-149.1; amended 6 Code Title 49, Chapter 4A; enacted 1983 Code Sections 49-4A-1 thru 49-4A-12; enacted 1983 Code Section 49-5-3; amended 1983 Code Section 49-5-6; amended 1983 Code Section 49-5-7; amended 1983 Code Section 49-5-8; amended 1983 Code Section 49-5-10; repealed 1983 Code Section 49-5-10.1; amended 1983 Code Section 49-5-11; repealed 1983 Code Section 49-5-12; amended 6 Code Section 49-5-60; amended 6 Code Section 49-5-130; amended 1983 Code Section 49-5-154; amended 1983 Code Section 49-5-155; amended 1983 Code Section 49-5-207; amended 6 Code Section 49-5-225; amended 1983 Code Section 49-6-62; amended 6 Code Section 50-3-66; enacted 1633 Code Section 50-3-66; enacted 2391 Code Section 50-3-66; enacted 2363 Code Section 50-5-8; amended 6 Code Section 50-5-79; amended 6 Code Section 50-5-124; amended 6 Code Section 50-5-184; amended 1444 Code Title 50, Chapter 5, Article 5, Part 3; enacted 480 Code Sections 50-5-190 thru 50-5-202; enacted 480 Code Section 50-6-24.1; enacted Vetoed SB 410 Code Section 50-8-35; amended 2108 Code Section 50-8-36; amended 1271 Code Title 50, Chapter 8, Article 3; enacted 1271 Code Sections 50-8-60 thru 50-8-67; enacted 1271 Code Section 50-8-101; amended 6 Code Section 50-8-150; amended 988 Code Title 50, Chapter 8, Article 7; repealed 2829 Code Sections 50-8-170 thru 50-8-176; repealed 2829 Code Title 50, Chapter 12, Article 5; amended 820 Code Sections 50-12-80 thru 50-12-87; amended 820 Code Section 50-12-25; amended 6 Code Section 50-13-2; amended 6 Code Section 50-13-10; amended 6 Code Section 50-14-1; amended 1061
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Code Section 50-14-3; amended 1061 Code Section 50-14-5; amended 1061 Code Section 50-16-34; amended 6 Code Section 50-16-183; amended 6 Code Section 50-17-51; amended 6 Code Section 50-17-51; amended 1247 Code Section 50-17-52; amended 1247 Code Section 50-17-53; amended 1247 Code Section 50-17-67; amended 1247 Code Section 50-18-52; amended 6 Code Section 50-18-70; amended 2829 Code Section 50-18-70; amended 1545 Code Section 50-18-70; amended 1061 Code Section 50-18-71; amended 1061 Code Section 50-18-71.1; enacted 1061 Code Section 50-18-72; amended 1061 Code Section 50-18-73; amended 1061 Code Section 50-18-74; repealed 1061 Code Section 50-20-7; amended 904 Code Title 50, Chapter 21, Article 2; enacted 1883 Code Sections 50-21-20 thru 50-21-36; enacted 1883 Code Section 50-23-4; amended 6 Code Section 50-23-5; amended 6 Code Section 50-23-5; amended 2316 Code Section 50-23-14; amended 6 Code Section 50-25-6; enacted 1431 Code Title 50, Chapter 25; amended 1431 Code Sections 50-25-6 thru 50-25-12; amended 1431 Code Title 50, Chapter 27; enacted 3173 Code Sections 50-27-1 thru 50-27-34; enacted 3173 Code Section 51-6-3; amended 6 Code Section 51-12-31; amended 6 Code Title 52, Chapter 1, Article 1; enacted 2317 Code Sections 52-1-1 thru 52-1-10; enacted 2317 Code Title 52, Chapter 1, Article 2; enacted 2317 Code Sections 52-1-30 thru 52-1-39; enacted 2317 Code Section 52-2-5; amended 1014 Code Section 52-2-10; amended 6 Code Section 52-7-3; amended 998 Code Section 52-7-5; amended 998 Code Section 52-7-5; amended 6 Code Section 52-7-5; amended 470 Code Section 52-7-8; amended 2075 Code Section 52-7-8.1; amended 6 Code Section 52-7-8.1; amended Vetoed SB 618 Code Section 52-7-8.2; enacted 2075 Code Section 52-7-12; amended 2075 Code Section 52-7-13; amended 998 Code Section 53-4-2; amended 6 Code Section 53-5-2; amended 6 Code Section 53-6-24; amended 983
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Code Section 53-8-2; amended 1438 Code Section 53-8-9; amended 1438 Code Section 53-12-231; amended 1053 Code Section 53-12-232; amended 1438 COURTS SUPERIOR COURTS Assistant district attorneys; LL.M. degree; redefined 1327 Atlanta Judicial Circuit; assistant district attorneys; compensation 5556 Bail; delegation of authority to set; exceptions; limitation; revocation 2527 Bailable offenses 1150 Catoosa County; clerk; clerical help 6366 Clayton County; district attorney; salary supplement 5409 Clayton County; judges; salary supplement 6148 Clayton Judicial Circuit; district attorney; salary supplement 5409 Clayton Judicial Circuit; judges; salary supplement 6148 Clerk; retirement fund payments 2348 Clerks; fees in certain counties 2046 Clerks; salaries; minimum; longevity; cost-of-living 1478 Clerk's authority in certain counties to attend probate court in traffic cases repealed 980 Clerks in certain counties; compensation 1220 Conasauga Judicial Circuit; district attorney; investigator's power of arrest 6352 DeKalb County; judges; salary supplements 6269 District attorneys; staff; victim and witness assistance personnel 1020 Dougherty Judicial Circuit; additional judge 2776 Eminent domain; superior court of certain counties; to fix assessors' costs 1688 Enotah Judicial Circuit; created 1786 Felony trials; jury panel; peremptory challenges 1981 Flint Judicial Circuit; additional judge 1668 Georgia Safe Dams Act of 1978; final orders field in superior court of county 1314 Griffin Judicial Circuit; additional judge 2067 Indigent defense in criminal cases in certain counties 2054 Judges; marriage ceremonies; tips for conducting 1488 Judicial Council of Georgia; employees; creditable service; Employees' Retirement System of Georgia 1151 Jury clerk and other personnel in certain counties 1692 Jury clerk and other personnel in certain counties 1228 Land registration and recording transactions; sheriffs' fees 1311 Lookout Mountain Judicial Circuit; additional judge 328 Lookout Mountain Judicial Circuit; district attorney; personnel; compensation; budget 6649 McIntosh County; terms 1205 Richmond County; judges; district attorney; clerk; sheriff; compensation 6068 Senior judges; state courts; juvenile courts 1112 Sheriffs; clerks' recording fees 1311 Stone Mountain Judicial Circuit; judges; salary supplement 6269 Talbot County; clerk; compensation 5554
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Tallapoosa Judicial Circuit; additional judge 2776 Twiggs County; clerk; compensation; benefits; personnel 5149 Victim impact statements 2419 Walker County; clerk; personnel 5403 JUVENILE COURTS Bibb County; intake and probation services; transfer 5600 Council of Juvenile Court Judges; employees; creditable service; Employees' Retirement System of Georgia 1151 Delinquent or unruly children; disposition orders; periodic reviews 2184 Judges; marriage ceremonies; tips for conducting 1488 Judges; practice of law; judicial circuits of 160,000 or more 908 Judges' minimum salary in certain counties 2049 Juvenile proceedings; counseling; procedures and expenses 2474 Senior judges 1112 Victim impact statements 2419 PROBATE COURTS Bartow County; judge; nonpartisan elections 6284 Chief clerk; assumption of duties; compensation 2104 Costs in certain counties 1192 Guardianships; medical insurance 2479 Hearings; compensation to physician or psychologist 2521 Judges; marriage ceremonies; tips for conducting 1488 Judges; salaries; minimum; longevity; cost-of-living 1478 Judges' minimum salary in certain counties 2049 Judges of the Probate Courts Retirement Fund of Georgia; board employees; fund membership and benefits 1037 Judges of the Probate Courts Retirement Fund of Georgia; certain persons; annual cost-of-living benefits 2147 Jurisdiction; prohibited acts in parks and recreation areas 1547 Mental health hearings; expenses 2521 Monroe County; jurisdiction 5568 Open defaults 2479 Superior court clerk's authority in certain counties to attend probate court in traffic cases repealed 980 Talbot County; judge placed on annual salary 5340 Taylor County; judge serving as chief magistrate; compensation 5407 Traffic violations; repeal of requirement that clerk attend court in certain counties 909 Twiggs County; judge; compensation; benefits; personnel 5145 Walker County; personnel 5401 STATE COURTS Athens-Clarke County; solicitor; compensation 5357 Carroll County; solicitor; compensation; practice of law; expenses 6948 Clarke County; State Court of Athens-Clarke County; solicitor; compensation 5357
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Clerks; designation of chief deputy by candidates in certain counties 2590 Fees in certain counties; volunteer legal service agencies 1056 Fulton County; former municipal court; costs and fees 6045 Hall County; associate judge 5414 Indigent defense in criminal cases in certain counties 2054 Judges; marriage ceremonies; tips for conducting 1488 Judges; residency requirements 1257 Provide municipal court services; contracts; procedures 1161 Putnam County; judge; solicitor; compensation; clerical assistants; health insurance; pensions Vetoed SB 343 Richmond County; judge and solicitor; clerk; compensation 6068 Senior judges 1112 Trial Judges and Solicitors Retirement Fund; members over 70 years of age; retirement 2102 Victim impact statements 2419 Worth County; judge; salary 6057 MAGISTRATE COURTS Baldwin County; chief magistrate and magistrates; selection; number; vacancies; compensation; funds; reports; referendum 6709 Crisp County; law library fees 5379 Fees in certain counties; volunteer legal service agencies 1056 Fulton County; number of magistrates 5733 Indigent defense in criminal cases in certain counties 2054 Judges; marriage ceremonies; tips for conducting 1488 Richmond County; judge emeritus of the Civil and Magistrate Court of Richmond County 5570 Stephens County; law library fees 5387 Taylor County; chief magistrate; compensation 5407 Walker County; law library fees 5862 MUNICIPAL COURTS Acworth; probation office 5397 Atlanta; Municipal Court of Atlanta; penalties and funds for detention and prison facilities 6153 Atlanta; State Court of Fulton County; costs and fees 6045 Broxton; judge; penalties; name of court 5320 Butler; judge's qualifications; penalties 5585 Cleveland; penalties 7176 Cornelia; jurisdiction; recorder; sessions; fees 7128 Counties without state courts; criminal trespass jurisdiction 1281 County jail fund payments 994 Driving while a license is suspended or revoked 1128 East Point; jurisdiction; penalties 7112 Forsyth; judge; powers; penalties 7170 Garden City; fines 6521 Kennesaw; probation; schools; fees 5916 Probation systems 1465
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State courts; provide municipal court services; contracts; procedures 1161 Tallapoosa; jurisdiction; penalties 6305 Waycross; marijuana; first offender probation 6055 OTHER COURTS Chatham County; recorder's court; probation services; contracts 5729 Chatham County; recorder's court; service by senior judges 6157 Judges' minimum salary in certain counties 2049 Richmond County; civil court; judge and associate judges; compensation 6068 Richmond County; judge emeritus of the Civil and Magistrate Court of Richmond County 5570 JUDICIAL CIRCUITS BY POPULATION 103,000 - 135,000, judicial circuits; assistant district attorney 1679 103,000 - 135,000, judicial circuits of; judges' supplemental expense allowance in certain judicial circuits 1680 135,000 - 142,000, judicial circuits; assistant district attorney 1679 135,000 - 142,000, judicial circuits of; judges' supplemental expense allowance in certain judicial circuits 1680 160,000 or more, judicial circuits of; juvenile court judges; practice of law 908 COUNTIES AND COUNTY MATTERS NAMED COUNTIES Appling County; Baxley Appling County Hospital Authority; members; vacancies; appointments 6317 Appling County; board of commissioners; districts 7030 Appling County; board of education; districts 7024 Baldwin County; board of commissioners; districts; elections; terms 6659 Baldwin County; board of commissioners; districts; elections; terms 4786 Baldwin County; board of education; compensation; funds; insurance 6143 Baldwin County; board of education; districts; elections; terms 4775 Baldwin County; board of education; districts elections; terms 5965 Baldwin County; conveyance after competitive bids of state property in Baldwin County 2206 Baldwin County; easement; Doyle Beckham 1594 Baldwin County; magistrate court; chief magistrate and magistrates; selection; number; vacancies; compensation; funds; reports; referendum 6709 Barrow; County; board of commissioners; districts 4970 Barrow County; board of education; districts 4961 Bartow County; chairperson and board of commissioners; creation; referendum 6484 Bartow County; commissioner; office 6287 Bartow County; probate court; judge; nonpartisan elections 6284 Berrien County; board of commissioners; composition; districts; elections; compensation; referendum 6329 Berrien County; board of education; districts; elections; referendum 5221 Berrien County; exchange of state property with J. C. Howell 2213
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Bibb County; board of commissioners; districts 4907 Bibb County; board of public education; treasurer; vacancies; districts; taxes; budget; compensation 5264 Bibb County; juvenile court; intake and probation services; transfer 5600 Bibb County; Macon Water Authority; charter; Macon-Bibb County Water and Sewerage Authority renamed 4991 Bryan County; board of commissioners; districts; terms 4840 Bryan County; board of commissioners; districts; terms; vacancies; referendum 4592 Bryan County; board of education; districts; terms; referendum 4551 Bulloch County; board of commissioners; compensation; chairperson 5334 Bulloch County; county manager; created 7052 Butts County; board of commissioners; districts 4856 Butts County; board of commissioners; purchases; bids 7064 Butts County; board of commissioners; receipts and disbursements; publication of statement 7071 Butts County; board of education; districts; terms 4848 Butts County; Flint Judicial Circuit; additional judge 1668 Calhoun County; board of commissioners; districts; elections; terms; residency 6123 Calhoun County; board of education; districts 6119 Calhoun County; Georgia Power Company; easement across state property 1569 Candler County; board of commissioners; chairman; duties; compensation 6471 Carroll County; board of commissioners; districts 6592 Carroll County; board of commissioners; qualifications 6058 Carroll County; board of education; districts 6294 Carroll County; homestead exemptions; county and school district taxes; referendum 6514 Carroll County; state court; solicitor; compensation; practice of law; expenses 6948 Catoosa County; board of commissioners; districts; administrative assistant; chairman and members; compensation; meetings 4501 Catoosa County; board of tax administrators abolished; local constitutional amendment repealed 5345 Catoosa County; Catoosa Utility District and board of utilities commissioners; abolition; referendum 5981 Catoosa County; district attorney; personnel; compensation; budget 6649 Catoosa County; superior court; additional judge 328 Catoosa County; superior court; clerk; clerical held 6366 Charlton County; board of commissioners; districts 5910 Charlton County; board of education; districts 5419 Chatham County; board of commissioners; districts 6164 Chatham County; board of public education; districts 5516 Chatham County; citations for violations of ordinances, codes, regulations, rules, or orders; issuance by county employees 5411 Chatham County; recorder's court; probation services; contracts 5729 Chatham County; recorder's court; service by senior judges 6157 Chattooga County; board of commissioners; districts Vetoed HB 1495 Chattooga County; district attorney; personnel; compensation; budget 6649 Chattooga County; superior court; additional judge 328 Cherokee County; board of education; districts 5044 Cherokee County; board of commissioners; districts; elections 5036 Cherokee County; Cherokee County Water and Sewerage Authority; meetings 5718 Clarke County; Athens-Clarke County; commission; districts; auditor's reports 5527
Page LIV
Clarke County; Athens-Clarke County Industrial Development Authority 6556 Clarke County; board of education; districts; titles; audits 5540 Clarke County; Gary B. Blasingame, et al., easement across state owned property 3072 Clarke County; homestead exemption; county and school district taxes; referendum 6241 Clarke County; homestead exemptions; county and school district taxes; referendum Vetoed HB 1481 Clarke County; State Court of Athens-Clarke County; solicitor; compensation 5357 Clarke Courts; United Government of Athens-Clarke County; easement across state property 3095 Clay County; board of commissioners; districts 6096 Clayton County; board of commissioners; districts; terms 4584 Clayton County; board of commissioners; sale of county property 7096 Clayton County; board of education; districts 4573 Clayton County; burial of paupers 7080 Clayton County; community improvement districts; creation 5698 Clayton County; district attorney; salary supplement 5409 Clayton County; homestead exemption; county taxes; referendum 6146 Clayton County; pension system; eligibility for benefits; average salary 7058 Clayton County; superior court; judges; salary supplement 6148 Cobb County; board of commissioners; county purchases 6128 Cobb County; board of commissioners; districts; qualifications; compensation; county manager and department heads 5100 Cobb County; board of commissioners; vacancies; meetings; emergency actions 5180 Cobb County; board of education; compensation 5343 Cobb County; board of education; districts; elections 5116 Cobb County; civil service system; board members; terms 5330 Cobb County; civil service system; board members; terms; expiration dates 5416 Cobb County; community improvement districts; purpose; life of a district 6159 Cobb County; community improvement districts; purpose; life of a district 5613 Cobb County; tax commissioner; collection of school taxes 5684 Coffee County; board of commissioners; districts; elections 6613 Coffee County; board of education; districts; elections 6856 Colquitt County; board of commissioners; districts; elections 6274 Colquitt County; board of education; districts; elections 5801 Colquitt County; easement across state owned property 1562 Columbia County; homestead exemption; county and school district taxes; referendum 6175 Coweta County; board of commissioners; 1991 amendment repealed 4896 Coweta County; board of commissioners; compensation 6506 Coweta County; board of commissioners; deputy clerk; county treasurer 4887 Coweta County; board of commissioners; districts 4889 Coweta County; board of education; districts 4898 Crawford County; board of commissioners; districts; elections 5879 Crawford County; board of commissioners; sludge; ordinances 6320 Crawford County; board of education; compensation; expenses 6319 Crisp County; easement across state owned property 1565 Crisp County; magistrate court; law library fees 5379 Crisp County; tax commissioner; compensation; personnel 6080 Dade County; board of commissioners; districts 6131 Dade County; district attorney; personnel; compensation; budget 6649
Page LV
Dade County; superior court; additional judge 328 Dawson County; board of education; districts 6092 Dawson County; Dawson County Board of Commissioners Study Commission; creation 6545 DeKalb County; board of education; districts 6034 DeKalb County; commission; districts; elections; referendum 6566 DeKalb County; DeKalb Ad Valorem Tax Survey Commission; creation 6849 DeKalb County; Georgia Power Company; easement across state property 1569 DeKalb County; governing authority; definition; code of ethics; sanctions; referendum 6137 DeKalb County; homestead exemption; county taxes; referendum 6323 DeKalb County; homestead exemptions; school district taxes; referendum 6624 DeKalb County; homestead exemptions; school district taxes; referendum 6845 DeKalb County; homestead exemptions; school district taxes; referendum 5720 DeKalb County; Metropolitan Atlanta Rapid Transit Authority; state and federal funds 7011 DeKalb County; ordinance violations; penalties 5363 DeKalb County; special services tax districts; millage rates in municipalities 6512 DeKalb County; superior court; judges; salary supplement 6269 Dooly County; board of commissioners; districts; elections 6083 Dooly County; board of education; districts; elections 6071 Dougherty County; board of commissioners; districts; meetings 5230 Dougherty County; board of education; districts 5245 Dougherty County; Dougherty Judicial Circuit; additional superior court judge 2776 Douglas County; board of commissioners; districts 5444 Douglas County; board of education; districts 5436 Douglas County; community improvement districts 5130 Douglas County; Douglasville-Douglas County Water and Sewer Authority; powers; real property 6310 Early County; board of commissioners; districts 5748 Echols County; board of commissioners; compensation 5381 Effingham County; board of commissioners; districts 4538 Effingham County; board of commissioners; membership; elections; terms; vacancies; compensation; chairman; vice chairman 4558 Effingham County; board of education; elections; districts 4601 Emanuel County; board of education; vacancies 5376 Evans County; board of commissioners; districts; terms 4693 Evans County; board of education; districts; terms 4686 Fayette County; board of commissioners; compensation; expenses 6221 Fayette County; Griffin Judicial Circuit; additional superior court judge 2067 Floyd County; board of commissioners; county manager; department heads 5457 Floyd County; board of commissioners; terms; referendum 5466 Floyd County; homestead exemption; county taxes; referendum 5383 Floyd County; homestead exemption; school district taxes; referendum Vetoed HB 1705 Floyd County; homestead exemption; school district taxes; referendum 5902 Floyd County; Rome-Floyd County Commission on Children and Youth; membership 5433 Floyd County; Southern Bell Telephone and Telegraph Company; easement across state property 1569 Forsyth County; board of commissioners; districts 5029
Page LVI
Forsyth County; board of commissioners; purchases 5325 Forsyth County; board of education laws restated; membership; elections; districts; officers; terms; compensation; referendum 5052 Forsyth County; Cumming-Forsyth County Charter Commission; creation authorized; referendum 6601 Forsyth County; homestead exemption; school district taxes; referendum 6300 Franklin County; homestead exemption; county and school district taxes; referendum 4770 Fulton County; assistant district attorneys; compensation 5556 Fulton County; board of education; districts 5078 Fulton County; developers; building or developing near a lake; Act repealed 5730 Fulton County; General Employees Pension Fund abolished; assets and liabilities transferred to Fulton County Employees Retirement System; insurance benefits 7086 Fulton County; homestead exemption; county taxes; referendum 6563 Fulton County; homestead exemption; county taxes; referendum 6583 Fulton County; Judges and Solicitor Generals Retirement Fund; benefits; insurance; fund abolished and assets and liabilities transferred to Fulton County Employees Retirement System 7091 Fulton County; magistrate court; number of magistrates 5733 Fulton County; Metropolitan Atlanta Rapid Transit Authority; state and federal funds 7011 Fulton County; state court; municipal court; costs and fees 6045 Fulton County; tax commissioner; taxes collected for the Atlanta Board of Education 6272 Glynn County; board of education; compensation; audits 6646 Glynn County; board of education; elections; terms; districts; powers; qualifications; officers; superintendent of schools; compensation; expenses 6354 Glynn County; board of education; superintendent of schools; districts; elections; terms; compensation; audits 5578 Glynn County; conveyance of state owned property 2220 Glynn County; William A. Benson; easement across state property 3102 Gordon County; conveyance of state owned property to William A. Davis 3056 Greene County; board of commissioners; chairman; compensation 6327 Greene County; tax commissioner; compensation 5610 Gwinnett County; board of commissioners; districts 6548 Gwinnett County; board of education; districts 6337 Habersham County; board of education; districts 5959 Hall County; board of commissioners; districts 4764 Hall County; board of commissioners; expense allowance 5327 Hall County; board of commissioners; vacancies; elections 4958 Hall County; board of education; districts 4563 Hall County; civil service system; clerk of the board of commissioners excluded 7102 Hall County; civil service system; coverage; board decisions 6559 Hall County; civil service system; management information director excluded 7076 Hall County; Hall County Water and Sewerage Authority; creation 6986 Hall County; state court; associate judge 5414 Haralson County; board of education; districts 4818 Haralson County; Tallapoosa Judicial Circuit; additional superior court judge 2776 Harris County; board of education; purchases; competitive bidding 5464
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Harris County; coroner; compensation 5318 Hart County; Hart County Water and Sewer Utility Authority; creation 6828 Hart County; homestead exemption; county and school district taxes; referendum 5574 Heard County; board of education; districts 4864 Heard County; homestead exemption; county and school district taxes; referendum 6107 Henry County; board of commissioners; districts; terms 4671 Henry County; board of education; districts 4656 Henry County; Flint Judicial Circuit; additional judge 1668 Jackson County; board of commissioners; annual financial report 5864 Jackson County; homestead exemption; county and school district taxes; referendum 5452 Jasper County; board of commissioners; districts Vetoed HB 2021 Jasper County; homestead exemption; county taxes; referendum 6508 Johnson County; board of education; compensation 5425 Jones County; board of commissioners; compensation; expenses 5395 Jones County; board of commissioners; elections; terms 5262 Jones County; board of commissioners; membership; districts; elections 4701 Jones County; board of education; districts; terms; elections 4707 Jones County; homestead exemption; county taxes; referendum 5389 Lamar County; ad valorem tax millage limit repealed 7043 Lamar County; board of commissioners; districts 5088 Lamar County; board of education; districts 5094 Lamar County; Flint Judicial Circuit; additional judge 1668 Lee County; board of commissioners; districts 6063 Lee County Utilities Authority; creation 6419 Liberty County; board of commissioners; districts 4523 Liberty County; board of education; districts; compensation 4529 Lowndes County; board of education; membership; elections; districts; vacancies; referendum 5827 Lowndes County; claim; state property; B. J. Wetherington 2213 Lumpkin County; Enotah Judicial Circuit; created 1786 Lumpkin County; Lumpkin County Water and Sewerage Authority; membership; terms; quorum 6465 Madison County; board of commissioners; districts; chairman's vote 4873 Madison County; board of education; districts 4880 Madison County; homestead exemption; county and school district taxes; referendum 4726 McDuffie County; Hospital Authority of McDuffie County; vacancies; terms 6604 McDuffie County; motor vehicle registration periods 5312 McIntosh County; board of elections; creation 5593 McIntosh County; McIntosh County Industrial Development Authority; retention; referendum 6500 McIntosh County; superior court; terms 1205 Mitchell County; board of commissioners; districts 4928 Mitchell County; board of education; districts; elections; vacancies; chairman 5154 Monroe County; board of commissioners; districts 6474 Monroe County; Central Georgia Electric Membership Corporation; easement across state property 1569 Monroe County; Flint Judicial Circuit; additional judge 1668 Monroe County; probate court; jurisdiction 5568
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Morgan County; board of education; districts 6048 Morgan County; board of commissioners; districts 5868 Murray County; board of commissioners; districts 4649 Murray County; district attorney; investigator's power of arrest 6352 Murray County; deputy coroner; compensation 6141 Murray County; school superintendent; appointment; referendum 6246 Murray County; Whitfield-Murray Historical Society; easement across state property 1591 Muscogee County; board of education; composition; qualifications; districts; terms; elections; vacancies; compensation; taxes; referendum 6629 Muscogee County; homestead exemption; county and school district taxes; bonded indebtedness; referendum 5365 Newton County; board of commissioners; districts; elections 6537 Newton County; board of education; districts; elections 6528 Newton County; motor vehicle registration periods; referendum 6587 Newton County; Newton County Water and Sewerage Authority; revenue bond limit 6469 Oconee County; county surveyor; elected office abolished 5399 Oglethorpe County; board of commissioners; districts 4514 Oglethorpe County; board of education; districts 4508 Oglethorpe County; coroner; deputy coroner; compensation; fees 4905 Paulding County; board of commissioners; elections; membership; districts; qualifications; terms; compensation; county manager; referendum 5788 Paulding County; Tallapoosa Judicial Circuit; additional superior court judge 2776 Pike County; Griffin Judicial Circuit; additional superior court judge 2067 Polk County; homestead exemption; county and school district taxes; referendum 6361 Polk County; Tallapoosa Judicial Circuit; additional superior court judge 2776 Pulaski County; board of education; districts; elections 6437 Putnam County; sheriff; compensation 6657 Putnam County; tax commissioner; compensation 6655 Putnam County; state court; judge; solicitor; compensation; clerical assistants; health insurance; pensions Vetoed SB 343 Rabun County; Clayton-Rabun County Water and Sewer Authority; creation 6403 Rabun County; homestead exemption; county taxes; referendum 5472 Rabun County; Rabun County Economic Development Authority; creation 4912 Rabun County; sheriff; compensation 6283 Rabun County; Sylvan Lake Falls Homeowners' Association; easement across state property 1587 Randolph County; board of commissioners; compensation 5313 Richmond County; audits 7048 Richmond County; board of commissioners; composition; terms; elections; vacancies; districts; meetings; compensation; equal opportunity 6249 Richmond County; board of commissioners; conveyance of state owned property 3075 Richmond County; board of education; composition; districts; elections; terms; equal opportunity 6224 Richmond County; board of education; contracts; bids; purchases 6349 Richmond County; board of education; organizational meetings 6346 Richmond County; judge emeritus of the Civil and Magistrate Court of Richmond County 5570 Richmond County; officials; compensation 6068
Page LIX
Rockdale County; homestead exemption; school district taxes; referendum 5351 Rockdale County; lease of state owned property 3119 Spalding County; board of commissioners; county manager 5810 Spalding County; board of commissioners; districts 6606 Spalding County; Griffin Judicial Circuit; additional superior court judge 2067 Spalding County; Griffin-Spalding County Board of Education; composition; districts; elections; terms 6812 Spalding County; Griffin-Spalding County Development Authority; membership 6907 Stephens County; magistrate court; law library fees 5387 Stewart County; Oglethorpe Power Corporation; easement across state property 2213 Stewart County; Stewart County Solid Waste Authority; creation 6867 Sumter County; board of commissioners; compensation 5470 Sumter County; board of commissioners; districts; elections; terms; residency 5163 Sumter County; reconstitution; districts; terms; referendum 5171 Sumter County; Sumter County Industrial Development Authority; creation 5062 Sumter County; Sumter County Livestock Authority; creation 5757 Talbot County; probate court; judge placed on annual salary 5340 Talbot County; sheriff; compensation 5338 Talbot County; superior court; clerk; compensation 5554 Talbot County; tax commissioner; compensation; personnel; fees 5336 Tattnall County; board of commissioners; districts 4825 Tattnall County; board of education; elections; districts 4833 Tattnall County; Stanford L. and Barbara B. Tillman; easements across state property 3091 Taylor County; magistrate court; chief magistrate; compensation; judge of the probate court 5407 Telfair County; board of education; vacancies; referendum 6358 Terrell County; board of commissioners; districts; elections; terms; residency; purchases; bonds; oaths; vacancies 6101 Thomas County; board of commissioners; districts 5814 Toombs County; Southern Bell Telephone and Telegraph Company; easement across state property 2210 Towns County; board of education; appointment; referendum 6853 Towns County; Enotah Judicial Circuit; created 1786 Troup County; board of commissioners; districts 4796 Troup County; board of education; districts 5558 Troup County; homestead exemption; county and school district taxes; referendum 5459 Turner County; board of commissioners; districts 5782 Turner County; board of education; districts 5874 Twiggs County; board of commissioners; districts 4713 Twiggs County; board of commissioners; elections; terms 5259 Twiggs County; board of commissioners; Sunday meetings; county attorney 5315 Twiggs County; board of education; districts 4719 Twiggs County; homestead exemption; school district taxes; referendum 6502 Twiggs County; probate court; judge; compensation; benefits; personnel 5145 Twiggs County; sheriff; compensation; benefits; personnel 5140 Twiggs County; superior court; clerk; compensation; benefits; personnel 5149
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Twiggs County; tax commissioner; compensation; benefits; personnel 5135 Union County; Enotah Judicial Circuit; created 1786 Upson County; Griffin Judicial Circuit; additional superior court judge 2067 Upson County; Thomaston-Upson County School District; homestead exemption; referendum 5823 Walker County; district attorney; personnel; compensation; budget 6649 Walker County; magistrate court; law library fees 5862 Walker County; probate court; personnel 5401 Walker County; superior court; additional judge 328 Walker County; superior court; clerk; personnel 5403 Walker County; tax commissioner; personnel 5405 Walton County; board of commissioners; districts; elections; terms; residency 4984 Walton County; board of education; districts; terms; elections; compensation; referendum 5892 White County; Enotah Judicial Circuit; created 1786 Whitfield County; district attorney; investigator's power of arrest 6352 Whitfield County; Whitfield-Murray Historical Society; easement across state property 1591 Wilcox County; board of commissioners; districts 5735 Wilcox County; board of education; districts 5741 Wilkinson County; board of commissioners; districts 4811 Wilkinson County; board of education; districts; terms 4804 Wilkinson County; homestead exemption; school district taxes; referendum 6312 Worth County; board of commissioners; districts; residency 6263 Worth County; board of education; districts 5975 Worth County; state court; judge; salary 6057 COUNTIES AND COUNTY MATTERS BY POPULATION 2,100 - 2,300, counties of; county clerk; compensation Act repealed 1685 5,150 - 5,300; city commissioners and chairman; compensation Act repealed 1216 8,000 - 8,300, counties of; board of elections repealed 1027 8,100 - 8,230, counties of; refuse containers 907 8,335 - 8,725, counties of; commissioners; compensation Act repealed 1681 9,380 - 9,450, counties of; clerk of superior court; authority to attend probate court in traffic cases repealed 980 9,380 - 9,450, counties of; repeal of requirement that clerk of probate court attend court for traffic violations 909 9,790 - 9,890, counties of; refuse containers 907 10,000, counties of less than; cemeteries; minimum size requirements inapplicable 2397 10,450 - 10,650, counties of; ad valorem tax; exemptions; homestead includes some leased property 2058 11,500 - 11,600, counties of and municipalities therein; alcoholic beverage sales by the drink; licenses 1018 12,800 - 12,900, counties of and municipalities therein; alcoholic beverage sales by the drink; licenses 1018 13,600 - 13,900, counties of; ad valorem tax; exemptions; homestead includes some leased property 2058 15,000 - 15,350, counties of; ad valorem tax; exemptions; homestead includes some leased property 2058 22,250 - 28,250, counties of; Act abolishing office of county treasurer repealed 1034
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23,000 - 25,300, counties of; county funds; provision on deposit and audit repealed 1219 23,000 - 23,500, counties of; commissioners; Act providing meeting date and location repealed 2061 24,000 - 26,000, counties of; joint boards of directors for development authorities created by Constitution and by local resolution 1207 25,400 - 25,900, counties of; costs in probate courts 1192 26,290 - 27,280, counties of; chairman and commissioners; compensation Act repealed 1210 32,300 - 32,800, counties of; compensation of superior court clerks 1220 32,300 - 34,000, counties of; compensation of superior court clerks 1220 33,500 - 34,600, counties of and cities within; development authorities; board of directors for constitutional authority to become board for authority created under Code Title 36, Chapter 62 1157 38,000 - 38,200, counties of; costs in probate courts 1192 38,600 - 39,500, counties of; costs in probate courts 1192 41,700 - 42,300, counties of and cities within; development authorities; board of directors for constitutional authority to become board for authority created under Code Title 36, Chapter 62 1157 50,000 to 75,000, counties of; bookkeeping and accounting; uniform central system 2337 56,000 - 56,400, counties of; board of elections 1212 62,500 - 63,500, counties of; absentee ballots; receipt at courthouse branch 1208 66,000 - 73,000, counties of; unpaid ad valorem taxes; interest; executions 1211 66,000 - 74,000, counties of; board of elections repealed 1036 67,000 - 74,000, counties of; Act creating board of elections repealed 1213 68,000 - 75,000, counties of; ad valorem taxation; date for completion of revision and assessment of returns 1191 68,000 - 75,000, counties of; ad valorem taxation; homestead exemptions; date for filing application 1190 68,000 - 75,000, counties of; ad valorem taxation; interest rate, date applicable, executions 1189 68,000 - 75,000, counties of; mobile home location permits; annual deadline 1683 68,000 - 75,000, counties of; time for making ad valorem tax returns 1188 68,000 - 75,000, counties of; time for presentation of tax returns to county board of tax assessors 1187 68,000 - 75,000, counties of; time for return of mobile homes for taxation 1684 68,000 - 75,000, counties of; unpaid ad valorem taxes; interest; executions 1211 69,000 - 75,000, counties of; Sunday sale of alcoholic beverages 1214 71,400 - 71,500, counties of; board of elections 1212 71,500 - 73,000, counties of; unpaid ad valorem taxes; interest; executions 1211 71,500 - 75,000, counties of; Sunday sale of alcoholic beverages 1214 71,500 - 75,000, counties of; unpaid ad valorem taxes; interest; executions 1211 76,000 - 79,000, counties of; board of elections 910 80,000 to 85,000, counties of; bookkeeping and accounting; uniform central system 2337 81,300 - 89,000, counties of; ad valorem taxation; date for completion of revision and assessment of returns 1191 81,300 - 89,000, counties of; ad valorem taxation; homestead exemptions; date for filing application 1190
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81,300 - 89,000, counties of; ad valorem taxation; interest rate, date applicable, and executions 1189 81,300 - 89,000, counties of; mobile home location permits; annual deadline 1683 81,300 - 89,000, counties of; time for making ad valorem tax returns 1188 81,300 - 89,000, counties of; time for presentation of tax returns to county board of tax assessors 1187 81,300 - 89,000, counties of; time for return of mobile homes for taxation 1684 88,000 - 90,000, counties of; absentee ballots; receipt at courthouse branch 1208 88,000 - 90,000, counties of; board of elections 910 150,000 to 180,000, counties of; ad valorem taxes; penalty, date, interest 1690 165,000 to 185,000, counties of; ad valorem taxes; penalty, date, interest 1690 175,000 to 185,000, counties of; cities of more than 40,000; county board of elections to conduct municipal elections 1693 175,000 to 185,000, counties of; county board of elections 1224 175,000 to 185,000, counties of; superior court; jury clerk and other personnel 1692 183,000 to 216,000, counties of; ad valorem taxes; penalty, date, interest 1690 183,000 to 216,000, counties of; cities of more than 40,000; county board of elections to conduct municipal elections 1693 183,000 to 216,000, counties of; county board of elections 1224 183,000 to 216,000, counties of; superior court; jury clerk and other personnel 1692 200,000 or more, counties of; poll officers; compensation 2590 218,000 to 445,000, counties of; ad valorem taxes; penalty, date, interest 1690 250,000 - 400,000, counties of; ad valorem taxes; due date; delinquency; interest; executions 1218 250,000 - 400,000, counties of; county board of health; additional member 1217 250,000 to 500,000; binding statements regarding use of bond funds 1232 300,000, counties of more than; electronic reporting of traffic convictions to Department of Public Safety 1118 300,000, counties of more than; intangible recording tax; 4 percent commission for collection 1686 300,000, more than, counties of; authority for 24 hour schools repealed 2340 300,000 or less, counties of; electronic reporting of traffic convictions to Department of Public Safety 1118 300,000 or more; counties encompassing all or the greater part of city of; joint city-county board of tax assessors; appeals and reviews to accord with general law 1676 300,000 or more, counties of; eminent domain; superior court to fix assessors' costs 1688 350,000 to 500,000, counties of; cities of 17,000 or more within; different ad valorem assessments 1226 350,000 to 500,000, counties of; school boards; vacancies 2339 350,000 to 500,000, counties of; sheriff's duties regarding persons charged with county ordinance violation 1230 350,000 to 550,000, counties of; sheriff's duties regarding persons charged with county ordinance violation 1230 400,000 - 500,000, counties of; ad valorem taxes; due date; delinquency; interest; executions 1218 400,000 - 500,000, counties of; county board of health; additional member 1217 400,000 - 550,000, counties of; ad valorem taxation; boards of equalization; authority for additional boards repealed 1678 400,000, more than, counties of; county treasurer 1225
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400,000 or more; additional boards of equalization for ad valorem taxation 2352 400,000 or more, counties of; authority for county manager repealed 2341 400,000 or more, counties of; authority of county board of health to develop activities and rules for injury prevention 1204 400,000 or more, counties of; sheriffs; authority to deposit cash bonds and reserves of bondspersons in interest-bearing accounts 1689 400,000 or more, counties of; Sunday sale of alcoholic beverages at festivals 1694 400,000 or more, counties of; zoning review procedures; county authorized to create separate planning commissions for major communities 3017 400,000 or more, counties of; zoning review procedures applicable 2202 400,000 or more, majority of municipal corporation's population residing in; contract with county for ad valorem tax assessment 2352 400,000 to 500,000; binding statements regarding use of bond funds 1232 400,000 to 500,000, counties of; rezoning of land annexed by municipality within 2342 400,000 to 525,000, counties of; advertisements for bond elections 2052 400,000 to 525,000, counties of; appointment of municipal voter registrars as deputy county registrars 2048 400,000 to 525,000, counties of; registered voters added to municipalities' voter registration list 1697 400,000 to 525,000, counties of; registrars of cities within to be appointed deputy county registrars 1231 400,000 to 525,000, counties of; voters registered in city added to county voter registration list 2345 425,000 or more, counties of; ballots; designated chief deputy for candidates for clerk of state court 2590 500,000, counties of more than; exemptions from municipal taxes and license fees not applicable 1226 500,000, counties of more than; funds for aid and pension of county police and dependents 2347 500,000, more than, counties of; payments to superior court clerks' retirement fund 2348 500,000, more than, counties of; retirement of officers and employees 1700 500,000, not less than, counties of; legal defense for indigents with criminal charges 2054 500,000 to 575,000, counties of; advertisements for bond elections 2052 500,000 to 575,000, counties of; appointment of municipal voter registrars as deputy county registrars 2048 500,000 to 575,000, counties of; registered voters added to municipalities' voter registration list 1697 500,000 to 575,000, counties of; voters registered in city added to county voter registration list 2345 500,000 to 600,000, counties of; cities of 17,000 or more within; different ad valorem assessments 1226 500,000 to 600,000, counties of; rezoning of land annexed by municipality within 2342 500,000 to 600,000, counties of; school boards; vacancies 2339 500,000 to 600,000, counties of; registrars of cities within to be appointed deputy county registrars 1231 500,000, counties of more than; appointment of voter registrars 2051 500,000, counties of more than; intangible recording tax; 4 percent commission for collection 1686 500,000, counties of more than; judges' minimum annual salary 2049
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500,000, counties of more than; justice of the peace emeritus 2351 500,000, more than, counties of; 24 hour schools authorized 2340 500,000 or more, counties of; county manager authorized 2341 500,000 or more, counties of; county probation employees continued in local retirement system 2344 500,000 or more, counties of; eminent domain; superior court to fix assessors' costs 1688 500,000 or more, counties of; funds held for third party; county or court officer to deposit in county treasury 2350 500,000 or more, counties of; judicial sales of personalty held at place other than courthouse 1229 500,000 or more, counties of; recomputation of police and firefighter pensions 2343 500,000 or more, counties of; sheriffs; authority to deposit cash bonds and reserves of bondspersons in interest-bearing accounts 1689 500,000 or more, counties of; superior courts; jury clerk and other personnel 1228 500,000 or more, counties of; zoning review procedures applicable 2202 550,000, counties of; fees in state court and magistrate court; volunteer legal service agencies 1056 550,000 or more, counties of; local housing authority commissioners 2408 550,000 or more, counties of; purchasing 1221 600,000, counties of; fees in state court and magistrate court; volunteer legal service agencies 1056 600,000, counties of more than; appointment of voter registrars 2051 600,000, counties of more than; exemptions from municipal taxes and license fees not applicable 1226 600,000, counties of more than; funds for aid and pension of county police and dependents 2347 600,000, counties of more than; judges' minimum annual salary 2049 600,000, counties of more than; justice of the peace emeritus 2351 600,000, more than, counties of; payments to superior court clerks' retirement fund 2348 600,000, more than, counties of; retirement of officers and employees 1700 600,000, not less than, counties of; legal defense for indigents with criminal charges 2054 600,000 or more, counties of; county probation employees continued in local retirement system 2344 600,000 or more, counties of; funds held for third party; county or court officer to deposit in county treasury 2350 600,000 or more, counties of; joint use of public safety radio services inapplicable 1444 600,000 or more, counties of; judicial sales of personalty held at place other than courthouse 1229 600,000 or more, counties of; recomputation of police and firefighter pensions 2343 600,000 or more, counties of; superior courts; jury clerk and other personnel 1228 640,000 or more, counties of; superior court clerks; fees in certain counties 2046 Minimum annual salaries for constitutional county officers 1478 COUNTY MATTERS-HOME RULE AMENDMENTS Bulloch County; county manager; created 7052 Butts County; board of commissioners; purchases; bids 7064
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Butts County; board of commissioners; receipts and disbursements; publication of statement 7071 Clayton County; board of commissioners; sale of county property 7096 Clayton County; burial of paupers 7080 Clayton County; pension system; eligibility for benefits; average salary 7058 Fulton County; General Employees Pension Fund abolished; assets and liabilities transferred to Fulton County Employees Retirement System; insurance benefits 7086 Fulton County; Judges and Solicitor Generals Retirement Fund; benefits; insurance; fund abolished and assets and liabilities transferred to Fulton County Employees Retirement System 7091 Hall County; civil service system; clerk of the board of commissioners excluded 7102 Hall County; civil service system; management information director excluded 7076 Lamar County; ad valorem tax millage limit repealed 7043 Richmond County; audits 7048 MUNICIPAL CORPORATIONS NAMED CITIES Abbeville; easement across state property 3105 Acworth; corporate limits 6445 Acworth; municipal court; probation office 5397 Alpharetta; boards, commissions, and agencies; bylaws, rules, and regulations 5591 Alpharetta; community improvement districts 5842 Alpharetta; mayor and council; districts; elections; terms; referendum 6449 Americus; new charter 5985 Athens; disposition of state owned property in city 823 Athens; State Court of Athens-Clarke County; solicitor; compensation 5357 Athens; Athens-Clarke County Industrial Development Authority; membership 6556 Athens-Clarke County; commission; districts; auditor's reports 5527 Athens; Unified Government of Athens-Clarke County; easement across state property 3095 Atlanta; conveyance of state owned property 1604 Atlanta; Fulton County; tax commissioner; taxes collected for the Atlanta Board of Education 6272 Atlanta; homestead exemption; city taxes; referendum 7007 Atlanta; homestead exemption; school district taxes; referendum 7003 Atlanta; Metropolitan Atlanta Rapid Transit Authority; operating costs 5690 Atlanta; Metropolitan Atlanta Rapid Transit Authority; state and federal funds 7011 Atlanta; municipal court (division of the State Court of Fulton County); costs and fees 6045 Atlanta; Municipal Court of Atlanta; penalties and funds for detention and prison facilities 6153 Atlanta; purchases; competitive bidding 7162 Atlanta; school and educational ad valorem taxes; payment to Atlanta Board of Education 6456 Auburn; city clerk 7247 Augusta; mayor and council; succession in office 6481 Avondale Estates; corporate limits 6459
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Barnesville; city administrator; council; supervisors; city clerk, treasurer, and accountant 5359 Baxley; Baxley Appling County Hospital Authority; members; vacancies; appointments 6317 Blakely; municipal election date; mayor and council; terms 6060 Broxton; mayor and council; terms; elections; judge; municipal court; penalties 5320 Buford; corporate limits 6888 Butler; mayor and council; elections; terms; districts; municipal court; judge's qualifications; penalties 5585 Byron; annexation of state property 3125 Calhoun; appropriations to Big Brothers/Big Sisters 6162 Calhoun; Calhoun Recreation Authority; creation 6750 Calhoun; conveyance of state owned property 3111 Canton; garbage and trash; fees 5608 Carl; new charter 6368 Carrollton; homestead exemption; school district taxes; referendum 5906 Centerville; corporate limits 6443 Centerville; mayor and council; compensation 7249 Centralhatchee; public works contracts 7222 Clayton; Clayton-Rabun County Water and Sewer Authority; creation 6403 Clermont; mayor and council; terms; elections 5393 Cleveland; municipal court; penalties 7176 Cordele; budgets; audits 7237 Cordele; commission; veto of actions by chairman or vice chairman, when presiding 7242 Cornelia; commission; investigations; employees; conflicts of interest; elections; vacancies; city manager; city attorney; municipal court; departments 7128 Cornelia; election districts; city commission wards 7225 Cumming; Cumming-Forsyth County Charter Commission; creation authorized; referendum 6601 Dalton; Employees' Pension Plan; benefits 7213 Dalton; Public Safety Commission; police and fire departments; age for employment; city attorney; World War II service; chief of police; bond 7205 Dalton; Urban Area Planning Commission; members; terms 7219 Dasher; new charter 4730 Davisboro; easement across state property 1569 Dawson; city code adopted 7194 Douglas; city commissioners; terms; elections 5582 Douglasville; community improvement districts 5130 Douglasville; Douglasville-Douglas County Water and Sewer Authority; powers; real property 6310 East Point; East Point Building Authority; membership 5430 East Point; East Point Business and Industrial Development Authority; membership 5427 East Point; East Point Industrial Development Authority; membership Vetoed HB 1934 East Point; East Point Parking Authority; membership 6825 East Point; municipal court; jurisdiction; penalties 7112 East Point; recall 7198 Eastman; corporate limits 6519 Eatonton; mayor and aldermen; elections; wards; terms 5602
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Ellaville; new charter 6910 Euharlee; mayor; terms; city elections 5866 Fairburn; city council; franchises; districts 6053 Fargo; new charter 5183 Fayetteville; mayor and council; elections; terms 5374 Forsyth; municipal court; judge; powers; penalties 7170 Fort Oglethorpe; redesignation of town as City of Fort Oglethorpe; city council 5349 Franklin Springs; new charter 6180 Gainesville; annexation of state property 3122 Garden City; corporate limits 7036 Garden City; recorder's court; fines 6521 Griffin; execution of documents; Employees' Aid Fund 7122 Griffin; Griffin-Spalding County Board of Education; composition; districts; elections; terms 6812 Griffin; Griffin-Spalding County Development Authority; membership 6907 Hartwell; new charter 5476 Hawkinsville; easement across state property 3075 Hogansville; ad valorem school taxes; maximum millage rate; referendum 6218 Jefferson; homestead exemption; city and city school district taxes; referendum 5888 Kennesaw; corporate limits 5775 Kennesaw; municipal court; probation; schools; fees 5916 Kingsland; homestead exemption; referendum 5686 Kite; new charter 6714 LaFayette; corporate limits 4936 Lake Park; elections 4536 Lawrenceville; corporate limits 6590 Lilburn; franchise terms 6435 Macon; disposition of state owned property in city 823 Macon; Macon Housing Authority; conveyance of state owned property 2223 Macon; Macon Pensions and Retirement System; normal and early pension benefits 7189 Macon; Macon Pensions and Retirement System; preretirement death benefit 7183 Macon; Macon Water Authority; charter; Macon-Bibb County Water and Sewerage Authority renamed 4991 Monroe; city administrator; retirement board 5020 Monroe; mayor and council; districts; elections; terms 5023 Monticello; city manager; city treasurer 5773 Moultrie; annexation of state property 3085 Moultrie; disposition of state owned property in city 823 Nelson; new charter 5615 Palmetto; special elections; mayor and council; vacancies 5450 Peachtree City; mayor and council; terms; election dates 5370 Pooler; corporate limits; referendum 7019 Pooler; mayor and aldermen; organizational meeting date 7180 Powder Springs; council; elections 6150 Powder Springs; homestead exemption; city taxes; referendum 6237 Riceboro; new charter 4614 Riverdale; corporate limits 7109 Rome; homestead exemptions; independent school district taxes; referendum 6114 Rome; Rome-Floyd County Commission on Children and Youth; membership 5433 Royston; new charter 5918
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Rutledge; new charter 6951 Savannah; board of public education; districts 5516 Savannah; Savannah Development and Renewal Authority; creation 6764 Sky Valley; homestead exemption; city taxes; referendum 6111 Sky Valley; mayor pro tempore; president of the council; mayor's duties; departments; vacancies 5778 Smithville; council; membership; quorum; wards; elections; terms 6289 Smyrna; homestead exemption; city taxes; referendum 5725 Snellville; corporate limits 5886 Summerville; city manager; mayor; referendum 6308 Suwanee; homestead exemption; city taxes; referendum 6524 Tallapoosa; municipal court; jurisdiction; penalties 6305 Thomaston; Thomaston-Upson County School District; homestead exemption; referendum 5823 Thomasville; disposition of state owned property in city 823 Tifton; disposition of state owned property in city 823 Trion; J. C. Jake Woods Avenue; designated 3083 Twin City; easement across state property 1569 Ty Ty; new charter 5275 Valdosta; board of education; elections; terms; vacancies; officers 6809 Varnell; new charter 6670 Waleska; new charter 6774 Warner Robins; corporate limits 6883 Warner Robins; purchase or sale of property 7231 Warner Robins; purchases of goods or services 7234 Waycross; municipal court; marijuana; first offender probation 6055 Williamson; new charter 5651 Woodstock; corporate limits 5598 Wrens; councilmen; elections; terms 4520 Wrightsville; easement across state property 1569 MUNICIPALITIES BY POPULATION 5,150 - 5,300; city commissioners and chairman; compensation Act repealed 1216 5,150 to 5,300, municipal officials; compensation 1699 17,000 or more, cities of, within counties of 350,000 to 500,000; different ad valorem assessments 1226 17,000 or more, cities of, within counties of 500,000 to 600,000; different ad valorem assessments 1226 33,500 - 34,600, cities within counties of; development authorities; board of directors for constitutional authority to become board for authority created under Code Title 36, Chapter 62 1157 40,000, more than, cities of within counties of 175,000 to 185,000; county board of elections to conduct municipal elections 1693 40,000, more than, cities of within counties of 183,000 to 216,000; county board of elections to conduct municipal elections 1693 41,700 - 42,300, cities within counties of; development authorities; board of directors for constitutional authority to become board for authority created under Code Title 36, Chapter 62 1157 95,000 - 130,000, municipalities of; additional resident housing authority commissioner 2059
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110,000 - 130,000, municipalities of; additional resident housing authority commissioner 2059 300,000, more than; 24 hour schools authorized 2340 300,000 or more; counties encompassing all or the greater part of city of; joint city-county board of tax assessors; appeals and reviews to accord with general law 1676 400,000 to 525,000; voter registration; postage on return cards for continuation 1698 500,000 to 575,000; voter registration; postage on return cards for continuation 1698 600,000 or more, cities of; joint use of public safety radio services inapplicable 1444 MUNICIPALITIES-HOME RULE AMENDMENTS Atlanta; purchases; competitive bidding 7162 Auburn; city clerk 7247 Centerville; mayor and council; compensation 7249 Centralhatchee; public works contracts 7222 Cleveland; municipal court; penalties 7176 Cordele; budgets; audits 7237 Cordele; commission; veto of actions by chairman or vice chairman, when presiding 7242 Cornelia; commission; investigations; employees; conflicts of interest; elections; vacancies; city manager; city attorney; municipal court; departments 7128 Cornelia; election districts; city commission wards 7225 Dalton; Employees' Pension Plan; benefits 7213 Dalton; Public Safety Commission; police and fire departments; age for employment; city attorney; World War II service; chief of police; bond 7205 Dalton; Urban Area Planning Commission; members; terms 7219 Dawson; city code adopted 7194 East Point; municipal court; jurisdiction; penalties 7112 East Point; recall 7198 Forsyth; municipal court; judge; powers; penalties 7170 Griffin; execution of documents; Employees' Aid Fund 7122 Macon; Macon Pensions and Retirement System; normal and early pension benefits 7189 Macon; Macon Pensions and Retirement System; preretirement death benefit 7183 Pooler; mayor and aldermen; organizational meeting date 7180 Riverdale; corporate limits 7109 Warner Robins; purchase or sale of property 7231 Warner Robins; purchases of goods or services 7234 RESOLUTIONS AUTHORIZING COMPENSATION John Wesley Ulmer, Jr. 3110 Rosa L. Bedell 3074 Sandra K. Davis 3063 Savannah Concrete, Inc., Will D. Herrin, President 3118 Tara Joyner Davidson 3114 Tom Watson Brown 3058
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RESOLUTIONS AUTHORIZING LAND CONVEYANCES B. J. Wetherington; claim in Lowndes County 2213 Baldwin County; conveyance after competitive bids of state property in Baldwin County 2206 Board of Regents of the University System of Georgia; conveyance to 1601 Byron; consent to annexation of state property 3125 Central Georgia Electric Membership Corporation; easement in Monroe County 1569 Code of Abbeville; easement 3105 City of Atlanta; conveyance 1604 City of Calhoun; conveyance 3111 City of Davisboro; easement 1569 City of Hawkinsville; easement 3075 City of Twin City; easement 1569 City of Wrightsville; easement 1569 Colquitt County; easement 1562 Crisp County; easement 1565 Disposition of state properties in Athens, Macon, Moultrie, Thomasville, and Tifton 823 Doyle Beckham; easement in Baldwin County 1594 Gainesville; consent to annexation of state property 3122 Gary B. Blasingame, et al.; easement in Clarke County 3072 Georgia Power Company; easements in Calhoun and DeKalb Counties 1569 Glynn County; conveyance 2220 J. C. Howell; exchange of property in Berrien County 2213 Macon Housing Authority; conveyance 2223 Moultrie; consent to annexation of state property 3085 Oglethorpe Power Corporation; easement in Stewart County 2213 Resolutions authorizing various conveyances, leases, and easements repealed 1597 Richmond County; board of commissioners; conveyance 3075 Rockdale County; lease 3119 Southern Bell Telephone and Telegraph Company; easement in Floyd County 1569 Southern Bell Telephone and Telegraph Company; easement in Toombs County 2210 Stanford L. and Barbara B. Tillman; easements in Tattnall County 3091 Sylvan Lake Falls Homeowners' Association, Inc.; easement in Rabun County 1587 Unified Government of Athens-Clarke County; easement 3095 Whitfield-Murray Historical Society; easement 1591 William A. Benson; easement in Glynn County 3102 William A. Davis; conveyance in Gordon County 3056 MISCELLANEOUS RESOLUTIONS Admiral Mack Gaston Parkway; designated 3060 Albert D. Clifton Memorial Highway; designated 3070 Ben Jess Logan, Sr., Memorial Bridge; designated 2209 Clarence R. Vaughn, Jr., Highway; designated 3069 Coleman's Bridge; designated 3087 Colonel Tom Parrott Parkway; designated 3062 Edward C. Moses Highway; designated 1882 Genevie Dickey Bridge; designated 3116
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Grady Mallard Bridge; designated 3059 Harry Leon Simpson Parkway; designated 3082 Historic U.S. 19 and Ga. 60 Business Route; designated 2205 J. C. Jake Woods Avenue; designated 3083 J. E. Ted McTyre Parkway; designated 3113 James L. Clarkson Memorial Highway; designated 1608 Jimmy Autry Correctional Institution; designated 3109 Joint Study Committee on Local Government Services; creation 3066 Joint Study Committee on State and Local Government Environmental Enforcement Authority; creation 1560 K. T. Kennedy Reef; designated 3124 Martin Dooley Parkway; designated 3081 Reinhardt College Parkway; designated 3098 Riley C. Thurmond Bridge; designated 3088 Robert B. Nett Medal of Honor Highway; designated 2203 Samuel Frank Morast, Jr., Highway; designated 3115 Scooterville Highway; designated 3084 Seabees Month in Georgia; designated 3090 South Georgia Parkway; designated 1607 Study Commission on Postsecondary Technical and Adult Education Finance; creation 3323 Study Committee on Professional Tax Equity; creation 2225 Vandiver Point; designated 1558 Veterans Memorial Parkway; designated 3071 Walter F. George Tribute Commission; creation 3064 Wetlands Conservation Study Committee; continuation 3099
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INDEX A ABANDONED MOTOR VEHICLES Unlawful to leave without easy access inside 2552 ABANDONMENT Unclaimed property; time period for presumption of abandonment 1237 ABBEVILLE, CITY OF Easement across state owned property 3105 ABSENTEE BALLOTS AND VOTING Elections; methods; procedures 1815 Illiterate elector 2510 Procedures revised 2510 Receipt at courthouse branch in certain counties 1208 ACCESSIBLE ROUTE Fair housing; Commission on Equal Opportunity 1840 ACCIDENT INSURANCE See INSURANCE ACCOUNTING Uniform central system for certain counties 2337 ACCUSATIONS Trial of certain felony cases upon accusations 1808 ACTS Local Acts repealing local amendments to the Constitution; proposed amendment to the Constitution amended 3335 ACWORTH, CITY OF Corporate limits 6445 Municipal court; probation office 5397
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AD VALOREM TAXATION Additional boards of equalization in certain counties; contracts by certain municipal corporations for county assessment 2352 Assessments different for certain counties and cities 1226 Boards of equalization; authority for additional boards in certain counties repealed 1678 Boats; taxable situs 2480 County tax digests; evaluation cycle; additional state tax; penalty; waiver; appeals 2494 Date for completion of revision and assessment of returns in certain counties 1191 Defaulters 2411 Due date; delinquency; interest; executions in certain counties 1218 Exemptions; homestead includes leased property in certain counties 2058 Fair market value; restrictions on use of land resulting from state or federal laws 1008 Freeport exemption 2482 Freeport exemption; time period for referendum changed Vetoed HB 198 Heavy-duty construction equipment; nonresidents 1551 Heavy-duty equipment motor vehicles and other motor vehicles; classification; proposed amendment to the Constitution 3336 Homestead exemptions; date for filing application in certain counties 1190 Interest and executions in certain counties 1211 Interest rate, date applicable; executions in certain counties 1189 Joint city-county board of tax assessors in certain counties; appeals and reviews 1676 Landmark historic property; definition; preferential assessment 1502 Mobile home local permits; annual deadline in certain counties 1683 Mobile homes 2411 Mobile homes; time for return for taxation in certain counties 1684 Notice to nonresidents 2411 Official duties, liability, and accountability 2411 Penalty, date, and interest in certain counties 1690 Real property; transfer tax forms; return for taxation; valuation 1643 Revaluation of realty encumbered by conservation easement 2227 School taxes; extinguishment by land bank authorities 1355 State board of equalization; interest on tax appeals 1346 State revenue commissioner; duties 2494 Time for making returns in certain counties 1188 Time for presentation of tax returns to county board of tax assessors in certain counties 1187 ADMINISTRATIVE LAW JUDGE Georgia Safe Dams Act of 1978; final orders filed in superior court of county 1314
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ADMINISTRATIVE PROCEDURES Teachers and school personnel; grievance procedures; complaints policy 3303 ADMIRAL MACK GASTON PARKWAY Designated 3060 ADOPTIONS Adoption petitions; Department of Human Resources; investigations; criminal records checks 2505 Birth certificates; adoption or legitimation 2410 ADVERTISING Bond elections in certain counties 2052 Health care services providers; advertisements; deceptive and misleading practices 2488 Legal organs; standards for designation 1035 Legal services; false advertising; jurisdiction; Governor's Office of Consumer Affairs 1556 Pawn shops 3245 Unlawful for nonlocal business to advertise local telephone number without nonlocal address 1129 AGED PERSONS Fair housing; Commission on Equal Opportunity; nondiscrimination 1840 AGENCY Out-of-state principals; sales representatives; contracts; commission 1320 Presumption of authority for corporate documents; conditions 1180 Real estate brokers and salespersons; exclusive agency contracts 1541 AGRICULTURE Agricultural operations; defined 2398 Agricultural or farm products; defined 2398 Agricultural products; definition 2149 Agricultural products dealers; bond 2149 Bird dealers; license fees 993 Code revision 6 Commercial feeds; regulation and licensing 3018 Crops; defined 2398 Dealers in agricultural products; payment; transfer of ownership; inspections 1282 Defined 2398 Georgia Aquaculture Development Act repealed; reenacted 1507
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Georgia Dairy Act of 1980; dairy manufacturing plants; definition; jurisdiction; Department of Human Resources and county boards of health 1279 Georgia Prescribed Burning Act; enacted; purposes; requirements 2405 Grain dealer, commercial feed dealer, and warehouseman; license fees; limit; warehouse receipts 2553 Grain dealers; license fees 2132 Growing crops; defined 2398 Honeybees; compensation for destroyed colonies 1121 Livestock dealers; sale or purchase of leased livestock; liability; marks and brands 1642 Pesticides; regulation by county or municipal corporation prohibited; exemption 3162 State Advisory Committee on Rural Development; membership; appointment 988 Tobacco; auction sales of flue-cured leaf tobacco; license fees 1023 Tractor, farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and representatives; regulation by General Assembly; proposed amendment to the Constitution 3342 Weights and measures; fees 1278 AID TO DEPENDENT CHILDREN ACT Eligibility for funds 2772 AIDS Local boards of education; policies; prevention Vetoed HB 1837 AIRCRAFT AND AIRPORTS Georgia Airport Development Authority Law; enacted 1615 Homicide by aircraft 1443 Local governments; extraterritorial condemnation of property 1434 ALBERT D. CLIFTON MEMORIAL HIGHWAY Designated 3070 ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM Drivers' license restored for completion 2105 Points reduced for completion 2105 Sentence to program for person under 21 convicted of possession of alcoholic beverages 2746 ALCOHOLIC BEVERAGES Caterers; off-premise licenses; requirements; prohibited acts; fees; misdemeanor; rule-making power for state revenue commissioner 1145 Code revision 6
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Facilities for alcoholics, drug dependent persons and users, or delinquent children; notice to governing authority and General Assembly members 2120 Geo. L. Smith II Georgia World Congress Center Authority; alcoholic beverages; sale for consumption on premises 2097 Homicide by aircraft 1443 Possession by person under 21; sentence to DUI Alcohol or Drug Use Risk Reduction Program; suspension of driver's license for person under 21 convicted of possession while driving 2746 Refunds or credits for taxes; manner of collecting taxes 1458 Sales by the drink; licenses; counties of 11,500 - 11,600 and municipalities therein 1018 Sales by the drink; licenses; counties of 12,800 - 12,900 and municipalities therein 1018 Sunday sales at festivals in certain counties 1694 Sunday sales in certain counties 1214 Sunday sales in certain counties and cities; sale by the drink in certain counties and cities; coliseums 2929 ALLIGATORS Illegal hunting; penalty 2391 ALPHARETTA, CITY OF Boards, commissions, and agencies; bylaws, rules, and regulations 5591 Community improvement districts 5842 Mayor and council; districts; elections; terms; referendum 6449 AMERICAN INDIANS Human remains; archeological sites; burial objects; repatriation; Council on American Indian Concerns 1790 AMERICAN SIGN LANGUAGE Credit for college preparatory curriculum; elective credit 2519 AMERICUS, CITY OF New charter 5985 AMNESTY Tax amnesty program 1249 ANIMALS Animal shelters; license fees 1122 Bird dealers; license fees 993 Commercial feeds; regulation and licensing 3018 Cruelty to animals; criminal offense; penalty; exceptions 1654
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Honeybees; compensation for destroyed colonies 1121 Humane Care for Equines Act 3214 Humane Care for Equines Act; enacted; rules, regulations, and procedures 2398 Kennels; stables; animal shelters; license fees 1122 Livestock dealers; sale or purchase of leased livestock; liability; marks and brands 1642 Pet dealers; license fees 1122 Rabies; inoculation of felines; county boards of health; procedures; certificates of inoculation 2089 ANNEXATION Rezoning limitation on land in certain counties 2342 APPEAL AND ERROR Ad valorem taxation; joint city-county board of tax assessors in certain counties 1676 Code revision 6 APPLING COUNTY Baxley Appling County Hospital Authority; members; vacancies; appointments 6317 Board of commissioners; districts 7030 Board of education; districts 7024 APPROPRIATIONS S.F.Y. 1992-1993 1701 Supplemental for S.F.Y. 1991-1992 379 AQUACULTURE DEVELOPMENT COMMISSION Created 1507 ARCHEOLOGY Permits; prohibited acts; traffic in ancient objects prohibited 1790 ARCHITECTS Registered interior designers; certification; State Board of Architects; membership 3318 ASSES Humane care required 3214
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ASSUMPTION REINSURANCE AGREEMENTS See INSURANCE ATHENS-CLARKE COUNTY, UNIFIED GOVERNMENT OF Athens-Clarke County Industrial Development Authority; membership 6556 Commission; districts; auditor's reports 5527 Easement across state owned property 3095 State Court of Athens-Clarke County; solicitor; compensation 5357 ATHENS-CLARKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Membership 6556 ATHLETICS No Pass/No Play provisions; applicability Vetoed SB 622 ATLANTA, CITY OF Atlanta Board of Education; taxes collected by the tax commissioner of Fulton County 6272 Conveyance of state owned property 1604 Homestead exemption; city taxes; referendum 7007 Homestead exemption; school district taxes; referendum 7003 Metropolitan Atlanta Rapid Transit Authority; operating costs 5690 Metropolitan Atlanta Rapid Transit Authority; state and federal funds 7011 Municipal Court of Atlanta; penalties and funds for detention and prison facilities 6153 Purchases; competitive bidding 7162 School and educational ad valorem taxes; payment to Atlanta Board of Education 6456 ATLANTA JUDICIAL CIRCUIT Assistant district attorneys; compensation 5556 ATTENDANCE OFFICERS Teachers Retirement System of Georgia; membership 2182 ATTORNEYS False advertising; jurisdiction; Governor's Office of Consumer Affairs 1556 Malpractice; wills and trusts; incorporation of fiduciary powers by reference to Code Section 53-15-3; citation to repealed Code Section 53-15-3 deemed to be citation to Code Section 53-12-232 1053
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AUBURN, CITY OF City clerk 7247 AUCTIONS Flue-cured leaf tobacco; license fees 1023 Used motor vehicles; auctioneers 2450 AUDIOLOGISTS Hearing aids; dispensing 3316 AUDITING Regional development centers 2108 AUGUSTA, CITY OF Mayor and council; succession in office 6481 AUTHORITIES Definitions; health facilities; participating providers 1323 Development authorities; joint boards of directors for authorities created by Constitution and by local resolution 1207 Development authorities of certain counties and cities; board of directors for constitutional authority to become board for authority created under Title 36, Chapter 62 1157 Employees; membership in Georgia Municipal Employees Benefit System 989 Flexible employee benefit plans for state employees and others; group property and casualty insurance 2111 Geo. L. Smith II Georgia World Congress Center Authority; alcoholic beverages; sale for consumption on premises 2097 Georgia Ports Authority; membership, terms of office 1014 Georgia Student Finance Authority; advertising; powers 1001 Housing authorities; commissioners in certain counties 2408 Land bank authorities; extinguishing school taxes on acquired property 1355 Municipal Gas Authority; membership; employees of political subdivision gas departments 1055 Upper Savannah River Development Authority Vetoed HB 1767 AUTRY, JIMMY, CORRECTIONAL INSTITUTION Designated 3109 AVIATION Georgia Airport Development Authority Law; enacted 1615 Homicide by aircraft; operating aircraft while under the influence of alcohol or drugs 1443
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Local governments; airports; extraterritorial condemnation of property for airports or landing fields 1434 AVONDALE ESTATES, CITY OF Corporate limits 6459 B B. J. WETHERINGTON Claim to property in Lowndes County 2213 BAIL AND BAIL BONDS Delegation of authority to set; exceptions; limitation; revocation 2527 Offenses bailable only before superior courts 1150 Release of surety; forfeiture; execution hearing; remission 2933 BALDWIN COUNTY Board of commissioners; districts; elections; terms 4786 Board of commissioners; districts; elections; terms 6659 Board of education; compensation; funds; insurance 6143 Board of education; districts; elections; terms 4775 Board of education; districts; elections; terms 5965 Magistrate court; chief magistrate and magistrates; selection; number; vacancies; compensation; funds; reports; referendum 6709 BALLOTS See ABSENTEE BALLOTS BANKING AND FINANCE Code revision 6 Electronic funds transfers; payment of taxes and licenses to state revenue commissioner 1234 Escrow accounts; real estate brokers and salespersons 1541 Executors and trustees; service providers not precluded; incorporation by reference 1438 Financial institutions reorganized under the southern region interstate banking law; stock; intangible taxes 1183 Funds transfers; payment orders 2685 Industrial loans; fees 2725 Loan brokers; prohibited acts; civil actions; penalties 1123 State depositories; cash management; fees; collection, processing, deposit, and withdrawal 1247 Unclaimed property; time period for presumption of abandonment 1237
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BARBERS State Board of Barbers; students; discipline; fines; suspension; termination date 2765 BARNESVILLE, CITY OF City administrator; council; supervisors; city clerk, treasurer, and accountant 5359 BARROW COUNTY Board of commissioners; districts 4970 Board of education; districts 4961 BARTOW COUNTY Chairpersn and board of commissioners; creation; referendum 6484 Commissioner; office 6287 Probate court; judge; nonpartisan elections 6284 BATTERED SPOUSES State commission on family violence; state plan 1810 BAXLEY, CITY OF Baxley Appling County Hospital Authority; members; vacancies; appointments 6317 BAXLEY APPLING COUNTY HOSPITAL AUTHORITY Members; vacancies; appointments 6317 BEACHES Protected 1362 BEARS Illegal hunting at night; penalty 2391 BEAUTY PAGEANTS Regulation; bond; disclosures; penalties 3256 BECKHAM, DOYLE Easement across state property in Baldwin County 1594
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BEDELL, ROSA L. Compensation 3074 BEES Compensation for destroyed colonies 1121 BEN JESS LOGAN, SR., MEMORIAL BRIDGE Designated 2209 BENSON, WILLIAM A. Easement across state owned property in Glynn County 3102 BERRIEN COUNTY Board of commissioners; composition; districts; elections; compensation; referendum 6329 Board of education; districts; elections; referendum 5221 BIBB COUNTY Board of commissioners; districts 4907 Board of public education; treasurer; vacancies; districts; taxes; budget; compensation 5264 Juvenile court; intake and probation services; transfer 5600 Macon Water Authority; charter; Macon-Bibb County Water and Sewerage Authority renamed 4991 BICYCLES Use of bicycle paths; minimum standards 1546 BIDDING Certain counties 1221 Regional development centers 1271 BIOMEDICAL WASTE THERMAL TREATMENT TECHNOLOGY FACILITIES Reports; certain information; Environmental Protection Division; site selection Vetoed HB 1169 BIRD DEALERS License fees 993
Page LXXXIII
BIRTH CERTIFICATES Information admissible as evidence 1266 Parents' social security numbers; Office of Child Support Recovery 1270 BLAKELY, CITY OF Municipal election date; mayor and council; terms 6060 BLASINGAME, GARY B., ET AL. Easement across state owned property in Clarke County 3072 BLOOD TESTS DNA data bank for sexual offenders 2034 BOARD OF COMMISSIONERS OF THE COMMISSION ON EQUAL OPPORTUNITY Fair housing 1840 BOARD OF HUMAN RESOURCES Preschool age children; assistance; regulations 3044 BOARD OF NATURAL RESOURCES Duties relating to air quality 2886 Powers relating to hazardous waste 2334 Regulation; toxic heavy metals in packaging 2968 Solid waste management; revised powers 3276 BOARD OF WORKERS' COMPENSATION Workers' compensation; extensive revision of state law 1942 BOATS Certain vessels; regulation of use and operation 2075 Hazardous areas; registration; late renewal penalty; boating safety zones; personal flotation devices 998 Marine toilets; restrictions Vetoed SB 618 Registration and numbering; fees 470 Taxable situs 2480 BODIES See DEAD BODIES
Page LXXXIV
BONDS Agricultural products dealers 2149 Annual debt service; redefined for education purposes Vetoed SB 587 Binding statements regarding use of funds in certain counties 1232 Criminal; release of surety; forfeiture; execution hearing; remission 2933 Election ads; certain counties 2052 Revenue bonds; undertakings; fees 2197 Sheriffs of certain counties; authority to deposit cash bonds and bondspersons' reserves in interest-bearing accounts 1689 BOOKKEEPING Uniform central system for certain counties 2337 BRIBERY Ethics; comprehensive regulation of public officials and lobbyists 1075 BROWN, TOM WATSON Compensation 3058 BROXTON, CITY OF Mayor and council; terms; elections; municipal court; judge; penalties 5320 BRYAN COUNTY Board of commissioners; districts; terms 4840 Board of commissioners; districts; terms; vacancies; referendum 4592 Board of education; districts; terms; referendum 4551 BUFORD, CITY OF Corporate limits 6888 BUILDINGS AND HOUSING Accessible route, location on 1840 Approval of plans by Safety Fire Commissioner 2186 Building, plumbing, electrical, and other codes; minimum standards Vetoed HB 1109 Code revision 6 Commission on Equal Opportunity 1828 County real estate deed records; computerized index 1545 Fair housing; nondiscrimination; Commission on Equal Opportunity 1840 Gain for income tax 1296 Georgia Uniform Conservation Easement Act 2227 Handicapped persons; access to public facilities; multifamily dwellings; definitions 2461
Page LXXXV
Housing authorities; commissioners; additional resident commissioner for certain municipalities 2059 Housing authority commissioners in certain counties 2408 Industrial loans; fees 2725 Industrialized buildings; injunction for inspection; civil actions; cease and desist orders; entry; reports and records 1158 Landmark historic property; ad valorem taxes; preferential assessment 1502 Liquefied petroleum gas standards governed by Title 10 2134 Local government development impact fees; date for conformity with statute; connection fees for water and sewer systems 905 Manufactured and mobile homes; dealers and installers; licensure; regulations; exemptions 2750 Manufactured homes; fire and other hazards; insurance; fees; Commissioner of Insurance 2725 Real estate appraisers; regulation 1402 Structures on tidewaters; removal; procedures; hearings 2317 Unfit structures; service on nonresident parties in interest 1538 BULLOCH COUNTY Board of commissioners; compensation; chairperson 5334 County manager; created 7052 BURIAL Cemeteries; minimum size inapplicable in certain counties 2397 Preservation and protection of burial grounds; reimbursement 2508 Traffic prohibited; repatriation of museum collections 1790 BUSES Presumption of negligence in civil actions repealed 1179 Shelters, regulation of 1504 Tickets, coins, notes, tokens, transfers, or transaction cards 985 BUTLER, CITY OF Mayor and council; elections; terms; districts; municipal court; judge's qualifications; penalties 5585 BUTTS COUNTY Board of commissioners; districts 4856 Board of commissioners; purchases; bids 7064 Board of commissioners; receipts and disbursements; publication of statement 7071 Board of education; districts; terms 4848 Superior court; additional judge 1668
Page LXXXVI
BYRON, CITY OF Annexation of state property 3125 C CALHOUN, CITY OF Appropriations to Big Brothers/Big Sisters 6162 Calhoun Recreation Authority; creation 6750 Conveyance of state owned property 3111 CALHOUN COUNTY Board of commissioners; districts; elections; terms; residency 6123 Board of education; districts 6119 Georgia Power Company; easement across state property 1569 CALHOUN RECREATION AUTHORITY Creation 6750 CAMPAIGNS See ELECTIONS CANDIDATES Mandatory drug tests; illegal drug defined; reimbursement; laboratories 1612 Qualification fees; agents; notice of intention of candidacy 2510 See ELECTIONS CANDLER COUNTY Board of commissioners; chairman; duties; compensation 6471 CANTON, CITY OF Garbage and trash; fees 5608 CAPITAL FELONIES Multicounty public defender for indigents 1963 CAPITAL GAINS Income tax; federal exclusion or deduction 2977 CAPITAL OUTLAY FUNDS Multiyear lease purchase; education vetoed SB 587
Page LXXXVII
Opposition to school consolidations 3211 School consolidation and reorganization; hearings and procedures; project funding 3164 CARL, TOWN OF New charter 6368 CARROLL COUNTY Board of commissioners; districts 6592 Board of commissioners; qualifications 6058 Board of education; districts 6294 Homestead exemptions; county and school district taxes; referendum 6514 State court; solicitor; compensation; practice of law; expenses 6948 CARROLLTON, CITY OF Homestead exemption; school district taxes; referendum 5906 CASKETS Defined 2762 CATERERS Alcoholic beverages; off-premise licenses; requirements; prohibited acts; fees; misdemeanor; rule-making power for state revenue commissioner 1145 CATOOSA COUNTY Board of commissioners; districts; administrative assistant; chairman and members; compensation; meetings 4501 Board of tax administrators abolished; local constitutional amendment repealed 5345 Catoosa Utility District and board of utilities commissioners; abolition; referendum 5981 Lookout Mountain Judicial Circuit; district attorney; personnel; compensation; budget 6649 Superior court; additional judge 328 Superior court; clerk; clerical help 6366 CATOOSA UTILITY DISTRICT Abolition; referendum 5981 CATS Rabies; inoculation of felines; county boards of health; procedures; certificates of inoculation 2089
Page LXXXVIII
CEMETERIES Land development; notice 1790 Minimum size inapplicable in certain counties 2397 CENTERVILLE, CITY OF Corporate limits 6443 Mayor and council; compensation 7249 CENTRAL GEORGIA ELECTRIC MEMBERSHIP CORPORATION Easement across state property in Monroe County 1569 CENTRALHATCHEE, CITY OF Public works contracts 7222 CERTIFICATE OF NEED Charity care and utilization levels for new perinatal services; revocation; terminating as provider of medical assistance; exceptions 1068 CERTIFICATES OF TITLE Motor vehicle dealers 2785 Requirements and procedures 2978 CHARLTON COUNTY Board of commissioners; districts 5910 Board of education; districts 5419 CHATHAM COUNTY Board of commissioners; districts 6164 Board of commissioners; issuance by county employees of citations for violations of ordinances, codes, regulations, rules, or orders 5411 Board of public education; districts 5516 Recorder's court; probation services; contracts 5729 Recorder's court; service by senior judges 6157 CHATTOOGA COUNTY Board of commissioners; districts Vetoed HB 1495 Lookout Mountain Judicial Circuit; district attorney; personnel; compensation; budget 6649 Superior court; additional judge 328
Page LXXXIX
CHECKS Unclaimed; time period for presumption of abandonment 1237 CHEROKEE COUNTY Board of commissioners; districts; elections 5036 Board of education; districts 5044 Cherokee County Water and Sewerage Authority; meetings 5718 CHEROKEE COUNTY WATER AND SEWERAGE AUTHORITY Meetings 5718 CHILD CUSTODY Custodial parents; notification of change of residence 1656 Joint custody; agreements; written findings 2135 CHILD MOLESTATION Enticing a child for indecent purposes; penalties 2131 Limitation of civil actions 2473 Limitations on prosecution tolled if victim under 16 2973 CHILD SUPPORT Completion of secondary education; guardian ad litem; enforcement; representation by district attorney 1833 Payroll deductions for accident and sickness insurance premiums 1264 Receivers; collection of court costs and service fees 2516 Vital records; birth certificates to include parents' social security numbers; Office of Child Support Recovery 1270 CHILDHOOD SEXUAL ABUSE Defined; limitation of civil actions 2473 See CHILD MOLESTATION CHILDREN AND YOUTH Birth certificates; adoption or legitimation 2410 Child support receivers; collection of court costs and service fees 2516 Childhood sexual abuse; definition; limitation of civil actions 2473 Controlled substances or marijuana; using person under 17 to manufacture or distribute 2041 Department of Children and Youth Services; creation; transfer of duties and employees 1983 Department of Human Resources; treatment, care, and support; reimbursement 2137 Disposition orders; periodic reviews 2184
Page XC
Enticing a child for indecent purposes; penalties 2131 Juvenile court; victim statements 2419 Juvenile proceedings; counseling; procedures and expenses 2474 Limitations on prosecution tolled for certain crimes if victim under 16 2973 Local boards of education; care for students before and after school and during vacations 1831 Preschool age children; assistance; immunization; Board of Human Resources; regulations 3044 State commission on family violence; state plan 1810 Support; completion of secondary education; guardian ad litem; enforcement 1833 Vital records; birth certificates to include parents' social security numbers; Office of Child Support Recovery 1270 See CHILD CUSTODY and CHILD SUPPORT CHURCHES Fire safety standards 2186 CIVIL OFFICES Residency requirement 1138 CIVIL PRACTICE Buses for hire; presumption of negligence in civil actions repealed 1179 Childhood sexual abuse; definition; limitation of civil actions 2473 Code revision 6 Judgments; tax liens; priority with respect to a security interest 1028 Judicial sales; personalty; at place other than courthouse in certain counties 1229 Local governments; officers, agents, and employees; authority to serve process 2122 Official organs; designation; standards 1035 CIVIL RIGHTS ACT OF 1968 Policies executed; fair housing; Commission on Equal Opportunity; nondiscrimination 1840 CLAIMS Life insurance 1293 CLARENCE R. VAUGHN, JR., HIGHWAY Designated 3069 CLARKE COUNTY Athens-Clarke County; commission; districts; auditor's reports 5527 Athens-Clarke County Industrial Development Authority; membership 6556 Board of education; districts; titles; audits 5540
Page XCI
Gary B. Blasingame, et al.; easement across state owned property 3072 Homestead exemption; county and school district taxes; referendum 6241 Homestead exemptions; county and school district taxes; referendum Vetoed HB 1481 State Court of Athens-Clarke County; solicitor; compensation 5357 Unified Government of Athens-Clarke County; easement across state owned property 3095 CLARKSON, JAMES L., MEMORIAL HIGHWAY Designated 1608 CLAY COUNTY Board of commissioners; districts 6096 CLAYTON, CITY OF Clayton-Rabun County Water and Sewer Authority; creation 6403 CLAYTON COUNTY Board of commissioners; districts; terms 4584 Board of commissioners; sale of county property 7096 Board of education; districts 4573 Burial of paupers 7080 Community improvement districts; creation 5698 District attorney; salary supplement 5409 Homestead exemption; county taxes; referendum 6146 Pension system; eligibility for benefits; average salary 7058 Superior court; judges; salary supplement 6148 CLAYTON JUDICIAL CIRCUIT District attorney; salary supplement 5409 Judges; salary supplement 6148 CLAYTON-RABUN COUNTY WATER AND SEWER AUTHORITY Creation 6403 CLERKS OF SUPERIOR COURTS County real estate deed records; computerized index 1545 Salaries; minimum; longevity; cost-of-living 1478 Sheriffs; payment of clerks' fees 1311 Superior Court Clerks' Retirement Fund of Georgia; payments in certain counties 2348
Page XCII
CLERMONT, TOWN OF Mayor and council; terms; elections 5393 CLEVELAND, CITY OF Municipal court; penalties 7176 CLIFTON, ALBERT D., MEMORIAL HIGHWAY Designated 3070 CLINICAL SOCIAL WORKERS Emergency transport decision; involuntary evaluation; mental health hearing 2531 COASTAL MARSHLANDS PROTECTION ACT OF 1970 Coastal Marshlands Protection Committee; Department of Natural Resources' powers; permits; leases; orders; exceptions; liability for violation 2294 COBB COUNTY Board of commissioners; county purchases 6128 Board of commissioners; districts; qualifications; compensation; county manager and department heads 5100 Board of commissioners; vacancies; meetings; emergency actions 5180 Board of education; compensation 5343 Board of education; districts; elections 5116 Civil service system; board members; terms 5330 Civil service system; board members; terms; expiration dates 5416 Community improvement districts; purpose; life of a district 6159 Community improvement districts; purpose; life of a district 5613 Tax commissioner; collection of school taxes 5684 CODE REVISION O.C.G.A.; corrections 6 Title 21; corrections 56 Title 40; corrections 2785 Title 47; corrections 477 COFFEE COUNTY Board of commissioners; districts; elections 6613 Board of education; districts; elections 6856
Page XCIII
COIN OPERATED AMUSEMENT MACHINES Regulation and licensure 1521 COLEMAN'S BRIDGE Designated 3087 COLISEUMS Defined for purpose of selling alcoholic beverages 2929 COLLECTION Intangible recording tax; 4 percent commission for collection in certain counties 1686 COLLEGES AND UNIVERSITIES American Sign Language; credit for college preparatory curriculum; elective credit 2519 Certain colleges and universities and nonpublic institutes of paper science and technology; exemption from Nonpublic Postsecondary Educational Institutions Act of 1990 2198 Georgia Military College; board of trustees; members; terms 2098 Nonpublic Postsecondary Educational Institutions Act of 1990; commission; contracts; United States Department of Education; applications; agent's permits 1657 COLONEL TOM PARROTT PARKWAY Designated 3062 COLONEL'S ISLAND Vandiver Point; designated 1558 COLQUITT COUNTY Board of commissioners; districts; elections 6274 Board of education; districts; elections 5801 Easement across state owned property 1562 COLUMBIA COUNTY Homestead exemption; county and school district taxes; referendum 6175 COLUMBUS, CITY OF Springer Opera House designated as official Georgia state theater 1633
Page XCIV
COMMERCE AND TRADE Ad valorem taxation; heavy-duty construction equipment; nonresidents 1551 Agricultural products; transfer of ownership; payment; dealers; inspections 1282 Agricultural products dealers; bond 2149 Auction sales of flue-cured leaf tobacco; license fees 1023 Beauty pageants; regulation; bond; disclosures; penalties 3256 Bird dealers; license fees 993 Code revision 6 Contact lenses; restrictions on sale 1475 Counties; sales; water and sewer systems materials; publish standards 3212 Foreign limited liability companies; qualifications and registration to transact business; revocation of certificates of authority 1865 Geo. L. Smith II Georgia World Congress Center Authority; alcoholic beverages; sale for consumption on premises 2097 Health care services providers; advertisements; deceptive and misleading practices 2488 Honeybees; compensation for destroyed colonies 1121 Junk or metal dealers; regulation, procedures, and practices 2452 Legal services; false advertising; jurisdiction; Governor's Office of Consumer Affairs 1556 Liquefied petroleum gas; standards 2134 Lottery materials and equipment; manufacture for use outside the state not prohibited 1489 Multilevel distribution companies; certain practices unlawful and deceptive; remedies 2370 Personal care home operators; licensed and unlicensed; representations 2139 Securities; investment securities 2626 Small business stationary source; technical and environmental compliance program; air quality; office; advisory panel 2886 Spring water; labeling and sales 1016 Tobacco; auction sales of flue-cured leaf tobacco; license fees 1023 Toxic heavy metals in packaging 2968 Tractor, farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and representatives; regulation by General Assembly; proposed amendment to the Constitution 3342 Unfair claims settlement practices; unlawful acts; hearings and procedures 3048 Unlawful for nonlocal business to advertise local telephone number without nonlocal address 1129 Warehouseman; license fees; warehouse receipts 2553 Weights and measures; fees 1278 Wholesale distribution; out-of-state principals; sales representatives; contracts; commission 1320 COMMERCIAL CODE Code revision 6 Funds transfers; payment orders 2685 Investment securities; secured interests 2626 Tax liens; judgments; priority with regard to a security interest 1028
Page XCV
COMMERCIAL FEEDS Dealers; license fees; limit; warehouse receipts 2553 Regulation and licensing 3018 COMMERCIAL MOTOR VEHICLES Driving under the influence of alcohol; suspension of license 2564 Household goods carriers for hire 1640 Presumption of negligence in civil actions repealed 1179 Registration deadlines 2978 School buses; strobe lights; exception 2963 COMMERCIAL SOLICITATION Public records 2829 COMMISSION ON EQUAL OPPORTUNITY Fair housing; nondiscrimination 1840 New name; fair housing; equal employment 1828 COMMISSION ON FAMILY VIOLENCE Created; state plan to end family violence 1810 COMMISSION ON WOMEN Creation 820 COMMISSION SALES Out-of-state principals; sales representatives; contracts 1320 COMMISSIONER OF AGRICULTURE Commercial feeds; regulation and licensing 3018 Grain dealers; license fees 2132 Pesticides; regulation by county or municipal corporation prohibited; exemption 3162 Powers under Humane Care for Equines Act 3214 COMMISSIONER OF INSURANCE Accident and sickness policies; provide claim forms 1184 Insurers; examinations; certificate of authority; administrative supervision; valuation; investments 2877 Manufactured homes; insurance fees 2725 Rate modification review for individual accident and sickness 1648 Unfair claims settlement practices; unlawful acts; hearings and procedures 3048
Page XCVI
COMMISSIONER OF LABOR Discharge of debts 1029 High-voltage electrical lines; regulation of workers; safeguards 2141 Powers; educational assistance for personnel 1029 COMMUNITY EDUCATION AND DEVELOPMENT ACT Enacted Vetoed SB 587 Repealed 2829 COMPETITIVE BIDDING Certain counties 1221 Regional development centers 1271 COMPOSITE STATE BOARD OF MEDICAL EXAMINERS Physician's Assistants Advisory Committee; expense allowances; mileage allowances; reimbursement 1153 CONASAUGA JUDICIAL CIRCUIT District attorney; investigator's power of arrest 6352 CONDITIONAL RELEASE Drug tests 3234 CONDITIONED AIR CONTRACTORS Licensing exemption Vetoed HB 1109 CONFLICTS OF INTEREST Lobbyists; elected officials; contributions 1075 Regional development centers 1271 CONGRESS Districts 833 Districts; definitions 335 CONSENT No defense to sexual assault against persons under psychotherapeutic care 1940 CONSERVATION AND NATURAL RESOURCES Archeological permits; burial sites; prohibited acts; penalties; traffic in ancient objects prohibited 1790
Page XCVII
Biomedical waste thermal treatment technology facilities; landfill permits 3276 Biomedical waste thermal treatment technology facilities; reports; certain information; site selection Vetoed HB 1169 Coastal Marshlands Protection Committee; Department of Natural Resources' powers; permits; leases; orders; exceptions; liability for violation 2294 Code revision 6 Department of Natural Resources; volunteers services programs; expenses; insurance; bonds 2328 Environmental Education Council 2331 Georgia Air Quality Act of 1978; revised 2886 Georgia Air Quality Act of 1978; revised; emission inspections 918 Georgia Comprehensive Solid Waste Management Act; Solid Waste Trust Fund; tires 3259 Georgia Hazardous Site Response Act 2234 Georgia Hazardous Waste Management Act 2234 Georgia Motor Vehicle Emission Inspection and Maintenance Act 918 Georgia Prescribed Burning Act; enacted; purposes; requirements 2405 Georgia Safe Dams Act of 1978; final orders filed in superior court of county 1314 Georgia Youth Conservation Corps; membership 1983 Governor's Ground-water Advisory Council Vetoed SB 618 Joint Study Committee on State and Local Government Environmental Enforcement Authority; creation 1560 Marine toilets; restrictions Vetoed SB 618 Parks and recreation areas; prohibited acts; probate court jurisdiction 1547 Review, continuation, reestablishment, or termination of certain regulatory agencies 3137 River basin management plans; development; submission; approval 1896 Shore Assistance Act amended 1362 Solid waste management; definitions; powers; Board of Natural Resources and director of Environmental Protection Division; recycling programs; fees 3276 State general obligation debt or guaranteed revenue debt; loans to local government entities or authorities for solid waste recycling or facilities or systems; proposed amendment to the Constitution 3329 Surface mining; mining use plan defined and substituted for mined use plan; reclamation; powers and duties of Environmental Protection Division; permits; civil penalties; incidental dams 1098 Upper Savannah River Development Authority Vetoed HB 1767 Waste management; toxic heavy metals in packaging; regulation; procedures; Board of Natural Resources 2968 Wetlands Conservation Study Committee; continuation 3099 CONSERVATION EASEMENTS Georgia Uniform Conservation Easement Act 2227
Page XCVIII
CONSTITUTION OF THE STATE OF GEORGIA Ad valorem taxes; classification; heavy-duty equipment motor vehicles and other motor vehicles 3336 Indigent Care Trust Fund; dedicated revenues; use of funds for health care and Medicaid 3333 Local Acts repealing local amendments to the Constitution 3335 State general obligation debt or guaranteed revenue debt; loans to local government entities or authorities for solid waste recycling or facilities or systems 3329 Tractor, farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and representatives; regulation by General Assembly 3342 Transportation Trust Fund; creation 5339 CONSTRUCTION Approval of plans by Safety Fire Commissioner 2186 CONSTRUCTION EQUIPMENT Heavy-duty; ad valorem taxation 1551 CONSULATES Employees of governments with; refunds of motor fuel and road taxes 2095 CONSUMER PROTECTION Auctioneers; used motor vehicle dealers 2450 Contact lenses; restrictions on sale 1475 Insurance; unfair practices 996 Legal services; false advertising 1556 Unlawful for nonlocal business to advertise local telephone number without nonlocal address 1129 See COMMERCE AND TRADE and DECEPTIVE PRACTICES CONTACT LENSES Restrictions on sale 1475 CONTESTED ELECTIONS Municipal elections 2510 CONTRACTORS Irrigation; licensing; qualifications; requirements Vetoed HB 559 Roofing; licensing and regulation; exception Vetoed HB 1290
Page XCIX
CONTRACTS Agricultural products; payment; transfer of ownership; inspections 1282 Approval of assumption reinsurance agreements; procedures 1385 Code revision 6 Corporate documents; execution; presumption of authority 1180 Escrow accounts; real estate brokers and salespersons 1541 Group accident and sickness insurance; coverage; persons 60 years and over; continuation rights 1969 Out-of-state principals; sales representatives; commission 1320 Public works; retainage; interest; pay-off 2091 Resource Conservation and Development Councils; contracts with state agencies 904 CONTROLLED SUBSTANCES Dangerous drugs; listing 1131 Dangerous drugs and controlled substances; issuance to licensed ambulance services, first responders, or neonatal services 1307 In, on, or within 1,000 feet of a county or city park, playground, or recreation center; unlawful 2043 Person under 17 used to manufacture or distribute controlled substances and marijuana 2041 CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT Penalties 1634 CORDELE, CITY OF Budgets; audits 7237 Commission; veto of actions by chairman or vice chairman, when presiding 7242 CORNELIA, CITY OF Commission; investigations; employees; conflicts of interest; elections; vacancies; city manager; city attorney; municipal court; departments 7128 Election districts; city commission wards 7225 CORONERS Qualifications; waiver 1436 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Code revision 6 Documents; execution; presumption of authority 1180 Foreign limited liability companies; qualifications and registration to transact business; revocation of certificates of authority 1865 Hospital Financing Authority; definitions; health facilities; participating providers 1323
Page C
Nonprofit corporations for regional development centers 2108 Presumption of authority for documents; conditions 1180 Professions and businesses; proof of licensure to receive business license 1553 CORRECTIVE LENSES Contact lenses; restrictions on sale 1475 COSMETOLOGY Student licenses; reports; discipline; fines; termination 2490 COUNCIL OF JUVENILE COURT JUDGES Employees; creditable service; Employees' Retirement System of Georgia 1151 COUNCIL ON AMERICAN INDIAN CONCERNS Powers and duties; membership 1790 COUNTIES Absentee ballots; receipt at courthouse branch in certain counties 1208 Ad valorem taxation; assessments; different for certain counties and cities 1226 Ad valorem taxation; boards of equalization; authority for additional boards in certain counties repealed 1678 Ad valorem taxation; county tax digests; evaluation cycle; additional state tax; penalty; waiver; appeals 2494 Ad valorem taxation; date for completion of revision and assessment of returns in certain counties 1191 Ad valorem taxation; due date; delinquency; interest; executions in certain counties 1218 Ad valorem taxation; exemptions; homestead includes leased property in certain counties 2058 Ad valorem taxation; homestead exemptions; date for filing application in certain counties 1190 Ad valorem taxation; interest and executions in certain counties 1211 Ad valorem taxation; interest rate, date applicable; executions in certain counties 1189 Ad valorem taxation; joint city-county board of tax assessors in certain counties; appeals and reviews 1676 Ad valorem taxation; mobile home local permits; annual deadline in certain counties 1683 Ad valorem taxation; mobile homes; time for return for taxation in certain counties 1684 Ad valorem taxation; time for making returns in certain counties 1188 Ad valorem taxation; time for presentation of tax returns to county board of tax assessors in certain counties 1187 Additional boards of equalization in certain counties; contracts by certain municipal corporations for county assessment 2352
Page CI
Airports; extraterritorial condemnation of property for airports or landing fields 1434 Authority of board of health in certain counties to develop activities and rules for injury prevention 1204 Board of commissioners and chairman; compensation; counties of 26,290 - 27,280 1210 Board of commissioners of certain counties; Act providing meeting date and location repealed 2061 Board of elections to conduct municipal elections in certain cities 1693 Bonds; binding statements regarding use of funds in certain counties 1232 Bookkeeping and accounting; uniform central system for certain counties 2337 Burial grounds; preservation and protection; reimbursement 2508 Bus shelters; regulation 1504 Commissioners; compensation Act repealed 1681 Constitutional county officers; minimum salaries; longevity; cost-of-living 1478 Controlled substances; in, on, or within 1,000 feet of a county or city park, playground, or recreation center; unlawful 2043 County board of health; additional member in certain counties 1217 County clerk of certain counties; compensation Act repealed 1685 County jail funds; manner to be paid over 2065 County jail funds; municipal courts; payments to county with which municipality has contracted 994 County manager authorized in certain counties 2341 County police; funds for aid, pension, and dependents in certain counties 2347 County police and firefighters; retirement; recomputation by certain counties 2343 County police force; creation; approval of electors in special election required 324 County Probation Advisory Council; created 3221 County probation employees in certain counties continued in local retirement system 2344 County real estate deed records; computerized index 1545 County treasurer in certain counties 1225 County treasurer in certain counties; Act abolishing office repealed 1034 Development authorities; joint boards of directors for authorities created by Constitution and by local resolution 1207 Development authorities; number of directors 1614 Development authorities of certain counties and cities; board of directors for constitutional authority to become board for authority created under Title 36, Chapter 62 1157 Downtown development authorities; designations as redevelopment agency and urban redevelopment agency; definitions; powers 2533 Education grants; Community Education and Development Act repealed 2829 Elections; absentee ballots and voting; methods; procedures 1815 Elections; ballots; designated chief deputy for candidates for clerk of state court in certain counties 2590 Elections; poll officers of certain counties; compensation 2590 Eminent domain; superior court of certain counties to fix assessors' costs 1688 Facilities for alcoholics, drug dependent persons and users, or delinquent children; notice to governing authority and General Assembly members 2120
Page CII
Fire safety standards; enforcement; investigation 2186 Funds; provision on deposit and audit in certain counties repealed 1219 Funds held for third party; county or court officer can deposit in county treasury 2350 Impact fees; date for conformity with statute; connection fees for water and sewer systems 905 Income taxes; credits; certain businesses in certain counties 2031 Inmates' accounts; use to defray certain costs incurred; exceptions 2942 Intangible recording tax; 4 percent commission for collection in certain counties 1686 Jails; inmates' medical care; payment 2125 Joint Study Committee on Local Government Services 3066 Joint Study Committee on State and Local Government Environmental Enforcement Authority; creation 1560 Judges' minimum salary in certain counties 2049 Judicial sales; personalty; at place other than courthouse in certain counties 1229 Justice of the peace emeritus in certain counties 2351 Law enforcement officers; citizens of adjoining states 1325 Law enforcement officers; training; reimbursement of costs 1325 Motor vehicle load limitations; fines 1236 Multicounty public defender 1963 Municipal annexation; revise and establish procedures relating thereto 2592 Municipal taxation and license fees; exemptions inapplicable in certain counties 1226 Officers, agents, and employees; authority to serve process 2122 Officers and employees in certain counties; pension rights 1700 Pesticides; regulation prohibited; exemption 3162 Planning and zoning; county to exercise powers within inactive municipality 2056 Probate court; chief clerk; assumption of judge's duties; compensation 2104 Professions and businesses; proof of licensure to receive business license 1553 Property acquired for lake purposes; disposal 1348 Public safety radio; joint use inapplicable in certain counties 1444 Purchasing in certain counties 1221 Rabies; inoculation of felines; county boards of health; procedures; certificates of inoculation 2089 Refuse containers in certain counties 907 Regional development centers; nonprofit corporations; expenditures; auditing 2108 Registered voters of certain counties added to municipalities' voter registration list 1697 Revenue bond election ads; certain counties 2052 Revenue bonds; undertakings; fees 2197 Rooms, lodgings, and accommodations; excise tax levies; authorization 3035 Sale of real property; highest bidder; sealed bids; auctions 1352 Sales; water and sewer systems materials; publish standards 3212 Schools on 24 hour basis authorized in certain counties 2340 Sheriffs; duties regarding persons charged with county ordinance violations in certain counties 1230 Sheriffs of certain counties; authority to deposit cash bonds and bondspersons' reserves in interest-bearing accounts 1689
Page CIII
Special purpose county sales and use tax; general obligation debt; ballot; special elections 2998 State courts providing municipal court services; contracts; procedures 1161 State general obligation debt or guaranteed revenue debt; loans to local government entities or authorities for solid waste recycling or facilities or systems; proposed amendment to the Constitution 3329 Sunday sale of alcoholic beverages at festivals in certain counties 1694 Sunday sale of alcoholic beverages in certain counties 1214 Superior court clerks in certain counties; compensation 1220 Superior courts; jury clerk and other personnel in certain counties 1692 Superior courts; jury clerk and other personnel in certain counties 1228 Telephone; emergency 911 systems; advisory board 1645 Traffic offenses; electronic reporting of convictions to Department of Public Safety 1118 Trial Judges and Solicitors Retirement Fund; supplemental benefits; superior court and state court judges 1331 Vacancies; appointments to fill 1006 Veterans' preference; Desert Shield and Desert Storm eligibility 2087 Victims restitution funds; claim after seven-year holding period Vetoed HB 1721 Voter registrars; appointment in certain counties 2051 Voter registrars in cities of certain counties to be appointed deputy county registrars 1231 Voter registrars of cities appointed deputy registrars of certain counties 2048 Voter registration cards; reimbursement by Secretary of State 1060 Voters registered in city within certain counties added to county registration list 2345 Workers' compensation; group self-insurance fund 2424 Zoning procedures for certain counties; county authorized to create separate planning commissions for major communities 3017 Zoning review procedures applicable to certain counties 2202 COUNTY BOARDS OF ELECTIONS Board of elections in certain counties 910 Board of elections in certain counties 1212 Board of elections in certain counties 1224 Board of elections in certain counties repealed 1036 Board of elections in certain counties repealed 1027 Board of elections in certain counties repealed 1213 Conduct of municipal elections in certain cities 1693 COUNTY BOARDS OF EQUALIZATION Additional boards in certain counties 2352 COUNTY BOARDS OF HEALTH Rabies; inoculation of felines; county boards of health; procedures; certificates of inoculation 2089
Page CIV
COUNTY OFFICERS AND EMPLOYEES County police and firefighters; retirement; recomputation by certain counties 2343 Retirement; certain counties 1700 COUNTY ORDINANCES Violations; persons charged with; sheriff's duties 1230 COUNTY POLICE Funds for aid, pension, and dependents in certain counties 2347 COUNTY PROBATION ADVISORY COUNCIL Created 3221 COUNTY SCHOOL BOARDS Vacancies; qualifying for other office in certain counties 2339 COUNTY TAX COMMISSIONERS, RECEIVERS, AND COLLECTORS Salaries; minimum; longevity; cost-of-living 1478 COUNTY TREASURY Funds held for third party; county or court officer can deposit in county treasury 2350 COURT FEES Certain counties; volunteer legal service agencies 1056 COURTS Additional penalty assessments; compensation for victims of crime 1836 Adoption petitions; Department of Human Resources; investigations; criminal records checks 2505 Assistant district attorneys; LL.M. degree; redefined 1327 Bonds and recognizances; release of surety; forfeiture; execution hearing; remission 2933 Child support receivers; collection of court costs and service fees 2516 Childhood sexual abuse; definition; limitation of civil actions 2473 Children and youth; Department of Human Resources; treatment, care, and support; reimbursement 2137 Code revision 6 Conasauga Judicial Circuit; district attorney; investigator's power of arrest 6352 County jail funds; manner to be paid over 2065 Criminal jurisdiction; indigent defense in certain counties 2054
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Delinquent or unruly children; dispositional hearings; Department of Children and Youth Services; creation; transfer of duties and employees 1983 District attorneys; victim and witness assistance personnel 1020 Employees' Retirement System of Georgia; creditable service; employees of Judicial Council of Georgia and Council of Juvenile Court Judges 1151 Enotah Judicial Circuit; created 1786 Fees in certain counties; volunteer legal service agencies 1056 Felony trials; jury panel; peremptory challenges 1981 Filing of complaint; procedures, time limits, and requirements 1328 Funds held for third party; county or court officer can deposit in county treasury 2350 Georgia Crime Victims Emergency Fund; allocation 1836 Georgia Safe Dams Act of 1978; final orders filed in superior court of county 1314 Griffin Judicial Circuit; additional superior court judge 2067 Jail Construction and Staffing Act; county jail fund; payments to county with which municipality has contracted 994 Judges; marriage ceremonies; tips for conducting 1488 Judges' minimum salary in certain counties 2049 Justice of the peace emeritus in certain counties 2351 Juvenile court judges' minimum salary in certain counties 2049 Juvenile courts; delinquent or unruly children; disposition orders; periodic reviews 2184 Juvenile courts; judges; practice of law; judicial circuits of 160,000 or more 908 Juvenile courts; senior judges 1112 Juvenile courts; victim impact statements 2419 Juvenile proceedings; counseling; procedures and expenses 2474 Land registration and recording transactions; sheriffs' fees 1311 Magistrate courts in certain counties; fees; volunteer legal service agencies 1056 Municipal court probation systems authorized 1465 Municipal courts; county jail fund payments 994 Municipal courts; driving while a license is suspended or revoked; punishment 1128 Municipal courts; motor vehicle emission inspections 918 Municipal courts in counties without state courts; criminal trespass; jurisdiction 1281 Offenses bailable only before superior court 1150 Probate courts; chief clerk; assumption of judge's duties; compensation 2104 Probate courts; costs in certain counties 1192 Probate courts; hearings; compensation to physicians or psychologists; mental health hearings; expenses 2521 Probate courts; Judges of the Probate Courts Retirement Fund of Georgia; board employees; fund membership and benefits 1037 Probate courts; jurisdiction; prohibited acts in parks and recreation areas 1547 Probate courts; opening defaults 2479 Probate courts; repeal of requirement that clerk of probate court in certain counties attend court for traffic cases 909 Probate judges' minimum salary in certain counties 2049 Probate judges; salaries; minimum; longevity; cost-of-living 1478 Sheriffs; civil cases; fees 1311
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Sheriffs; clerks' recording fees 1311 Sheriffs; duties regarding persons charged with county ordinance violations in certain counties 1230 Sheriffs; qualifications; training 2112 Sheriffs of certain counties; authority to deposit cash bonds and bondspersons' reserves in interest-bearing accounts 1689 State court judges; residency requirements 1257 State courts; clerks' designation of chief deputy by candidates in certain counties 2590 State courts; senior judges 1112 State courts; victim impact statements 2419 State courts in certain counties; fees; volunteer legal service agencies 1056 State courts providing municipal court services; contracts; procedures 1161 Superior court clerks; salaries; minimum; longevity; cost-of-living 1478 Superior court clerk's authority in certain counties to attend probate court in traffic cases repealed 980 Superior court clerks in certain counties; compensation 1220 Superior Court Judges Retirement System; creditable service for certain prior service 1303 Superior court of certain counties to fix assessors' costs in eminent domain cases 1688 Superior courts; assistant district attorney in certain judicial circuits 1679 Superior courts; bail; delegation of authority to set; exceptions; limitation; revocation 2527 Superior courts; clerks; fees in certain counties 2046 Superior courts; Dougherty and Tallapoosa Judicial Circuits; additional judge 2776 Superior courts; felony trails; jury panel; peremptory challenges 1981 Superior courts; Flint Judicial Circuit; additional judge 1668 Superior courts; judges' supplemental expenses allowance in certain judicial circuits 1680 Superior courts; jury clerk and other personnel in certain counties 1692 Superior courts; jury clerk and other personnel in certain counties 1228 Superior courts; Lookout Mountain Judicial Circuit; additional judge 328 Superior courts; McIntosh County; terms 1205 Superior courts; senior judges; state courts and juvenile courts 1112 Superior courts; Stone Mountain Judicial Circuit; judges; salary supplement 6269 Superior courts; victim impact statements 2419 Traffic offenses; electronic reporting of convictions to Department of Public Safety 1118 Trial Judges and Solicitors Retirement Fund; members over 70 years of age; retirement 2102 Trial Judges and Solicitors Retirement Fund; superior court and state court judges; supplemental benefits 1331 Workers' compensation; extensive revision of state law 1942 COWETA COUNTY Board of commissioners; compensation 6506 Board of commissioners; deputy clerk; county treasurer 4887
Page CVII
Board of commissioners; districts 4889 Board of commissioners; 1991 amendment repealed 4896 Board of education; districts 4898 CRAWFORD COUNTY Board of commissioners; districts; elections 5879 Board of commissioners; sludge; ordinances 6320 Board of education; compensation; expenses 6319 CREMATION Unlawful cremation or incineration of a dead body or parts thereof 992 CRIMES AND OFFENSES Abandoned motor vehicles; unlawful to leave without easy access inside 2552 Additional penalty assessments; compensation for victims of crime 1836 Adoption petitions; Department of Human Resources; investigations; criminal records checks 2505 Alcoholic beverages, possession by person under 21; sentence to DUI Alcohol or Drug Use Risk Reduction Program; suspension of driver's license for person under 21 convicted of possession while driving 2746 Bail; delegation of authority to set; exceptions; limitation; revocation 2527 Bailable only before superior courts 1150 Bribery 1075 Bus, rail, or terminal tickets, coins, notes, tokens, transfers, or transaction cards; alteration; sale, possession 985 Child molestation; limitations on prosecution tolled if victim under 16 2973 Childhood sexual abuse; definition; limitation of civil actions 2473 Code revision 6 Controlled substances; dangerous drugs; listing 1131 Controlled substances; in, on, or within 1,000 feet of a county or city park, playground, or recreation center; unlawful 2043 Controlled substances and marijuana; using person under 17 to manufacture or distribute 2041 Controlled Substances Therapeutic Research Act; penalties 1634 County Probation Advisory Council; created 3221 Criminal street gang participation 3236 Criminal trespass; municipal courts; jurisdiction; fines 1281 Cruelty to animals; penalty; exceptions 1654 Dead bodies; unlawful cremation or incineration 992 Enticing a child for indecent purposes; penalties 2131 Guns, explosives, and weapons; unlawful to possess at school 1315 Habitual violators; rules of the road; use of radars Vetoed HB 245 Homicide by aircraft; operating aircraft while under the influence of alcohol or drugs 1443 Human body or parts; selling; prohibited 2946 Illegal hunting of wildlife and feral hogs on public roads; bears, deer, and alligators; penalty 2391 Indigent defense; multicounty public defender 1963
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Juvenile courts; delinquent or unruly children; disposition orders; periodic reviews 2184 Labor pools; unlawful practices; penalties 1936 Limitations on prosecution tolled for certain crimes if victim under 16 2973 Loan brokers; prohibited acts; civil actions; penalties 1123 Lottery materials and equipment; manufacture for use outside the state not prohibited 1489 Methamphetamine; trafficking 2106 Motor vehicles; inadequately secured loads prohibited; points and penalty 1967 Probation or suspension of sentences; victims; notification; Department of Corrections; jurisdiction 3221 Sex offenders; DNA data bank 2034 Sexual assault against persons under psychotherapeutic care 1940 Simple battery against a police officer or law enforcement dog; misdemeanor 2066 Structures on tidewaters; removal; procedures; hearings 2317 Traffic offenses; prosecution 2785 Traffic violations; driver improvement program in lieu of points; reduced fine 2755 Trafficking in methamphetamine 2106 Uniform crime reports to state if victim is student and list school attended 1022 Victim compensation; Georgia Crime Victims Compensation Board; Criminal Justice Coordinating Council to serve as board; director; restitution rights 2426 Victim impact statements 2419 CRIMINAL BONDS Release of surety; forfeiture; execution hearing; remission 2933 CRIMINAL DEFENSE FOR INDIGENTS Appointment of counsel in certain counties 2054 Multicounty public defender for capital felony charges 1963 CRIMINAL JUSTICE COORDINATING COUNCIL Georgia Crime Victims Compensation Board; service as board 2426 CRIMINAL PROCEDURE Accusations; trial of certain felony cases upon 1808 Appointment of counsel for criminal charges in certain counties 2054 Bail; delegation of authority to set; exceptions; limitation; revocation 2527 Bonds and recognizances; release of surety; forfeiture; execution hearing; remission 2933 Code revision 6 County Probation Advisory Council; created 3221 Department of Children and Youth Services; creation; transfer of duties and employees 1983 Family violence; incident report forms; Georgia Bureau of Investigation 2939
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Felony trials; jury panel; peremptory challenges 1981 Filing of complaint; procedures, time limits, and requirements 1328 Fines and forfeitures; motor vehicle load limitations; fines 1236 Georgia Crime Victims Emergency Fund; allocation 1836 Georgia Peace Officer Standards and Training Council; training 2939 Indigent defense; multicounty public defender 1963 Limitations on prosecution tolled for certain crimes if victim under 16 2973 Offenses bailable only before superior court 1150 Plea of not guilty by reason of insanity; examination of defendant; outpatient treatment 1328 Probation or suspension of sentences; victims; notification; Department of Corrections; jurisdiction 3221 Victim compensation; Georgia Crime Victims Compensation Board; Criminal Justice Coordinating Council to serve as board; director; restitution rights 2426 Victim impact statements 2419 Victims restitution funds; claim after seven-year holding period; counties; Georgia Crime Victims Emergency Fund Vetoed HB 1721 CRIMINAL TRESPASS Municipal courts in counties without state courts; criminal trespass; jurisdiction 1281 CRISP COUNTY Easement across state owned property 1565 Magistrate court; law library fees 5379 Tax commissioner; compensation; personnel 6080 CROPS Defined 2398 Payment; transfers of ownership; inspections 1282 CRUELTY TO ANIMALS Criminal offense; penalty; exceptions 1654 Humane care for horses, mules, and asses 3214 CRUELTY TO CHILDREN Limitations on prosecution tolled if victim under 16 2973 CUMMING, CITY OF Cumming-Forsyth County Charter Commission; creation authorized; referendum 6601
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CUMMING-FORSYTH COUNTY CHARTER COMMISSION Creation authorized; referendum 6601 CUSTODY Joint child custody agreements; written findings 2135 Notification of change of residence of custodial parent 1656 D DADE COUNTY Board of commissioners; districts 6131 Lookout Mountain Judicial Circuit; district attorney; personnel; compensation; budget 6649 Superior court; additional judge 328 DAIRY MANUFACTURING PLANTS Definition; jurisdiction; Department of Human Resources and county boards of health 1279 DALTON, CITY OF Employees' Pension Plan; benefits 7213 Public Safety Commission; police and fire departments; age for employment; city attorney; World War II service; chief of police; bond 7205 Urban Area Planning Commission; members; terms 7219 DAMS Surface mining; mining use plan defined and substituted for mined use plan; reclamation; powers and duties of Environmental Protection Division; permits; civil penalties; incidental dams 1098 DANGEROUS DRUGS Controlled substances; listing 1131 DASHER, CITY OF New charter 4730 DAVIDSON, TARA JOYNER Compensation 3114 DAVIS, SANDRA K. Compensation 3063
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DAVIS, WILLIAM A. Conveyance of state owned property in Gordon County 3056 DAVISBORO, CITY OF Easement across state property 1569 DAWSON, CITY OF City code adopted 7194 DAWSON COUNTY Board of education; districts 6092 Dawson County Board of Commissioners Study Commission; creation 6545 DEAD BODIES Disposition permits; permits for disinterment and reinterment 2758 Disturbance; exhibition; repatriation; Council on American Indian Concerns 1790 Unlawful cremation or incineration 992 DEATH CERTIFICATES Time for filing 2758 DEBTOR AND CREDITOR Discharge by Georgia Commissioner of Labor 1029 Industrial loans; fees; Georgia Industrial Loan Commissioner 2725 Loan brokers; prohibited acts; civil actions; penalties 1123 Revenue bonds; undertakings; fees 2197 Tax liens; priority with respect to a security interest 1028 DECEASED PERSONS Death certificates; disposition permits; permits for disinterment and reinterment 2758 Hospice patient; pronounce dead 1392 Unattended death defined 1436 DECEPTIVE PRACTICES Health care services providers; advertisements; deceptive and misleading practices 2488 Multilevel distribution companies; unlawful practices; remedies 2370 See CONSUMER PROTECTION and UNFAIR PRACTICES
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DEEDS County real estate deed records; computerized index 1545 DEER Illegal hunting at night; penalty 2391 Tags 2863 DEFENSE OF INDIGENTS ACT Appointment of counsel for criminal charges in certain counties 2054 DEFENSIVE DRIVING COURSES See DRIVER IMPROVEMENT PROGRAMS See DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM DEKALB COUNTY Board of education; districts 6034 Commission; districts; elections; referendum 6566 DeKalb Ad Valorem Tax Survey Commission; creation 6849 Georgia Power Company; easement across state property 1569 Governing authority; definition; code of ethics; sanctions; referendum 6137 Homestead exemption; county taxes; referendum 6323 Homestead exemption; school district taxes; referendum 6845 Homestead exemption; school district taxes; referendum 5720 Homestead exemptions; school district taxes; referendum 6624 Metropolitan Atlanta Rapid Transit Authority; state and federal funds 7011 Ordinance violations; penalties 5363 Special services tax districts; millage rates in municipalities 6512 Superior court; judges; salary supplement 6269 DELINQUENT CHILDREN See JUVENILE COURTS and JUVENILES DENTIST Board of Human Resources; inclusion in membership Vetoed HB 1162 Practice without a license 2062 DEPARTMENT OF ADMINISTRATIVE SERVICES Public safety radio; joint use inapplicable in certain counties 1444 DEPARTMENT OF AUDITS AND ACCOUNTS Program reviews and evaluations Vetoed SB 410
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DEPARTMENT OF CHILDREN AND YOUTH SERVICES Creation; transfer of duties and employees 1983 DEPARTMENT OF COMMUNITY AFFAIRS Governor's Development Council; composition; powers and duties; assignment to Department of Community Affairs; technical support 2039 Industrialized buildings; injunction for inspection; civil actions; cease and desist orders; entry; reports and records 1158 Liquefied petroleum gas; certain standards prohibited 2134 Regional development centers; reports 1271 DEPARTMENT OF CORRECTIONS Drug tests 3234 Probation or suspension of sentences; certain jurisdiction 3221 DEPARTMENT OF EDUCATION Environmental Education Council 2331 Youth Apprenticeship Program; education; established 2772 DEPARTMENT OF HUMAN RESOURCES Adoption petitions; investigations; criminal records checks 2505 Board of Human Resources; membership Vetoed HB 1162 Children and youth; treatment, care, and support; reimbursement 2137 Department of Children and Youth Services; creation; transfer of duties and employees 1983 Division of Children and Youth Services; transfer of duties and employees to Department of Children and Youth Services 1983 Jurisdiction; dairy manufacturing plants 1279 Juvenile courts; delinquent or unruly children; disposition orders; periodic reviews 2184 Sewage management systems; set state-wide minimum standards 3308 The Patient Cost of Care Act; charge for care or treatment; notice of liability for care 1445 DEPARTMENT OF LABOR Labor pools; regulation 1936 DEPARTMENT OF MEDICAL ASSISTANCE Payment for inmates' medical care 2125 DEPARTMENT OF NATURAL RESOURCES Beaches; authority relating to 1362 Board; regulation; toxic heavy metals in packaging 2968
Page CXIV
Powers regarding coastal marshlands; permits; leases; orders; exceptions; liability for violation 2294 State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts; additional member 2518 Volunteer services program 2328 DEPARTMENT OF PUBLIC SAFETY Certain personnel; unclassified service Vetoed SB 17 Motor vehicles; flashing blue lights; unlawful; exception 1287 State Patrol; disciplinary procedures; arrest powers for internal affairs investigators; promotions and rank 3131 Traffic offenses; electronic reporting of convictions to Department of Public Safety 1118 Use of equipment by uniformed personnel 1310 DEPARTMENT OF REVENUE Ad valorem taxation; real property; transfer tax forms; return for taxation; valuation 1643 DEPARTMENT OF TRANSPORTATION Fees owed; motor vehicle registration withheld from motor carriers 2095 DEPOSITORIES OF STATE FUNDS Cash management; fees; collection, processing, deposit, and withdrawal 1247 DEPOSITS Unclaimed; time period for presumption of abandonment 1237 DESERT SHIELD Veterans' employment preference; eligibility 2087 DESERT STORM Veterans' employment preference; eligibility 2087 DEVELOPMENT Governor's Development Council; composition; powers and duties; assignment to Department of Community Affairs; technical support 2039
Page CXV
DEVELOPMENT AUTHORITIES Development authorities of certain counties and cities; board of directors for constitutional authority to become board for authority created under Title 36, Chapter 62 1157 Joint boards of directors for authorities created by Constitution and by local resolution 1207 Number of directors 1614 DEVELOPMENT IMPACT FEES Local governments; date for conformity with statute; connection fees for water and sewer systems 905 DICKEY, GENEVIE, BRIDGE Designated 3116 DISABLED VETERANS License plates free; joint ownership of vehicle with spouse 1498 DISCHARGE OF DEBTS Georgia Commissioner of Labor 1029 DISCRIMINATION Commission on Equal Opportunity; fair housing; equal employment 1828 Fair housing; Commission on Equal Opportunity 1840 DISPENSING OPTICIANS Contact lenses; sale 1475 DISTANCE LEARNING AND TELEMEDICINE NETWORK Development by Department of Administrative Services; awards from Universal Service Fund to join network 480 DISTILLED SPIRITS Refunds or credits for taxes; manner of collecting taxes 1458 DISTRICT ATTORNEYS Assistant district attorneys; LL.M. degree; redefined 1327 District Attorneys Retirement Fund of Georgia; membership 2355 District Attorneys' Retirement System; membership 2355 Enotah Judicial Circuit; created 1786 Staff; victim and witness assistance personnel 1020
Page CXVI
Superior courts; assistant district attorney in certain judicial circuits 1679 DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA Membership in District Attorneys' Retirement System 2355 Spouses' benefits option 2361 DISTRICT ATTORNEYS' RETIREMENT SYSTEM Code revision 477 Membership; superior court judges 1024 Membership of members of District Attorneys Retirement Fund of Georgia 2355 DIVIDENDS Unclaimed or undistributed; time period for presumption of abandonment 1237 DIVORCE See CHILD CUSTODY and CHILD SUPPORT DNA Data bank for sexual offenders 2034 DOCTORS See PHYSICIANS DOMESTIC FISH Aquaculture 1507 DOMESTIC RELATIONS Adoption petitions; Department of Human Resources; investigations; criminal records checks 2505 Birth certificates; adoption or legitimation 2410 Child custody; custodial parents; notification of change of residence 1656 Child custody; joint custody; agreements; written findings 2135 Child support; completion of secondary education; guardian ad litem; enforcement; representation by district attorney 1833 Child support; payroll deductions for accident and sickness insurance premiums 1264 Child support receivers; collection of court costs and service fees 2516 Code revision 6 Custodial parents; notification of change of address 1656 Georgia Peace Officers Standards and Training Council; training 2939 Incident report forms; Georgia Bureau of Investigation 2939 Judges; marriage ceremonies; tips for conducting 1488
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Paternity; admissibility of information on birth certificate or putative father registry; family violence defined 1266 State commission on family violence; state plan 1810 Vital records; birth certificates to include parents' social security numbers; Office of Child Support Recovery 1270 DOOLEY, MARTIN, PARKWAY Designated 3081 DOOLY COUNTY Board of commissioners; districts; elections 6083 Board of education; districts; elections 6071 DOUGHERTY COUNTY Board of commissioners; districts; meetings 5230 Board of education; districts 5245 Dougherty Judicial Circuit; additional superior court judge 2776 DOUGHERTY JUDICIAL CIRCUIT Additional superior court judge 2776 DOUGLAS, CITY OF City commissioners; terms; elections 5582 DOUGLAS COUNTY Board of commissioners; districts 5444 Board of education; districts 5436 Community improvement districts 5130 Douglasville-Douglas County Water and Sewer Authority; powers; real property 6310 DOUGLASVILLE, CITY OF Community improvement districts 5130 Douglasville-Douglas County Water and Sewer Authority; powers; real property 6310 DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITY Powers; real property 6310 DOWNTOWN DEVELOPMENT AUTHORITIES Designation as redevelopment agency and urban redevelopment agency; definitions; powers 2533
Page CXVIII
DOYLE BECKHAM Easement across state property in Baldwin County 1594 DRIVER IMPROVEMENT PROGRAMS Attendance in lieu of points for traffic violations; reduced fine 2755 Drivers' license restored for completion 2105 Employer provided; insurance premium reductions 2464 Points reduced for completion 2105 Reinstatement of drivers' licenses; acceptance of clinics and programs approved by other states 913 See DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM DRIVERS' LICENSES Commercial drivers' licenses; fees; inmates 1284 Driving while a license is suspended or revoked; municipal courts; punishment 1128 Fees 779 Fraudulent or false applications; suspension 1284 Reinstatement; acceptance of clinics and programs approved by other states 913 Restored for completion of defensive driving or alcohol or drug program 2105 Suspension; traffic accident resulting in serious injuries or fatalities defined; refusal to submit to a chemical test; D.U.I. 912 Suspension and reinstatement 2785 Suspension for person under 21 convicted of possession of alcoholic beverages while driving 2746 Traffic violations; driver improvement program in lieu of points; reduced fine 2755 Veterans' 1496 DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS Endangering a child 2556 Implied consent; commercial motor vehicles 2564 Refusal to submit to a chemical test; traffic accident resulting in serious injuries or fatalities 912 Suspension of driver's license; driver improvement programs 2564 DRUG TESTS Inmates; persons conditionally released 3234 DRUGS Controlled substances; dangerous; listing 1131 Controlled Substances Therapeutic Research Act; penalties 1634 Dangerous drugs and controlled substances; issuance to licensed ambulance services, first responders, or neonatal services 1307
Page CXIX
Facilities for alcoholics, drug dependent persons and users, or delinquent children; notice to governing authority and General Assembly members 2120 In, on, or within 1,000 feet of a county or city park, playground, or recreation center; unlawful 2043 Mandatory tests for candidates; illegal drug defined; reimbursement; laboratories 1612 Methamphetamine; trafficking 2106 Person under 17 used to manufacture or distribute 2041 Tests; inmates; persons conditionally released 3234 DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM Attendance; nolo contendere plea 2564 Driver's license restored for completion 2105 Points reduced for completion 2105 Reinstatement of driver's license for person under 21 2746 DUNES Protected 1362 DURABLE MEDICAL EQUIPMENT Sales and use taxes; exemptions 1276 DURABLE POWER OF ATTORNEY Life-sustaining procedures; form; execution 1926 E EARLY COUNTY Board of commissioners; districts 5748 EASEMENTS Georgia Uniform Conservation Easement Act 2227 EAST POINT, CITY OF East Point Building Authority; membership 5430 East Point Business and Industrial Development Authority; membership 5427 East Point Parking Authority; membership Vetoed HB 1934 East Point Parking Authority; membership 6825 Municipal court; jurisdiction; penalties 7112 Recall 7198
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EAST POINT BUILDING AUTHORITY Membership 5430 EAST POINT BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY Membership 5427 EAST POINT PARKING AUTHORITY Membership Vetoed HB 1934 Membership 6825 EASTMAN, CITY OF Corporate limits 6519 EATONTON, CITY OF Mayor and aldermen; elections; wards; terms 5602 ECHOLS COUNTY Board of commissioners; compensation 5381 EDUCATION Aid to Dependent Children Act; eligibility for funds 2772 American Sign Language; credit for college preparatory curriculum; elective credit 2519 Assistance for employees of Georgia Department of Labor 1029 Board of Regents of the University System of Georgia; conveyance of state property to 1601 Capital outlay funds; opposition to school consolidations 3211 Capital outlay funds; school consolidation and reorganization; hearings and procedures; project funding 3164 Care for students before and after school and during vacations 1831 Certain colleges and universities and nonpublic institutes of paper science and technology; exemption from Nonpublic Postsecondary Educational Institutions Act of 1990 2198 Certification; Professional Standards Commission 2365 Child support completion of secondary education 1833 Code revision 6 Community Education and Development Act repealed 2829 County school boards; vacancies; qualifying for other office in certain counties 2339 Demonstration plans and programs 1332 Department of Children and Youth Services; creation; transfer of duties and employees 1983
Page CXXI
Distance learning and telemedicine network; development by Department of Administrative Services; awards from Universal Service Fund to join network 480 Enrollment; funding calculation 1335 Flexible employee benefit plans for state employees and others; group property and casualty insurance 2111 Georgia Military College; board of trustees; members; terms 2098 Guns, explosives, and weapons at school or school function 1315 High school credit for courses taken at postsecondary educational institutions 462 Local boards; policies; sex education and AIDS prevention Vetoed HB 1837 Local school superintendents; expenses and per diem provisions; certification; applicability 1010 Mandatory programs in penal institutions 3219 Media center computer hardware and software; funds 1500 Multiyear lease purchase; Community Education and Development Act; grants Vetoed SB 587 No Pass/No Play provisions; applicability Vetoed SB 622 Nonpublic Postsecondary Educational Institutions Act of 1990; commission; contracts; United States Department of Education; applications; agent's permits 1657 Nonpublic Postsecondary Educational Institutions Act of 1990; fees 1005 Pay-for-performance programs; established; implementation 3164 Professional Standards Commission; certification 2365 Public School Employees Retirement System; application; effective date of retirement 1154 Public school enrollment; social security number 2200 Public schools; comprehensive evaluations and standards; exemptions Vetoed SB 484 Quality Basic Education Act; environmental education 2331 Quality Basic Education Act; high school credit for courses taken at postsecondary educational institutions 462 Quality Basic Education Act; media center computer hardware and software; funds 1500 Quick start training for industry; rules 2201 Scholarships, loans, and grants; advertising and promotion; powers of Georgia Higher Education Assistance Corporation and Georgia Student Finance Authority 1001 School buses; homicide by vehicle 2093 School buses; strobe lights; exception 2963 Schools; 24 hour basis authorized in certain counties and cities 2340 Service cancelable educational loans; degree programs in gerontology and geriatrics 1058 Sex education and AIDS prevention Vetoed HB 1837 State board; certification 2365 State board of technical and adult education 2201 State school superintendent 2365 Students attending school where parent employed 2103 Study Commission on Postsecondary Technical and Adult Education Finance; creation 3323 Teachers and school personnel; grievance procedures; complaints policy 3303
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Teachers and school personnel; payroll deduction services by local units of administration 1501 Teachers Retirement System of Georgia; attendance officers; membership 2182 Teachers Retirement System of Georgia; disability retirement 2180 Teachers Retirement System of Georgia; early retirement; 30 years of service 1301 Teachers Retirement System of Georgia; members; retirement allowance 2476 Teachers Retirement System of Georgia; members; spousal options; revocation 1554 Textbooks and library books; sanctions for willful or negligent loss or damage Vetoed HB 727 Tuition equalization grants at private colleges and universities; approved schools Vetoed HB 1287 Tuition Guaranty Trust Fund; established; fees; procedures 2615 Uniform crime reports to state if victim is student and list school attended 1022 Youth Apprenticeship Program; established; Department of Education 2772 EDWARD C. MOSES HIGHWAY Designated 1882 EFFINGHAM COUNTY Board of commissioners; districts 4538 Board of commissioners; membership; elections; terms; vacancies; compensation; chairman; vice chairman 4558 Board of education; elections; districts 4601 ELECTED OFFICIALS Ethics; comprehensive regulation of public officials and lobbyists; bribery 1075 ELECTION CONTESTS Contested municipal elections 2510 ELECTION SUPERINTENDENTS Elections; absentee ballots and voting; methods; procedures 1815 ELECTIONS Absentee ballots; procedures revised 2510 Absentee ballots; receipt at courthouse branch in certain counties 1208 Absentee ballots and voting; methods; procedures 1815 Ad valorem taxation; freeport exemption, joint county and municipal sales and use tax, and special county 1 percent sales and use tax; time period for referendum changed Vetoed HB 198 Ballots; designated chief deputy for candidates for clerk of state court in certain counties 2590 Code revision 56
Page CXXIII
Congress; districts; definitions 335 Contests; municipal primaries and elections 1163 County board of elections in certain counties 910 County board of elections in certain counties 1212 County board of elections in certain counties 1224 County board of elections in certain counties repealed 1036 County board of elections in certain counties repealed 1027 County board of elections in certain counties repealed 1213 County school boards; vacancy created when member qualifies for other elective office in certain counties 2339 Criminal history records; availability to county boards of registrars and county boards of registration and election 1009 Ethics; comprehensive regulation of public officials and lobbyists; bribery 1075 Mandatory drug tests for candidates; illegal drug defined; reimbursement; laboratories 1612 Municipal elections; contested primaries and elections; comprehensive revision 1163 Municipal elections conducted by county board of elections in certain cities 1693 Poll officers of certain counties; compensation 2590 Presidential preference primary; date; referendums and special elections in 1992; absentee ballots 1 Qualification fees; agents; absentee ballots; notice of intention of candidacy; pending election contests 2510 Registered voters of certain counties added to municipalities' voter registration list 1697 Residency requirement to hold civil office 1138 Revenue bond election ads; certain counties 2052 Revenue bonds; binding statements regarding use of funds in certain counties 1232 Special elections; creation of county police force 324 Special purpose county sales and use tax; general obligation debt; ballot; special elections 2998 State court judges; residency requirements 1257 United States Congress; districts 833 Voter registrars; appointment in certain counties 2051 Voter registrars in cities of certain counties to be appointed deputy county registrars 1231 Voter registrars of cities appointed deputy registrars of certain counties 2048 Voter registration; postage on return cards for continuation in certain cities 1698 Voter registration cards; reimbursement of counties by Secretary of State; court orders; reapportionment 1060 Voters registered in city within certain counties added to county registration list 2345 ELECTRICAL CONTRACTORS Licensing exemption Vetoed HB 1109 ELECTRICITY High-voltage electrical lines; regulation of workers; safeguards 2141
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ELECTRONIC FUNDS TRANSFERS Payment of taxes and licenses to state revenue commissioner 1234 ELLAVILLE, CITY OF New charter 6910 EMANUEL COUNTY Board of education; vacancies 5376 EMERGENCY MANAGEMENT AGENCY Creation as a separate agency 1258 EMERGENCY SERVICES Telephone; emergency 911 systems; advisory board 1645 EMINENT DOMAIN Superior court of certain counties to fix assessors' costs 1688 EMISSIONS INSPECTION Revision 918 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA Board of trustees; Georgia Defined Contribution Plan 1288 Code revision 477 County probation employees in certain counties continued in local retirement system 2344 Creditable service; employees of Judicial Council of Georgia and Council of Juvenile Court Judges 1151 Creditable service; reestablishment; former members of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia 1110 Disability beneficiaries; income limitations 1108 Members becoming members of the Teachers Retirement System of Georgia; service credits; contributions 1105 Membership; employees of new state agencies or authorities 2176 Membership; GeorgiaNet Authority 2117 Membership; judicial employees; court administrators of judicial circuits 2995 Optional allowance; spouses' benefits; remarriage 2975 Optional allowances; death of designated spouse and remarriage of retired member; limitations on option for new spouse 1141 Retired members performing not more than 1,040 hours of service per year; benefits 2178
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EMPLOYMENT SECURITY Aliens; employer transferring business; panels of hearing officers; extended benefits 776 ENGINEERS Land surveyors; definition; eligibility; certificate of registration; seals 3297 ENOTAH JUDICIAL CIRCUIT Created; Towns, Union, Lumpkin, and White counties; judges, district attorney, and other staff 1786 ENTICING A CHILD FOR INDECENT PURPOSES Limitations on prosecution tolled if victim under 16 2973 Penalties 2131 ENVIRONMENT Air quality regulated by Environmental Protection Division 2886 Marine toilets; restrictions Vetoed SB 618 ENVIRONMENTAL EDUCATION Curriculum 2331 ENVIRONMENTAL FACILITIES AUTHORITY, GEORGIA Loans for solid waste projects 2316 ENVIRONMENTAL PROTECTION DIVISION Biomedical waste thermal treatment technology facilities; reports; certain information; site selection Vetoed HB 1169 Director; Georgia Safe Dams Act of 1978; final orders filed in superior court of county 1314 Director; revised powers; solid waste management 3276 Duties relating to air quality 2886 Duties relating to scrap tires 3259 Powers and duties relating to hazardous waste 2234 Surface mining; mining use plan defined and substituted for mined use plan; reclamation; powers and duties of Environmental Protection Division; permits; civil penalties; incidental dams 1098 EQUAL EMPLOYMENT Commission on Equal Opportunity 1828
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EQUINES Humane care required 3214 Humane Care for Equines Act; enacted; rules, regulations, and procedures 2398 Stables; license fees 1122 ESCROW ACCOUNTS Real estate brokers and salespersons 1541 ETHICS Comprehensive regulation of public officials and lobbyists; bribery 1075 Regional development centers; conflicts of interest; bidding; election of board members 1271 ETIOLOGIC AGENTS Marking of vehicles of nurses transporting body fluids 982 EUHARLEE, CITY OF Mayor; terms; city elections 5866 EUTHANASIA Horses, mules, and asses 3214 EVANS COUNTY Board of commissioners; districts; terms 4693 Board of education; districts; terms 4686 EVIDENCE Application of open records law 1061 Buses for hire; presumption of negligence in civil actions repealed 1179 Code revision 6 DNA data bank for sexual offenders 2034 Unclaimed property; time period for presumption of abandonment 1237 EXECUTORS Investments; service providers not precluded; incorporation by reference 1438 EXITS Unlawful to lock 2186
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EXPLOSIVES License fees 2186 School; unlawful to possess at 1315 EXTRACURRICULAR ACTIVITIES Schools; No Pass/No Play provisions; applicability Vetoed SB 622 EYE CARE Contact lenses; restrictions on sale 1475 F FACADE AND CONSERVATION EASEMENTS ACT OF 1976 Repealed; Georgia Uniform Conservation Easement Act enacted 2227 FAIR BUSINESS PRACTICES ACT OF 1975 Beauty pageants; regulation; bond; disclosures; penalties 3256 Personal care home operators; licensed and unlicensed; representations 2139 Unlawful for nonlocal business to advertise local telephone number without nonlocal address 1129 FAIR EMPLOYMENT PRACTICES ACT OF 1978 Amended 1828 FAIR HOUSING Commission on Equal Opportunity 1828 Commission on Equal Opportunity; nondiscrimination 1840 FAIR HOUSING AMENDMENTS ACT OF 1988 Policies executed; fair housing; Commission on Equal Opportunity; nondiscrimination 1840 FAIRBURN, CITY OF Franchises; districts; city council 6053 FAMILY AND MEDICAL LEAVE State and state authority employees 1855 FAMILY VIOLENCE Defined 1266
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Incident report forms; Georgia Bureau of Investigation 2939 Georgia Peace Officer Standards and Training Council; training 2939 State commission on family violence; state plan 1810 FARGO, CITY OF New charter 5183 FAYETTE, CITY OF Mayor and council; elections; terms 5374 FAYETTE COUNTY Board of commissioners; compensation; expenses 6221 Griffin Judicial Circuit; additional superior court judge 2067 FEDERAL CLEAN WATER ACT OF 1977 Marine toilets Vetoed SB 618 FEES Alcoholic beverages; caterers; off-premise licenses; requirements; prohibited acts; fees; misdemeanor; rule-making power for state revenue commissioner 1145 Animal shelters; license fees 1122 Bird dealers; license fees 993 Boats; registration and numbering; fees 470 Candidates; qualification fees; agents; notice of intention of candidacy 2510 Caterers; off-premise licenses; requirements; prohibited acts; fees; misdemeanor; rule-making power for state revenue commissioner 1145 Child support; receivers; collection of court costs and service fees 2516 Commercial drivers' licenses; fees; inmates 1284 Commercial feed dealers; license fees; limit; warehouse receipts 2553 Counties; impact fees; date for conformity with statute; connection fees for water and sewer systems 905 Counties; land registration and recording transactions; sheriffs' fees 1311 Depositories of state funds; cash management; fees; collection, processing, deposit, and withdrawal 1247 Elections; qualification fees; agents; absentee ballots; notice of intention of candidacy; pending election contests 2510 Explosives; license fees 2186 Fire protection and safety; state minimum standards; churches; smoke detectors; fees; storage of hazardous materials; explosives license; reports; unlawful acts; civil penalty 2186 Flue-cured leaf tobacco; license fees 1023 Game and fish; licenses and stamps; fees; permits; boat registration fees 470 Georgia Hazardous Site Response Act; enacted; trust fund; rules; corrective action; fees; exemptions; immunity; liability; damages; defenses; contractors; inventory; notice 2234
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Grain dealers; license fees 2132 Hazardous waste; transport; interim status; trust fund; information; rules; corrective action; fees; exemptions; immunity; liability; damages; defenses; contractors; inventory; notice 2234 Impact fees; local governments; date for conformity with statute; connection fees for water and sewer systems 905 Industrial loans; fees; Georgia Industrial Loan Commissioner 2725 Insurance agents, solicitors, brokers, counselors, and adjusters; licensing; certificates of authority; fees; examinations; qualifications; countersigning of policies 2830 Kennels; stables; animal shelters; license fees 1122 Local government development impact fees; date for conformity with statute; connection fees for water and sewer systems 905 Manufactured homes; fire and other hazards; insurance; fees; Commissioner of Insurance 2725 Motor carriers; owing fees or penalties; registration withheld 2095 Motor vehicles; drivers' licenses; fees 779 Motor vehicles; drivers' licenses; suspension; fraudulent or false applications; commercial driver's license fees; inmates 1284 Motor vehicles; identification cards; fees 779 Motor vehicles; license plates; fees 779 Motor vehicles; local tag agents; fees 779 Motor vehicles; registration withheld from motor carriers owing penalties or fees 2095 Motor vehicles; reinstatement fees 779 Motor vehicles; replacement license plates or renewal decals; fees; registration; certificates of title; identification numbers 2978 Motor vehicles; tags; decals; certificates of title; drivers' licenses; habitual violators; insurance; alcohol and drug programs; fees; commercial vehicles; rules of the road; school buses; traffic offenses; use of radars Vetoed HB 245 Motor vehicles; title transfer for vehicles from outside state; fees 779 Motor vehicles; titles; fees 779 Municipal corporations; impact fees; date for conformity with statute; connection fees for water and sewer systems 905 Municipal taxation and license fees; exemptions inapplicable in certain counties 1226 Nonpublic Postsecondary Educational Institutions Act of 1990; fees 1005 Nonpublic Postsecondary Educational Institutions Act of 1990; Tuition Guaranty Trust Fund; established; fees; procedures 1005 Pawn transactions; motor vehicles; maximum interest and fees; disclosure 3245 Penal institutions; inmates; commercial driver's license fees 1284 Pet dealers; license fees 1122 Property; local government development impact fees; date for conformity with statute; connection fees for water and sewer systems 905 Public information; Secretary of State; user fees for public information services, materials, and copies 2530 Revenue and taxation; license fees; increased 2978 Revenue and taxation; motor vehicle license fees and plates 779 Revenue and taxation; municipal taxation and license fees; exemptions inapplicable in certain counties 1226
Page CXXX
Revenue bonds; undertakings; fees 2197 Safety Fire Commissioner; reports of fires and injuries; investigations; fees; hearings 2186 Scales; fees 1278 Secretary of State; user fees for public information services, materials, and copies 2530 Sheriffs; civil cases; fees 1311 Sheriffs; clerks' recording fees 1311 Sheriffs; land registration and recording transactions; fees 1311 Sheriffs; payment of clerks' fees 1311 Solid waste management; definitions; powers; Board of Natural Resources and director of Environmental Protection Division; recycling programs; fees 3276 Stables; license fees 1122 State depositories; cash management; fees; collection, processing, deposit, and withdrawal 1247 State revenue commissioner; withholding motor vehicle registration from motor carriers owing fees or penalties 2095 Superior courts; clerks; fees in certain counties 2046 Tobacco; auction sales of flue-cured leaf tobacco; license fees 1023 Tuition Guaranty Trust Fund; established; fees; procedures 2615 Vessels; registration and numbering; fees 470 Warehouseman; license fees; limit; warehouse receipts 2553 Water systems; local government development impact fees; connection fees for water and sewer systems 905 Watercraft; registration and numbering; fees 470 Weights and measures; fees 1278 See MOTOR VEHICLES FELINES Rabies; inoculation of felines; county boards of health; procedures; certificates of inoculation 2089 FELONIES Accusations; trial upon without waiving indictment 1808 Guns, explosives, and weapons; unlawful to possess at school 1315 Multicounty public defender for indigents with capital charges 1963 Person under 17 used to manufacture or distribute controlled substances or marijuana 2041 Sexual assault against persons under psychotherapeutic care 1940 Trials; jury panel; peremptory challenges 1981 FESTIVALS Defined 1694 Food sellers; county or city permits; minimum standards; prohibitions; enforcement 1174 Sunday sale of alcoholic beverages in certain counties 1694
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FIDUCIARY POWERS Incorporation in wills and trusts by reference to Code Section 53-15-3; citation to repealed Code Section 53-15-3 deemed to be citation to Code Section 53-12-232 1053 FIRE PROTECTION AND SAFETY Code revision 6 Fees; Safety Fire Commissioner 2725 Firefighters; motor vehicle license plates Vetoed HB 613 Georgia Firemen's Pension Fund; fireman or volunteer fireman; credit 2358 Georgia Firemen's Pension Fund; member; spousal benefits; divorce or death of spouse 3010 Georgia Firemen's Pension Fund; membership; prior service credit 2525 Motor vehicles; flashing blue lights; unlawful; exception 1287 State minimum standards; churches; smoke detectors; fees; storage of hazardous materials; explosives license; reports; unlawful acts; civil penalty 2186 FIREMEN Georgia Firemen's Pension Fund; exemptions on fire insurance premiums tax 1298 Georgia Firemen's Pension Fund; full-time or volunteers; credit 2358 Georgia Firemen's Pension Fund; member; spousal benefits; divorce or death of spouse 3010 Retirement; recomputation by certain counties 2343 FIRST AMENDMENT ASSOCIATION RIGHTS Criminal street gang participation 3236 FISH AND FISHING Aquaculture 1507 Bow and arrow 1636 Defined 1636 Domestic fish 1507 Food fish 1507 Licenses 1636 Possession limits; requirements; transfers prohibited 1651 Streams and public fishing areas 1636 Trout waters without seasons; streams added or deleted 1466 FLINT JUDICIAL CIRCUIT Additional judge; chief judge 1668
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FLOYD COUNTY Board of commissioners; county manager; department heads 5457 Board of commissioners; terms; referendum 5466 Homestead exemption; county taxes; referendum 5383 Homestead exemption; school district taxes; referendum Vetoed HB 1705 Homestead exemption; school district taxes; referendum 5902 Rome-Floyd County Commission on Children and Youth; membership 5433 Southern Bell Telephone and Telegraph Company; easement across state property 1569 FLYING UNDER THE INFLUENCE Homicide by aircraft 1443 FOOD, DRUGS, AND COSMETICS Code revision 6 Dangerous drugs and controlled substances; issuance to licensed ambulance services, first responders, or neonatal services 1307 Food sellers at festivals; county or city permits; minimum standards; prohibitions; enforcement 1174 Georgia Dairy Act of 1980; dairy manufacturing plants; definition; jurisdiction; Department of Human Resources and county boards of health 1279 Review, continuation, reestablishment, or termination of certain regulatory agencies 3137 Spring water; labeling and sales 1016 FOREIGN GOVERNMENTS Employees; refunds of motor fuel and road taxes 2095 FOREIGN LIMITED LIABILITY COMPANIES Qualifications and registration to transact business; revocation of certificates of authority 1865 FORESTRY Georgia Prescribed Burning Act; enacted; purposes; requirements 2405 Logging services, workers' compensation 1322 FORSYTH, CITY OF Municipal court; judge; powers; penalties 7170 FORSYTH COUNTY Board of commissioners; districts 5029
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Board of commissioners; purchases 5325 Board of education; laws restated; membership; election; districts; officers; terms; compensation; referendum 5052 Cumming-Forsyth County Charter Commission; creation authorized; referendum 6601 Homestead exemption; school district taxes; referendum 6300 FORT OGLETHORPE, CITY OF Redesignation of town as City of Fort Oglethorpe; city council 5349 FOXES Traps; permits 2863 FRANKLIN COUNTY Homestead exemption; county and school district taxes; referendum 4770 FRANKLIN SPRINGS, CITY OF New charter 6180 FREEPORT Exemptions to ad valorem taxation 2482 FULTON COUNTY Assistant district attorneys; compensation 5556 Board of education; districts 5078 Developers; building or developing near a lake; Act repealed 5730 General Employees Pension Fund abolished; assets and liabilities transferred to Fulton County Employees Retirement System; insurance benefits 7086 Homestead exemption; county taxes; referendum 6563 Homestead exemption; county taxes; referendum 6583 Judges and Solicitor Generals Retirement Fund; benefits; insurance; fund abolished and assets and liabilities transferred to Fulton County Employees Retirement System 7091 Magistrate court; number of magistrates 5733 Metropolitan Atlanta Rapid Transit Authority; state and federal funds 7011 State court; costs and fees 6045 Tax commissioner; taxes collected for the Atlanta Board of Education 6272 FUNDS TRANSFERS Uniform Commercial Code; Article 4A enacted 2685 FUNERAL DIRECTORS Qualifications; casket and funeral merchandise defined 2762
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FUNERAL MERCHANDISE Defined 2762 G GAINESVILLE, CITY OF Annexation of state property 3122 GAMBLING State lottery; enabling legislation 3173 GAME AND FISH Aquaculture 1507 Bird dealers; license fees 993 Code revision 6 Deer tags; traps; identification 2863 Domestic fish 1507 Fishing; defined; bow and arrow; licenses; streams and public fishing areas 1636 Food fish 1507 Fox; traps; permits 2863 Hunting, fishing, and trapping licenses; bonded license agents; self-insurance fund; survey labels 915 Illegal hunting of wildlife and feral hogs on public roads; penalty; illegal hunting of bears and deer at night; illegal hunting of alligators 2391 Legal hunting weapons 2863 Licenses and stamps; fees; permits; boat registration fees 470 Open season dates and bag limits 2863 Possession limits for certain fish; requirements; transfers prohibited 1651 Raptors; regulations 2863 Seized wildlife; disposal 2863 Trout waters without seasons; streams added or deleted 1466 Volunteer services programs of the Department of Natural Resources 2328 GANGS Criminal street gang participation 3236 GARDEN CITY, CITY OF Corporate limits 7036 Recorder's court; fines 6521 GARY B. BLASINGAME, ET AL. Easement across state owned property in Clarke County 3072
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GAS Liquefied petroleum gas; standards 2134 Public Service Commission; no jurisdiction over retail sale of natural gas as motor vehicle fuel 1647 GASTON, ADMIRAL MACK, PARKWAY Designated 3060 GENERAL ASSEMBLY Code revision 6 Ethics; comprehensive regulation of public officials and lobbyists; bribery 1075 Facilities for alcoholics, drug dependent persons and users, or delinquent children; notice to governing authority and General Assembly members 2120 Georgia Laws; prices; distribution 2431 Georgia Legislative Retirement System; benefits for retired members performing not more than 1,040 hours of service per year 2748 House of Representatives; districts 133 House of Representatives; districts 492 House of Representatives; reapportion certain representative districts 827 Joint Study Committee on Local Government Services; creation 3066 Joint Study Committee on State and Local Government Environmental Enforcement Authority; creation 1560 Journals; House and Senate; prices; distribution 2431 Legislative Counsel; Georgia Laws; prices 2431 Legislative Fiscal Oversight Committee; created; powers, duties, and authority Vetoed SB 410 Local Acts repealing local amendments to the Constitution; proposed amendment to the Constitution amended 3335 Local bills annexing territory; copy provided 2592 Members and officers; air travel; reimbursement limitations 3041 Senate; districts 59 Senate; districts 693 Study Commission on Postsecondary Technical and Adult Education Finance; creation 3323 Study Committee on Professional Tax Equity; creation 2225 Tractor, farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and representatives; regulation by General Assembly; proposed amendment to the Constitution 3342 Wetlands Conservation Study Committee; continuation 3099 GENERAL PROVISIONS Code revision 6 GENEVIE DICKEY BRIDGE Designated 3116
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GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY Alcoholic beverages; sale for consumption on premises 2097 GEORGE, WALTER F., TRIBUTE COMMISSION Creation 3064 GEORGIA AIR QUALITY ACT OF 1978 Revised 2886 Revised; emission inspections 918 GEORGIA AIRPORT DEVELOPMENT AUTHORITY LAW Enacted 1615 GEORGIA ANATOMICAL GIFT ACT Human body or parts; selling; prohibited; rights of donees; procedures 2946 GEORGIA AQUACULTURE DEVELOPMENT ACT Repealed in Title 2; enacted in Title 27 1507 GEORGIA BOARD OF LANDSCAPE ARCHITECTS Termination date 3161 GEORGIA BOAT SAFETY ACT Hazardous areas; registration; late renewal penalty; boating safety zones; personal flotation devices 998 GEORGIA BUILDING AUTHORITY Recycling programs 3276 GEORGIA BUREAU OF INVESTIGATION DNA data bank for sexual offenders 2034 Family violence; incident report forms 2939 GEORGIA CEMETERY ACT OF 1983 Cemeteries; minimum size inapplicable in certain counties 2397 GEORGIA COMMISSION ON WOMEN Creation; Commission on the Status of Women; abolished 820
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GEORGIA COMPREHENSIVE SOLID WASTE ACT Board of Natural Resources; Environmental Protection Division; Solid Waste Trust Fund; scrap tires; financial responsibility 3259 GEORGIA CRIME INFORMATION CENTER Criminal history records; availability to county boards of registrars or county boards of registration and election 1009 Reports to state if victim is student and list school attended 1022 GEORGIA CRIME VICTIMS COMPENSATION BOARD Criminal Justice Coordinating Council to serve as board; director; restitution rights 2426 GEORGIA CRIME VICTIMS EMERGENCY FUND Allocation 1836 Claim of funds after seven-year holding period Vetoed HB 1721 GEORGIA DAIRY ACT OF 1980 Dairy manufacturing plants; definition 1279 GEORGIA DEFINED CONTRIBUTION PLAN Enacted 1288 GEORGIA DISTANCE LEARNING AND TELEMEDICINE ACT OF 1992 Distance learning and telemedicine network; development by Department of Administrative Services; awards from Universal Service Fund to join network 480 GEORGIA EMERGENCY MANAGEMENT AGENCY Creation as a separate agency 1258 GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY Loans for solid waste projects 2316 GEORGIA FIREMEN'S PENSION FUND Code revision 477 Exemptions on fire insurance premiums tax 1298 Fireman or volunteer fireman; credit 2358 Member; spousal benefits; divorce or death of spouse 3010 Membership; prior service credit 2525
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GEORGIA FOLK FESTIVAL Official state folk festival; designated 2363 GEORGIA HAZARDOUS SITE RESPONSE ACT Enacted; trust fund; rules; corrective action; fees; exemptions; immunity; liability; damages; defenses; contractors; inventory; notice 2234 GEORGIA HAZARDOUS WASTE MANAGEMENT ACT Amended; transport; interim status; trust fund; information 2234 GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION Advertising and promotion of scholarships, loans, and grants; powers 1001 GEORGIA HOUSE OF REPRESENTATIVES See HOUSE OF REPRESENTATIVES GEORGIA INDIGENT DEFENSE COUNCIL Multicounty public defender 1963 GEORGIA LAWS Prices; distribution 2431 GEORGIA LEGISLATIVE RETIREMENT SYSTEM Benefits for retired members performing not more than 1,040 hours of service per year 2748 Code revision 477 GEORGIA MILITARY COLLEGE Board of trustees; members; terms 2098 GEORGIA MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE ACT Revision; enactment 918 GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM Code revision 477 Employees of authorities and regional development centers 989
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GEORGIA MUNICIPAL TRAINING ACT City clerks' training classes, expenses; Board of Georgia Municipal Training Institute, membership 1899 GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT Basic course; time limit for completion 1004 Municipalities; citizens of adjoining states as officers in certain cities 1325 Training 2939 Training; reimbursement of counties and municipalities 1325 GEORGIA PORTS AUTHORITY Membership, terms of office 1014 GEORGIA POWER COMPANY Easements in Calhoun and DeKalb counties 1569 GEORGIA PRESCRIBED BURNING ACT Enacted; purposes; requirements 2405 GEORGIA REGISTER Georgia Net Authority; publication 1431 GEORGIA SAFE DAMS ACT OF 1978 Final orders filed in superior court of county 1314 GEORGIA STATE PATROL Disciplinary procedures; arrest powers for internal affairs investigators; promotions and rank 3131 GEORGIA STATE SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY LICENSING ACT Speech-language pathology aide defined; scope of practice 1494 GEORGIA STREET GANG TERRORISM AND PREVENTION ACT Enacted 3236 GEORGIA STUDENT FINANCE AUTHORITY Advertising and promotion of scholarships, loans, and grants; powers 1001
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GEORGIA STUDENT FINANCE COMMISSION Advertising and promotion of scholarships, loans, and grants 1001 GEORGIA UNIFORM CONSERVATION EASEMENT ACT Enacted 2227 GEORGIANET AUTHORITY Georgia Register ; publication 1431 Officers and employees; membership in the Employees' Retirement System of Georgia 2117 GERONTOLOGY AND GERIATRICS Service cancelable educational loans 1058 GLYNN COUNTY Board of education; compensation; audits 6646 Board of education; elections; terms; districts; powers; qualifications; officers; superintendent of schools; compensation; expenses 6354 Board of education; superintendent of schools; districts; elections; terms; compensation; audits 5578 Conveyance of state property 2220 GORDON COUNTY William A. Davis; conveyance of state owned property 3056 GOVERNOR Emergency Management Agency 1258 Governor's Development Council; composition; powers and duties; assignment to Department of Community Affairs; technical support 2039 Governor's Ground-Water Advisory Council Vetoed SB 618 Governor's Office of Consumer Affairs; legal services; false advertising; jurisdiction 1556 Vacancies in elective public offices 1006 GOVERNOR'S DEVELOPMENT COUNCIL Composition; powers and duties; assignment to Department of Community Affairs; technical support 2039 GOVERNOR'S GROUND-WATER ADVISORY COUNCIL Created Vetoed SB 618
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GOVERNOR'S OFFICE OF CONSUMER AFFAIRS Legal services; false advertising; jurisdiction 1556 GRADY MALLARD BRIDGE Designated 3059 GRAIN DEALERS License fees 2132 License fees; limit; warehouse receipts 2553 GRAND JURY Trial of certain felony cases upon accusations 1808 GRANTS Boards of education Vetoed SB 587 Education; Community Education and Development Act repealed 2829 GREENE COUNTY Board of commissioners; chairman; compensation 6327 Tax commissioner; compensation 5610 GRIFFIN, CITY OF Execution of documents; Employees' Aid Fund 7122 Griffin-Spalding County Board of Education; composition; districts; elections; terms 6812 Griffin-Spalding County Development Authority; membership 6907 GRIFFIN JUDICIAL CIRCUIT Additional superior court judge 2067 GRIFFIN-SPALDING COUNTY DEVELOPMENT AUTHORITY Membership 6907 GROUNDWATER Governor's Ground-water Advisory Council Vetoed SB 618 GUARDIAN AND WARD Code revision 6 Guardianships; medical insurance 2479 Hearings; compensation to physician and psychologist 2521
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GUNS School; unlawful to possess at 1315 GWINNETT COUNTY Board of commissioners; districts 6548 Board of education; districts 6337 H HABERSHAM COUNTY Board of education; districts 5959 HABITUAL IMPAIRED DRIVING Criminal offense; defined 2556 HALL COUNTY Board of commissioners; districts 4764 Board of commissioners; expense allowance 5327 Board of commissioners; vacancies; elections 4958 Board of education; districts 4563 Civil service system; clerk of the board of commissioners excluded 7102 Civil service system; coverage; board decisions 6559 Civil service system; management information director excluded 7076 Hall County Water and Sewerage Authority; creation 6986 State court; associate judge 5414 HALL COUNTY WATER AND SEWERAGE AUTHORITY Creation 6986 HANDICAPPED PERSONS Access to public facilities; multifamily dwellings; definitions 2461 American Sign Language; credit for college preparatory curriculum; elective credit 2519 Board of Human Resources; inclusion in membership Vetoed HB 1162 Code revision 6 Handicapped parking; temporarily handicapped person redefined 1394 Hearing aids; dispensing by audiologists 3316 Home Delivered Meals, Transportation Services to the Elderly, and Preschool Children with Special Needs Fund; creation 3241 Housing; accessible route; Commission on Equal Opportunity 1840 Parking; temporarily handicapped person redefined 1394
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HARALSON COUNTY Board of education; districts 4818 Tallapoosa Judicial Circuit; additional superior court judge 2776 HARRIS COUNTY Board of education; purchases; competitive bidding 5464 Coroner; compensation 5318 HARRY LEON SIMPSON PARKWAY Designated 3082 HART COUNTY Hart County Water and Sewer Utility Authority; creation 6828 Homestead exemption; county and school district taxes; referendum 5574 HART COUNTY WATER AND SEWER UTILITY AUTHORITY Creation 6828 HARTWELL, CITY OF New charter 5476 HAWKINSVILLE, CITY OF Easement across state property 3075 HAZARDOUS MATERIALS Storage; fire safety standards 2186 HAZARDOUS SITE RESPONSE ACT Enacted; trust fund; rules; corrective action; fees; exemptions; immunity; liability; damages; defenses; contractors; inventory; notice 2234 HAZARDOUS WASTE Transport; interim status; trust fund; information; rules; corrective action; fees; exemptions; immunity; liability; damages; defenses; contractors; inventory; notice 2234 HAZARDOUS WASTE MANAGEMENT ACT Amended; transport; interim status; trust fund; information 2234
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HEALTH Abatement of threats to public health 3259 Authority of board of health in certain counties to develop activities and rules for injury prevention 1204 Biomedical waste thermal treatment technology facilities; landfill permits 3276 Birth certificates; adoption or legitimation 2410 Certain state employees; medical and dental services; exemption from personal liability for services 2100 Certificate of need; charity care and utilization levels for new perinatal services; revocation; terminating as provider of medical assistance; exceptions 1068 Children and youth; Department of Human Resources; treatment, care, and support; reimbursement 2137 Children, preschool; assistance; immunization 3044 Clinical social worker; emergency transport decision; involuntary evaluation 2531 Code revision 6 Contact lenses; restrictions on sale 1475 County board of health; additional member in certain counties 1217 Dangerous drugs and controlled substances; issuance to licensed ambulance services, first responders, or neonatal services 1307 Dead bodies; unlawful cremation or incineration 992 Definitions; health facilities; participating providers 1323 DNA data bank for sexual offenders 2034 Durable medical equipment and prosthetic devices; sales and use taxes; exemptions 1276 Facilities for alcoholics, drug dependent persons and users, or delinquent children; notice to governing authority and General Assembly members 2120 Health care services providers; advertisements; deceptive and misleading practices 2488 Hearing aids; dispensing by audiologists 3316 Hospice patient; pronouncement of death by registered professional nurses 1392 Human body or parts; selling; prohibited; rights of donees; procedures 2946 Human remains, procedures when discovered; exhibition prohibited 1790 Indigent Care Trust Fund; dedicated revenues; use of funds for health care and Medicaid; proposed amendment to the Constitution 3333 Inmates; drug tests 3234 Insurance coverage; persons 60 years and over; continuation rights 1969 Jails; inmates' medical care; payment 2125 Living wills; life-sustaining procedures; form; execution 1926 Mammograms; accident and sickness insurance coverage 1975 Marking of vehicles of nurses transporting body fluids 982 Medicare supplement insurance; application; standards 1395 Mental health hearings; evaluation report; deadline 2531 Motor vehicles; driver's license; vision standards 3311 Nonparticipating or nonpreferred providers; payment for services 1184 Nursing facility; voluntary termination as provider of medical assistance; notices; requirements; cost reports; per diem rates; decertification; limited provider agreements 1048
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Pap smears; accident and sickness insurance coverage 1975 Personal care home operators; licensed and unlicensed; representations 2139 Personal care homes; regulation by the Department of Human Resources 1392 Physical therapists; comprehensive revision of chapter regulating such profession; State Board of Physical Therapy; membership 2434 Preferred provider arrangements; coinsurance percentages; limitations 1143 Prostate specific antigen tests; accident and sickness insurance coverage 1975 Rabies; inoculation of felines; county boards of health; procedures; certificates of inoculation 2089 Sewage management systems; state-wide minimum standards; Department of Human Resources 3308 State Board of Nursing Home Administrators; members; appointments 2770 State employees; compensation for line-of-duty injury caused by an outpatient mental health client 2966 The Patient Cost of Care Act; definitions; charge for care or treatment; cost of care liability; assessments; public funds; expenditures 1445 Unfair claims settlement practices; unlawful acts; hearings and procedures 3048 Vital records; birth certificates to include parents' social security numbers 1270 Vital records; death certificates; disposition permits; permits for disinterment and retirement 2758 HEALTH INSURANCE See INSURANCE HEARD COUNTY Board of education; districts 4864 Homestead exemption; county and school district taxes; referendum 6107 HEARING AIDS Dispensing by audiologists 3316 HEAVY METALS IN PACKAGING Toxic; waste management; regulation; Board of Natural Resources 2968 HENRY COUNTY Board of commissioners; districts; terms 4671 Board of education; districts 4656 Superior court; additional judge 1668 HIGH-VOLTAGE SAFETY ACT High-voltage electrical lines; regulation of workers; safeguards 2141 HIGHWAYS, BRIDGES, AND FERRIES Admiral Mack Gaston Parkway; designated 3060
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Albert D. Clifton Memorial Highway; designated 3070 Automobile carriers, maximum length; permits for loads exceeding maximum width; return of tractors and trailers exceeding maximum ength; miscellaneous permits 2467 Ben Jess Logan, Sr., Memorial Bridge; designated 2209 Bus shelters; regulation 1504 Clarence R. Vaughn, Jr., Highway; designated 3069 Coleman's Bridge; designated 3087 Colonel Tom Parrott Parkway; designated 3062 Edward C. Moses Highway; designated 1882 Genevie Dickey Bridge; designated 3116 Grady Mallard Bridge; designated 3059 Harry Leon Simpson Parkway; designated 3082 Historic U.S. 19 and Ga. 60 Business Route; designated 2205 J. E. Ted McTyre Parkway; designated 3113 James L. Clarkson Memorial Highway; designated 1608 Load limitations; fines 1236 Martin Dooley Parkway; designated 3081 Mobile homes, modular homes, and sectional houses 14 to 16 feet wide; permits 987 Motor vehicles; inadequately secured loads prohibited; points and penalty 1967 Reinhardt College Parkway; designated 3098 Riley C. Thurmond Bridge; designated 3088 Robert B. Nett Medal of Honor Highway; designated 2203 Samuel Frank Morast, Jr., Highway; designated 3115 Scooterville Highway; designated 3084 South Georgia Parkway; designated; Corridor Z 1607 Traffic violations; driver improvement program in lieu of points; reduced fine 2755 Transportation Trust Fund; creation; proposed amendment to the Constitution 3339 Veterans Memorial Parkway; designated 3071 HISTORIC PROPERTY Ad valorem taxes; preferential assessment 1502 Burial grounds; preservation and protection; reimbursement 2508 HISTORIC U.S. 19 AND GA. 60 BUSINESS ROUTE Designated 2205 HOGANSVILLE, CITY OF Ad valorem school taxes; maximum millage rate; referendum 6218 HOLIDAYS AND OBSERVANCES Seabees Month in Georgia; designated 3090
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HOME DELIVERED MEALS, TRANSPORTATION SERVICES TO THE ELDERLY, AND PRESCHOOL CHILDREN WITH SPECIAL NEEDS FUND Creation; contributions; income tax refund deductions 3241 HOMICIDE Death caused by passing a stopped school bus 2093 Death caused by person operating aircraft while under the influence of alcohol or drugs 1443 HONEYBEES Compensation for destroyed colonies 1121 HORSES Humane care required 3214 Humane Care for Equines Act; enacted; rules, regulations, and procedures 2398 HOSPITAL AUTHORITY OF MCDUFFIE COUNTY Vacancies; terms 6604 HOSPITAL FINANCING AUTHORITY Definitions; health facilities; participating providers 1323 HOUSEBOATS Removal; procedures; hearings 2317 HOUSEHOLD GOODS CARRIERS FOR HIRE Jurisdiction by Public Service Commission; certificates; fines and penalties 1640 HOUSE OF REPRESENTATIVES OF GEORGIA Clerk of the House; journals 2431 Districts 133 Districts 492 Districts 827 Journals; prices; distribution 2431 Legislative Fiscal Oversight Committee; created; powers, duties, and authority Vetoed SB 410 Members and officers; air travel; reimbursement limitations 3041 See UNITED STATES CONGRESS HOUSING See BUILDINGS AND HOUSING
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HOUSING AUTHORITIES Commissioners; additional resident commissioner for certain municipalities 2059 Resident commissioners' vote; number increased in certain counties 2408 HOWELL, J. C. Exchange of state property in Berrien County 2213 HUMAN REMAINS Defined; disturbance; exhibition; repatriation; Council on American Indian Concerns 1790 See DEAD BODIES HUMAN RESOURCES See DEPARTMENT OF HUMAN RESOURCES HUMANE CARE FOR EQUINES ACT Enacted 2398 Prohibitions; warrants; impoundment; euthanasia; sale; injunctions; rules 3214 HUNTING See GAME AND FISH I IMPACT FEES Local governments; date for conformity with statute; connection fees for water and sewer systems 905 IMPAIRED PHYSICIAN PROGRAMS Conduct 2062 IMPOUNDMENT Horses, mules, and asses 3214 INCOME TAXES Capital gains 2977 Gain on sale of home; withholding; pensions; dividends; fringe benefits 1296 Refunds; deductions for the Home Delivered Meals, Transportation Services to the Elderly, and Preschool Children with Special Needs Fund 3241 Tax credits; certain businesses in certain counties 2031 Taxable nonresident and wages redefined Vetoed HB 1377
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INDIANS Human remains; archeological sites; burial objects; repatriation; Council on American Indian Concerns 1790 INDICTMENT Trial of certain felony cases upon accusations 1808 INDIGENT CARE TRUST FUND Dedicated revenues; use of funds for health care and Medicaid; proposed amendment to the Constitution 3333 INDIGENTS Indigent Care Trust Fund 3333 Legal defense; appointment of counsel for criminal charges in certain counties 2054 Legal defense; multicounty public defender for capital felony charges 1963 INDUSTRIAL LOANS Fees; Georgia Industrial Loan Commissioner 2725 INJURY PREVENTION Authority of board of health in certain counties to develop activities and rules for injury prevention 1204 INMATES Accounts; use to defray certain costs incurred by municipality or county; exceptions 2942 Drug tests 3234 Mandatory educational programs 3219 Medical care; payment by insurance carrier, Department of Medical Assistance, local government unit; restitution as a condition of probation 2125 INSURANCE Accident and sickness insurance; child support orders; payroll deductions 1264 Accident and sickness insurance; mammograms, Pap smears, and prostate specific antigen tests; coverage 1975 Agents, solicitors, brokers, counselors, and adjusters; licensing; certificates of authority; fees; examinations; qualifications; countersigning of policies 2830 Approval of assumption reinsurance agreements; procedures 1385 Cancellation of motor vehicle coverage; procedures Vetoed HB 245 Capital and surplus requirements for insurers; extensions 1539
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Certain state employees; medical and dental services; exemption from personal liability for services 2100 Code revision 6 Code revision 2564 Commissioner; accident and sickness insurance policies; provide claim forms 1184 Defensive driving courses; employer provided; insurance premium reductions 2464 Extensive revision of state workers' compensation law 1942 Fees; Commissioner of Insurance 2725 Fire insurance premiums tax; exemptions 1298 Flexible employee benefit plans for state employees and others; group property and casualty insurance 2111 Group accident and sickness insurance; coverage; persons 60 years and over; continuation rights 1969 Health benefit plan; physical exams; exceptions 1143 Health care services providers; advertisements; deceptive and misleading practices 2488 Health insurance; rate modifications; loss guarantee ratio 1648 Individual accident and sickness; rate modifications; loss guarantee ratio 1648 Insurers; examinations; certificate of authority; administrative supervision; valuation; investments 2877 Insurers' investments; vehicle service agreements; underwriting 2389 Life; interest on proceeds; claims 1293 Manufactured homes; fire and other hazards; insurance fees; Commissioner 2725 Medical; guardianships 2479 Medicare supplements; regulation; application; standards 1395 Motor vehicle liability insurance; policy limits; acceptance; barring of claims 2514 Nonparticipating or nonpreferred providers; payment for services 1184 Payment for inmates' medical care 2125 Preferred provider arrangements; coinsurance percentages; limitations 1143 Unclaimed funds held under policies; time period for presumption of abandonment 1237 Unfair claims settlement practices; unlawful acts; hearings and procedures 3048 Unfair practices; direct response advertising; failure to disclose limitations of medical benefits; failure to provide carry-over for deductible 996 Workers' compensation; rates; adverse experience modification factors; businesses with common ownership 1286 Workers' compensation; rejected policies; vendors of logging services 1322 INTANGIBLE RECORDING TAX Four percent commission for collection in certain counties 1686 INTANGIBLE TAXES Exemptions; stock in financial institutions reorganized under the southern region interstate banking law 1183
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INTEREST Ad valorem taxes in certain counties 1218 Ad valorem taxes in certain counties 1211 Life insurance proceeds 1293 Pawn transactions; motor vehicles; disclosure 3245 Tax appeals 1346 INTEREST-BEARING ACCOUNTS Sheriffs of certain counties; authority to deposit cash bonds and bondspersons' reserves in interest-bearing accounts 1689 INTERIOR DESIGNERS Certification 3318 INTERNAL REVENUE CODE Defined 1441 INVESTMENT SECURITIES Revision of Article 8 of Title 11, the Uniform Commercial Code 2626 INVESTMENTS Executors and trustees; service providers not precluded; incorporation by reference 1438 IRRIGATION CONTRACTORS Licensing; qualifications; requirements Vetoed HB 559 J JACKSON COUNTY Board of commissioners; annual financial report 5864 Homestead exemption; county and school district taxes; referendum 5452 JAILS Confinement of persons charged with violations of county ordinances 1230 County jail funds; manner to be paid over 2065 County jail funds; municipal court payments 994 See INMATES JAMES L. CLARKSON MEMORIAL HIGHWAY Designated 1608
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JASPER COUNTY Board of commissioners; districts Vetoed HB 2021 Homestead exemption; county taxes; referendum 6508 J. C. HOWELL Exchange of state property in Berrien County 2213 J. C. JAKE WOODS AVENUE Designated 3083 J. E. TED MCTYRE PARKWAY Designated 3113 JEFFERSON, CITY OF Homestead exemption; city and city school district taxes; referendum 5888 JIMMY AUTRY CORRECTIONAL INSTITUTION Designated 3109 JOHN WESLEY ULMER, JR. Compensation 3110 JOHNSON COUNTY Board of education; compensation 5425 JOINT CITY-COUNTY BOARD OF TAX ASSESSORS Appeals and reviews 1676 JOINT CUSTODY Child custody agreements; written findings 2135 JOINT STUDY COMMITTEE ON LOCAL GOVERNMENT SERVICES Creation 3066 JOINT STUDY COMMITTEE ON STATE AND LOCAL GOVERNMENT ENVIRONMENTAL ENFORCEMENT AUTHORITY Creation 1560
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JOINT-SECRETARY, STATE EXAMINING BOARDS Review, continuation, reestablishment, or termination of certain regulatory agencies 3137 JONES COUNTY Board of commissioners; compensation; expenses 5395 Board of commissioners; elections; terms 5262 Board of commissioners; membership; districts; elections 4701 Board of education; districts; terms; elections 4707 Homestead exemption; county taxes; referendum 5389 JUDGES Juvenile and probate; minimum salary in certain counties 2049 Marriages; tips for performing 1488 JUDGES OF PROBATE COURTS Marriages; tips for performing 1488 Salaries; minimum; longevity; cost-of-living 1478 JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA Board employees; fund membership and benefits 1037 Certain persons; annual cost-of-living benefits 2147 JUDGMENTS Election contests 2510 JUDICIAL COUNCIL OF GEORGIA Employees; creditable service; Employees' Retirement System of Georgia 1151 JUDICIAL SALES Personalty; at place other than courthouse in certain counties 1229 JUNK DEALERS Regulation, procedures, and practices 2452 JURIES Felony trials; jury panel; peremptory challenges 1981 Jury clerk and other personnel in certain counties 1692
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JUSTICE OF THE PEACE EMERITUS Office created in certain counties 2351 JUVENILE COURTS Delinquent or unruly children; disposition orders; periodic reviews 2184 Employees' Retirement System of Georgia; creditable service; employees of Council of Juvenile Court Judges 1151 Judges; marriage ceremonies; tips for performing 1488 Judges; practice of law; judicial circuits of 160,000 or more 908 Juvenile proceedings; counseling; procedures and expenses 2474 Minimum salary in certain counties 2049 Senior judges 1112 Victim impact statements 2419 JUVENILES Department of Children and Youth Services; creation; transfer of duties and employees 1983 Facilities for alcoholics, drug dependent persons and users, or delinquent children; notice to governing authority and General Assembly members 2120 K KENNEDY, K. T., REEF Designated 3124 KENNELS License fees 1122 KENNESAW, CITY OF Corporate limits 5775 Municipal court; probation; schools; fees 5916 KINGSLAND, CITY OF Homestead exemption; referendum 5686 KITE, CITY OF New charter 6714
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L LABOR AND INDUSTRIAL RELATIONS Code revision 6 Commissioner; powers; educational assistance for personnel; discharge of debts 1029 Employment security; aliens; employer transferring business; panels of hearing officers; extended benefits 776 Health benefits pilot projects; local governments; workers' compensation group self-insurance fund 2424 High-voltage electrical lines; regulation of workers; safeguards 2141 Labor pools; regulation; unlawful practices; penalties; damages 1936 Out-of-state principals; sales representatives; commission 1320 Unpaid wages; unclaimed property 1237 Workers' compensation; extensive revision of state law 1942 Workers' compensation; health benefits pilot projects; approval 2424 Workers' compensation; rates; adverse experience modification factors; businesses with common ownership 1286 Workers' compensation; rejected policies; vendors of logging services 1322 LABOR POOLS Regulation; unlawful practices; penalties; damages 1936 LAFAYETTE, CITY OF Corporate limits 4936 LAKE PARK, CITY OF Elections 4536 LAKES See WATERS OF THE STATE, PORTS, AND WATERCRAFT LAMAR COUNTY Ad valorem tax millage limit repealed 7043 Board of commissioners; districts 5088 Board of education; districts 5094 Superior court; additional judge 1668 LAND BANKS Extinguishing school taxes 1355 LAND SURVEYORS Definition; eligibility; certificate of registration; seals 3297
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LANDMARK HISTORIC PROPERTY Ad valorem taxes; preferential assessment 1502 LANDSCAPE ARCHITECTS Georgia Board of Landscape Architects; termination date 3161 LAW ENFORCEMENT OFFICERS AND AGENCIES Adoption petitions; Department of Human Resources; investigations; criminal records checks 2505 Code revision 6 County jail funds; manner to be paid over 2065 County police force; creation; referendum 324 County Probation Advisory County; created 3221 Department of Children and Youth Services; creation; transfer of duties and employees 1983 Department of Public Safety; use of equipment by uniformed personnel 1310 Family violence; incident report forms; Georgia Bureau of Investigation 2939 Filing of complaint; procedures, time limits, and requirements 1328 Funds for aid, pension, and dependents in certain counties 2347 Georgia Bureau of Investigation; DNA data bank for sexual offenders 2034 Georgia Crime Information Center; criminal history records; availability to county boards of registrars or county boards of registration and election 1009 Georgia Peace Officer Standards and Training Act; basic course; time limit for completion 1004 Georgia Peace Officer Standards and Training Council; training 2939 Motor vehicles; flashing blue lights; unlawful; exception 1287 Municipalities; citizens of adjoining states as officers in certain cities 1325 Peace Officers' Annuity and Benefit Fund; eligibility for membership 1491 Probation or suspension of sentences; victims; notification 3221 Public safety radio; joint use inapplicable in certain counties 1444 Retirement; recomputation by certain counties 2343 Sheriffs; duties regarding persons charged with county ordinance violations in certain counties 1230 Sheriffs; qualifications; training 2112 Sheriffs' Retirement Fund of Georgia; sheriffs; vacancy; creditable service 2523 Simple battery against a police officer, law enforcement dog; misdemeanor 2066 State Patrol; disciplinary procedures; arrest powers for internal affairs investigators; promotions and rank 3131 State Tort Claims Trust Fund; created 1883 The Georgia Tort Claims Act; sovereign immunity; tort claims and actions 1883 Traffic violations; habitual violators; use of radar; rules of the road Vetoed HB 245 Training; reimbursement of counties and municipalities 1325 Uniform crime reports to state if victim is student and list school attended 1022
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LAWRENCEVILLE, CITY OF Corporate limits 6590 LEASES Livestock dealers; sale or purchase of leased livestock; liability; marks and brands 1642 Property; ad valorem taxation; exemptions; homestead includes leased property in certain counties 2058 LEE COUNTY Board of commissioners; districts 6063 Lee County Utilities Authority; creation 6419 LEE COUNTY UTILITIES AUTHORITY Creation 6419 LEGAL DEFENSE Indigent defense; appointment of counsel for criminal charges in certain counties 2054 Indigent defense; multicounty public defender for capital felony charges 1963 Legal service agencies; certain counties; fees in state and magistrate courts 1056 LEGAL ORGANS Standards for designation 1035 LEGAL SERVICES False advertising; jurisdiction; Governor's Office of Consumer Affairs 1556 LEGISLATIVE FISCAL OVERSIGHT COMMITTEE Created; powers, duties, and authority Vetoed SB 410 LEGITIMATION Birth certificates; adoption or legitimation 2410 LENGTH LIMITATIONS Automobile carriers; returning tractors and trailers; miscellaneous permits 2467 LIBERTY COUNTY Board of commissioners; districts 4523 Board of education; districts; compensation 4529
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LIBRARIES Sanctions for willful or negligent loss or damage of books Vetoed HB 727 LICENSE, OCCUPATION, AND PROFESSIONAL TAXES Professions and businesses; proof of licensure to receive business license 1553 LICENSE PLATES See MOTOR VEHICLES AND TRAFFIC LICENSES FOR ALCOHOLIC BEVERAGES Caterers; off-premise licenses; requirements; prohibited acts; fees; misdemeanor; rule-making power for state revenue commissioner 1145 LICENSING Commercial feeds; regulation 3018 LIENS Tax liens; judgments; priority with respect to a security interest 1028 LIFE INSURANCE See INSURANCE LIFE-SUSTAINING PROCEDURES Living wills; form; execution 1926 LILBURN, CITY OF Franchise terms 6435 LIMITATION OF ACTIONS Childhood sexual abuse; definition; period of limitation 2473 Limitations on prosecution tolled for certain crimes if victim under 16 2973 LIQUEFIED PETROLEUM GAS Standards governed by Title 10 2134 LIVESTOCK Dealers; sale or purchase of leased livestock; liability; marks and brands 1642
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LIVING WILLS Life-sustaining procedures; form; execution 1926 LOAN BROKERS Prohibited acts; civil actions; penalties 1123 LOBBYISTS Ethics; comprehensive regulation of public officials and lobbyists; bribery 1075 LOCAL BOARDS OF EDUCATION Capital outlay funds; opposition to school consolidations 3211 Capital outlay funds; school consolidation and reorganization; hearings and procedures; project funding 3164 Care for students before and after school and during vacations 1831 Grants; Community Education and Development Act repealed 2829 Local school superintendents; expenses and per diem provisions; certification; applicability 1010 Pay-for-performance programs; established; implementation 3164 Policies; sex education and AIDS prevention Vetoed HB 1837 Textbooks and library books; sanctions for willful or negligent loss or damage Vetoed HB 727 See EDUCATION LOCAL CONSTITUTIONAL AMENDMENTS Local Acts repealing local amendments to the Constitution; proposed amendment to the Constitution amended 3335 LOCAL GOVERNMENT Ad valorem taxation; freeport exemption, joint county and municipal sales and use tax, and special county 1 percent sales and use tax; time period for referendum changed Vetoed HB 198 Ad valorem taxation; joint city-county board of tax assessors in certain counties; appeals and reviews 1676 Additional boards of equalization in certain counties; contracts by certain municipal corporations for county assessment 2352 Airports; extraterritorial condemnation of property for airports or landing fields 1434 Burial grounds; preservation and protection; reimbursement 2508 Cemeteries; developing land where located; notice 1790 City clerks' training classes, expenses; Board of Georgia Municipal Training Institute, membership 1899 Code revision 6 Constitutional officers; salaries; minimum; longevity; cost-of-living 1478 Controlled substances; in, on, or within 1,000 feet of a county or city park, playground, or recreation center; unlawful 2043
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Counties; county police force; creation; referendum 324 Counties; sale of real property; highest bidder; sealed bids; auctions 1352 Counties; sales; water and sewer systems materials; publish standards 3212 County funds; provision on deposit and audit in certain counties repealed 1219 County jail funds; manner to be paid over 2065 County police; funds for aid, pension, and dependents in certain counties 2347 County real estate deed records; computerized index 1545 County treasurer in certain counties 1225 Development authorities; joint boards of directors for authorities created by Constitution and by local resolution 1207 Development authorities; number of directors 1614 Development authorities of certain counties and cities; board of directors for constitutional authority to become board for authority created under Title 36, Chapter 62 1157 Downtown development authorities; designation as redevelopment agency and urban redevelopment agency; definitions; powers 2533 Education; grants; Community Education and Development Act repealed 2829 Facilities for alcoholics, drug dependent persons and users, or delinquent children; notice to governing authority and General Assembly members 2120 Fire safety standards; enforcement; investigation 2186 Food sellers at festivals; county or city permits; minimum standards; prohibitions; enforcement 1174 Funds held for third party; county or court officer can deposit in county treasury 2350 Housing authority commissioners in certain counties 2408 Impact fees; date for conformity with statute; connection fees for water and sewer systems 905 Jails; inmates' medical care; payment 2125 Joint Study Committee on Local Government Services 3066 Joint Study Committee on State and Local Government Environmental Enforcement Authority; creation 1560 Law enforcement officers; citizens of adjoining states 1325 Law enforcement officers; training; reimbursement of costs 1325 Liquefied petroleum gas; local standards prohibited 2134 Municipal annexation; revise and establish procedures relating to annexation 2592 Municipal corporations; compensation of officials; cities of 5,150 to 5,300 1699 Municipal court probation systems authorized 1465 Municipal courts; motor vehicle emission inspections 918 Municipal courts in counties without state courts; criminal trespass; jurisdiction 1281 Officers, agents, and employees; authority to serve process 2122 Planning and zoning; county to exercise powers within inactive municipality 2056 Property acquired for lake purposes; disposal 1348 Public works; retainage; interest; pay-off 2091 Rabies; inoculation of felines; county boards of health; procedures; certificates of inoculation 2089 Regional development centers; conflicts of interest; bidding; election of board members 1271
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Regional development centers; nonprofit corporations; expenditures; auditing 2108 Revenue bond election ads; certain counties 2052 Revenue bonds; binding statements regarding use of funds in certain counties 1232 Revenue bonds; undertakings; fees 2197 State general obligation debt or guaranteed revenue debt; loans to local government entities or authorities for solid waste recycling or facilities or systems; proposed amendment to the Constitution 3329 Telephone; emergency 911 systems; advisory board 1645 Transporting materials across boundaries for dumping; citation 918 Vacancies; appointments to fill 1006 Veterans' preference; Desert Shield and Desert Storm eligibility 2087 Workers' compensation; group self-insurance fund 2424 Zoning procedures for certain counties; county authorized to create separate planning commissions for major communities 3017 Zoning review procedures applicable to certain counties and cities 2202 LOCAL SCHOOL BOARDS See LOCAL BOARDS OF EDUCATION LOCAL SCHOOL SUPERINTENDENTS Expenses and per diem provisions; certification; applicability 1010 LOCAL SCHOOL SYSTEMS Teachers Retirement System of Georgia; contributions for certain employees 2528 LOGAN, BEN JESS, SR., MEMORIAL BRIDGE Designated 2209 LOGGING SERVICES Vendors; rejected workers' compensation policies 1322 LOOKOUT MOUNTAIN JUDICIAL CIRCUIT District attorney; personnel; compensation; budget 6649 LOSS RATIO GUARANTEES See INSURANCE LOTTERY Enabling legislation 3173
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Materials and equipment manufactured for use outside the state not prohibited 1489 LOWNDES COUNTY B. J. Wetherington; claim to property 2213 Board of education; membership; elections; districts; vacancies; referendum 5827 LUMPKIN COUNTY Enotah Judicial Circuit; created 1786 Lumpkin County Water and Sewerage Authority; membership; terms; quorum 6465 LUMPKIN COUNTY WATER AND SEWERAGE AUTHORITY Membership; terms; quorum 6465 M MACON, CITY OF Deposition of state owned property in city 823 Macon Housing Authority; conveyance of state owned property 2223 Macon Pensions and Retirement System; normal and early pension benefits 7189 Macon Pensions and Retirement System; preretirement death benefit 7183 Macon Water Authority; charter; Macon-Bibb County Water and Sewerage Authority renamed 4991 MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY Renamed Macon Water Authority; charter 4991 MACON HOUSING AUTHORITY Conveyance of state owned property 2223 MACON WATER AUTHORITY Charter; Macon-Bibb County Water and Sewerage Authority renamed 4991 MADISON COUNTY Board of commissioners; districts; chairman's vote 4873 Board of education; districts 4880 Homestead exemption; county and school district taxes; referendum 4726
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MAGISTRATE COURTS Fees in certain counties; volunteer legal service agencies 1056 Judges; marriage ceremonies; tips for conducting 1488 MALLARD, GRADY, BRIDGE Designated 3059 MAMMOGRAMS Accident and sickness insurance coverage 1975 MANDATORY MINIMUM SENTENCE Trafficking in methamphetamine 2106 MANUFACTURED HOMES Dealers and installers; licensure; regulations; exemptions 2750 Industrial loans; fire and other hazards; insurance fees; Commissioner of Insurance 2725 MARIJUANA Person under 17 used to manufacture or distribute 2041 MARINE TOILETS Restrictions Vetoed SB 618 MARRIAGE Judges; marriage ceremonies; tips for conducting 1488 MARSHLANDS Coastal Marshlands Protection Committee; Department of Natural Resources' powers; permits; leases; orders; exceptions; liability for violation 2294 MARTIN DOOLEY PARKWAY Designated 3081 MCDUFFIE COUNTY Hospital Authority of McDuffie County; vacancies; terms 6604 Motor vehicle registration periods 5312
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MCINTOSH COUNTY Board of elections; creation 5593 McIntosh County Industrial Development Authority; retention; referendum 6500 Superior court; terms 1205 MCINTOSH COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Retention; referendum 6500 MCTYRE, J. E. TED, PARKWAY Designated 3113 MEDICAID Charity care and utilization levels for new perinatal services; revocation of certificate of need; terminating as provider of medical assistance; exceptions 1068 Indigent Care Trust Fund; dedicated revenues; use of funds for health care and Medicaid; proposed amendment to the Constitution 3333 Nursing facility; voluntary termination as provider of medical assistance; notices; requirements; cost reports; per diem rates; decertification; limited provider agreements 1048 MEDICAL ASSISTANCE See MEDICAID MEDICAL DEVICES Contact lenses; restrictions on sale 1475 MEDICARE Supplemental insurance; application; standards 1395 MEDICINE Distance learning and telemedicine network; development by Department of Administrative Services; awards from Universal Service Fund to join network 480 Inmates; payment for medical care 2125 Podiatry, practice of 2136 Practice; provisional licenses 2062 MEETINGS Special meetings; telecommunications conference; personnel; attorney's fees 1061
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MENTAL HEALTH Clinical social worker; emergency transport decision; involuntary evaluation 2531 Code revision 6 Facilities for alcoholics, drug dependent persons and users, or delinquent children; notice to governing authority and General Assembly members 2120 Hearings; evaluation report deadline 2531 Hearings; expenses 2521 Personal care home operators; licensed and unlicensed; representations 2139 Plea of not guilty by reason of insanity; examination of defendant; outpatient treatment 1328 Psychologists; powers and functions; discharge; emergency treatment; committees 1902 Sexual assault against persons under psychotherapeutic care 1940 State Board of Nursing Home Administrators; members; appointments 2770 State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery; created; composition; members; duties 1357 State employees; compensation for line-of-duty injury caused by an outpatient mental health client 2966 The Patient Cost of Care Act; definitions; charge for care or treatment; cost of care liability; assessments; public funds; expenditures 1445 MENTAL RETARDATION State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery; created; composition; members; duties 1357 MERIT SYSTEM OF PERSONNEL ADMINISTRATION Family and medical leave 1855 Veterans' preference; Desert Shield and Desert Storm eligibility 2087 METAL DEALERS Regulation, procedures, and practices 2452 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY Operating costs 5690 State and federal funds 7011 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Code revision 6 Department of Defense; emergency management division made a separate state agency 1258 Georgia Emergency Management Agency; creation as a separate agency 1258 License plates; disabled veterans; joint ownership of vehicle with spouse 1498
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Members of reserve units or National Guard in adjoining states; motor vehicle license plates Vetoed HB 1445 Veterans' drivers' licenses; requirements 1496 Veterans' employment preference; Desert Shield and Desert Storm eligibility 2087 MINING ON SURFACE Mining use plan defined and substituted for mined use plan; reclamation; powers and duties of Environmental Protection Division; permits; civil penalties; incidental dams 1098 MINORS See CHILDREN AND YOUTH MITCHELL COUNTY Board of commissioners; districts 4928 Board of education; districts; elections; vacancies; chairman 5154 MOBILE HOMES Ad valorem taxation; location permits; decals 2411 Ad valorem taxation; mobile homes; time for return for taxation in certain counties 1684 Dealers and installers; licensure; regulations; exemptions 2750 Location permits; annual deadline in certain counties 1683 Width; permits for 14 to 16 feet wide mobile homes on highways 987 MONROE, CITY OF City administrator; retirement board 5020 Mayor and council; districts; elections; terms 5023 MONROE COUNTY Board of commissioners; districts 6474 Central Georgia Electric Membership Corporation; easement across state property 1569 Probate court; jurisdiction 5568 Superior court; additional judge 1668 MONTICELLO, CITY OF City manager; city treasurer 5773 MORAST, SAMUEL FRANK, JR., HIGHWAY Designated 3115
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MORGAN COUNTY Board of commissioners; districts 5868 Board of education; districts 6048 MOSES, EDWARD C., HIGHWAY Designated 1882 MOTOR CARRIERS Owing fees or penalties; registration withheld 2095 MOTOR FUEL TAXES Refunds to employees of foreign governments 2095 MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles; unlawful to leave without easy access inside 2552 Ad valorem taxes; classification; heavy-duty equipment motor vehicles and other motor vehicles; proposed amendment to the Constitution 3336 Additional penalty assessments; compensation for victims of crime 1836 Automobile carriers, maximum length; permits for loads exceeding maximum width; return of tractors and trailers exceeding maximum length; miscellaneous permits 2467 Bicycles; bicycle paths; use; minimum standards 1546 Bus shelters; regulation 1504 Buses for hire; presumption of negligence in civil actions repealed 1179 Code revision 6 Code revision 2785 Code revision; provisions Vetoed HB 245 Defensive driving courses; employer provided; insurance premium reductions 2464 Department of Public Safety; use of equipment by uniformed personnel 1310 Driver's license restored for completion of defensive driving or alcohol or drug program 2105 Drivers' licenses; fees 779 Drivers' licenses; refusal to submit to a chemical test; D.U.I.; suspension; traffic accident resulting in serious injuries or fatalities defined 912 Drivers' licenses; reinstatement; acceptance of clinics and programs approved by other states 913 Drivers' licenses; suspension; fraudulent or false applications; commercial driver's license fees; inmates 1284 Drivers' licenses; suspension and reinstatement 2785 Drivers' licenses; suspension for person under 21 convicted of possession of alcoholic beverage while driving 2746 Drivers' licenses; veterans' 1496 Drivers' licenses; violations; driver improvement program in lieu of points; reduced fine 2755 Drivers' licenses; vision standards 3311
Page CLXVIII
Driving while a license is suspended or revoked; municipal courts; punishment 1128 Emission inspections 918 Fees 779 Flashing blue lights; unlawful; exception 1287 Georgia Crime Victims Emergency Fund; allocation 1836 Habitual impaired driving; criminal offense; probationary licenses; endangering a child by driving under the influence of alcohol or drugs 2556 Habitual violators 2785 Handicapped parking; temporarily handicapped person redefined 1394 Homicide by vehicle; violation of requirement to stop when meeting or overtaking a school bus 2093 Identification cards; fees 779 Implied consent; commercial motor vehicles; driving under the influence of alcohol 2564 Inadequately secured loads prohibited; points and penalty 1967 Liability insurance; policy limits; acceptance; barring of claims 2514 License plates; disabled veterans; joint ownership of vehicle with spouse 1498 License plates; fees 2978 License plates; fees 779 License plates; firefighters Vetoed HB 613 License plates; members of reserve units or the National Guard in adjoining states Vetoed HB 1445 License plates; members of reserve units or the National Guard in adjoining states 3311 Local tag agents; fees 779 Marking of vehicles of nurses transporting body fluids 982 Motor fuel taxes; refunds to employees of foreign governments 2095 National Guard reservists; prestige license plates 2785 Natural gas as fuel; no Public Service Commission jurisdiction over retail sale 1647 Operation illegal over certain dunes and beaches 1362 Pawn transactions 3245 Points reduced for completion of defensive driving or alcohol or drug program 2105 Registration withheld from motor carriers owing penalties or fees 2095 Reinstatement fees 779 Repeal of requirement that clerk of probate court in certain counties attend court for traffic cases 909 Replacement license plates or renewal decals; fees; registration; certificates of title; identification numbers 2978 Revalidation decals; certificates of title 2785 School buses; strobe lights; exception 2963 Special reservist license plates 3311 Superior court clerk's authority in certain counties to attend probate court in traffic cases repealed 980 Suspension of drivers' license; driver improvement programs 2564 Tags; decals; certificates of title; drivers' licenses; habitual violators; insurance; alcohol and drug programs; fees; commercial vehicles; rules of the road; school buses; traffic offenses; use of radars Vetoed HB 245 Title transfer for vehicles from outside state; fees 779
Page CLXIX
Titles; fees 779 Tractor, farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and representatives; regulation by Genral Assembly; proposed amendment to the Constitution 3342 Traffic offenses; electronic reporting of convictions to Department of Public Safety 1118 Traffic offenses; prosecution 2785 Unfair claims settlement practices; unlawful acts; hearings and procedures 3048 Used; auctioneers, dealers 2450 Used motor vehicle parts dealers, dismantlers, rebuilders, salvage dealers 2470 Vehicle service agreements; underwriting 2389 Width; 14 to 16 feet wide mobile homes, modular homes, and sectional houses; permits 987 MOULTRIE, CITY OF Annexation of state property 3085 Disposition of state owned property in city 823 MULES Humane care required 3214 MULTICOUNTY PUBLIC DEFENDER Capital felonies; indigents 1963 MULTILEVEL DISTRIBUTION COMPANIES Certain practices unlawful and deceptive; remedies 2370 MULTIYEAR LEASE, PURCHASE, AND LEASE PURCHASE CONTRACTS Capital outlay funds; education Vetoed SB 587 MUNICIPAL CORPORATIONS Ad valorem taxation; assessments; different for certain counties and cities 1226 Ad valorem taxation; joint city-county board of tax assessors in certain counties; appeals and reviews 1676 Airports; extraterritorial condemnation of property for airports or landing fields 1434 Annexation; revise and establish procedures relating thereto 2592 Burial grounds; preservation and protection; reimbursement 2508 Bus shelters; regulation 1504 City clerks' training classes; expenses 1899 City commissioners and chairman of certain cities; compensation Act repealed 1216 Compensation of officials; cities of 5,150 to 5,300 1699 Contested primaries and elections 1163
Page CLXX
Contracts by certain municipal corporations for county assessment of ad valorem taxes 2352 Controlled substances; in, on, or within 1,000 feet of a county or city park, playground, or recreation center; unlawful 2043 County jail funds; manner to be paid over 2065 Development authorities; number of directors 1614 Development authorities of certain counties and cities; board of directors for constitutional authority to become board for authority created under Title 36, Chapter 62 1157 Downtown development authorities; designation as redevelopment agency and urban redevelopment agency; definitions; powers 2533 Elections; absentee ballots and voting; methods; procedures 1815 Elections conducted by county board of elections in certain cities 1693 Facilities for alcoholics, drug dependent persons and users, or delinquent children; notice to governing authority and General Assembly members 2120 Fire safety standards; enforcement; investigation 2186 Housing authorities; commissioners; additional resident commissioner for certain municipalities 2059 Impact fees; date for conformity with statute; connection fees for water and sewer systems 905 Inmates' accounts; use to defray certain costs incurred; exceptions 2942 Jails; inmates' medical care; payment 2125 Joint Study Committee on Local Government Services 3066 Joint Study Committee on State and Local Government Environmental Enforcement Authority; creation 1560 Law enforcement officers; citizens of adjoining states 1325 Law enforcement officers; training; reimbursement of costs 1325 Municipal court probation systems authorized 1465 Municipal courts; driving while a license is suspended or revoked; punishment 1128 Municipal courts in counties without state courts; criminal trespass; jurisdiction 1281 Municipal taxation and license fees; exemptions inapplicable in certain counties 1226 Officers, agents, and employees; authority to serve process 2122 Pesticides; regulation prohibited; exemption 3162 Planning and zoning; county to exercise powers within inactive municipality 2056 Professions and businesses; proof of licensure to receive business license 1553 Property acquired for lake purposes; disposal 1348 Public safety radio; joint use inapplicable in certain counties 1444 Regional development centers; nonprofit corporations; expenditures; auditing 2108 Revenue bonds; undertakings; fees 2197 Rezoning limitations on land annexed in certain counties 2342 Rooms, lodgings, and accommodations; excise tax levies; authorization 3035 Schools on 24 hour basis authorized in certain cities 2340 State courts providing municipal court services; contracts; procedures 1161
Page CLXXI
State general obligation debt or guaranteed revenue debt; loans to local government entities or authorities for solid waste recycling or facilities or systems; proposed amendment to the Constitution 3329 Telephone; emergency 911 systems; advisory board 1645 Vacancies; appointments to fill 1006 Veterans' preference; Desert Shield and Desert Storm eligibility 2087 Voter registrars in cities of certain counties to be appointed deputy county registrars 1231 Voter registrars of cities appointed deputy registrars of certain counties 2048 Voter registration; postage on return cards for continuation in certain cities 1698 Voters registered in certain counties added to municipalities' voter registration list 1697 Voters registered in city within certain counties added to county registration list 2345 Workers' compensation; group self-insurance fund 2424 MUNICIPAL COURTS County jail fund; payments to county with which municipality has contracted 994 Driving while a license is suspended or revoked 1128 Motor vehicle emission inspections; cite 918 Municipal court probation systems authorized 1465 State courts provide services; contracts; procedures 1161 MUNICIPAL ELECTIONS Conducted by county board of elections in certain cities 1693 Pending election contest 2510 MUNICIPAL GAS AUTHORITY OF GEORGIA Membership; employees of political subdivision gas departments 1055 MURRAY COUNTY Board of commissioners; districts 4649 Deputy coroner; compensation 6141 District attorney; investigator's power of arrest 6352 School superintendent; appointment; referendum 6246 Whitfield-Murray Historical Society; easement across state property 1591 MUSCOGEE COUNTY Board of education; composition; qualifications; districts; terms; elections; vacancies; compensation; taxes; referendum 6629 Homestead exemption; county and school district taxes; bonded indebtedness; referendum 5365
Page CLXXII
MUSEUMS Human remains and burial objects; repatriation 1790 N NATIONAL GUARD Members of reserve units or National Guard in adjoining states; motor vehicle license plates Vetoed HB 1445 Reservists; prestige plates 2785 NATURAL GAS Motor vehicle fuel; no Public Service Commission jurisdiction over retail sale 1647 Municipal Gas Authority; membership; employees of political subdivision gas departments 1055 NATURAL SPRING WATER Labeling and sales 1016 NELSON, CITY OF New charter 5615 NETT, ROBERT B., MEDAL OF HONOR HIGHWAY Designated 2203 NEWSPAPERS Official organs; standards for designation 1035 Unlawful for nonlocal business to advertise local telephone number without nonlocal address 1129 NEWTON COUNTY Board of commissioners; districts; elections 6537 Board of education; districts; elections 6528 Motor vehicle registration periods; referendum 6587 Newton County Water and Sewerage Authority; revenue bond limit 6469 NEWTON COUNTY WATER AND SEWERAGE AUTHORITY Revenue bond limit 6469 NO PASS/NO PLAY Provisions; applicability Vetoed SB 622
Page CLXXIII
NONDISCRIMINATION Employment; Commission on Equal Opportunity 1828 Housing; Commission on Equal Opportunity 1840 NONPROFIT CONTRACTORS Resource Conservation and Development Councils; contracts with state agencies 904 NONPROFIT CORPORATIONS Regional development centers 2108 NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS ACT OF 1990 Certain colleges and universities and nonpublic institutes of paper science and technology; exempt from Act 2198 Commission; contracts; United States Department of Education; applications; agent's permits 1657 Fees 1005 Tuition Guaranty Trust Fund; established; fees; procedures 2615 NONRESIDENT PRINCIPALS Contracts with sales representatives; commission 1320 NONRESIDENTS Redefined for income tax purposes Vetoed HB 1377 NUISANCES Unfit structures; service on nonresident parties in interest 1538 NURSES Georgia Board of Examiners of Licensed Practical Nurses; membership 2151 Hospice patient; pronounce dead 1392 Marking of vehicles of nurses transporting body fluids 982 Practical; training, education, and licensure 2151 NURSING HOMES State Board of Nursing Home Administrators; members; appointments 2770 Voluntary termination as provider of medical assistance; notices; requirements; cost reports; per diem rates; decertification; limited provider agreements 1048
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NURSING HOME ADMINISTRATOR Board of Human Resources; inclusion in membership Vetoed HB 1162 O OCONEE COUNTY County surveyor; elected office abolished 5399 OFFICE OF CHILD SUPPORT RECOVERY Birth certificates to include parents' social security numbers 1270 OFFICE OF FAIR EMPLOYMENT PRACTICES Name changed to Commission on Equal Opportunity 1828 OFFICE OF PLANNING AND BUDGET Emergency Management Agency 1258 OFFICIAL CODE OF GEORGIA ANNOTATED Code revision 6 OFFICIAL GEORGIA STATE THEATER Designation of Springer Opera House 1633 OFFICIAL ORGANS Standards for designation 1035 OGLETHORPE COUNTY Board of commissioners; districts 4514 Board of education; districts 4508 Coroner; deputy coroner; compensation; fees 4905 OPEN MEETINGS Special meetings; telecommunications conference; personnel; attorney's fees 1061 OPEN RECORDS Commercial solicitation; reports, summaries, and compilations 2829 County real estate deed records; computerized index 1545
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Public record and agency defined; commercial purposes; administrative proceedings; computer records; trial exhibits; executive job applicants; misdemeanor 1061 OPERATION DESERT SHIELD Veterans' employment preference; eligibility 2087 OPERATION DESERT STORM Veterans' employment preference; eligibility 2087 OPTOMETRISTS Contact lenses; sale 1475 OUT-OF-STATE PRINCIPALS Contracts with sales representatives; commission 1320 P PACKAGING Toxic heavy metals in packaging 2968 PALMETTO, CITY OF Special elections; mayor and council; vacancies 5450 PAP SMEARS Accident and sickness insurance coverage 1975 PARKING Handicapped parking; temporarily handicapped person redefined 1394 PARKS AND RECREATION AREAS Prohibited acts; probate court jurisdiction 1547 PAROLE Drug tests 3234 Participation in educational programs in penal institutions; parole guidelines 3219 PARROTT, COLONEL TOM, PARKWAY Designated 3062
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PATERNITY Birth certificates; adoption or legitimation 2410 Proceedings; admissibility of information on birth certificate or putative father registry 1266 PAULDING COUNTY Board of commissioners; elections; membership; districts; qualifications; terms; compensation; county manager; referendum 5788 Tallapoosa Judicial Circuit; additional superior court judge 2776 PAWN TRANSACTIONS Motor vehicles; maximum interest and fees; disclosure 3245 PEACE OFFICERS Municipalities; citizens of adjoining states as officers in certain cities 1325 Sheriffs; qualifications; training 2112 Training; reimbursement of counties and municipalities 1325 PEACE OFFICERS' ANNUITY AND BENEFIT FUND Certain peace officers; eligibility for membership 1491 Code revision 477 Purchase of creditable service; limitation 1139 PEACHTREE CITY Mayor and council; terms; election dates 5370 PENAL INSTITUTIONS Code revision 6 Department of Children and Youth Services; creation; transfer of duties and employees 1983 Inmates; commercial driver's license fees 1284 Inmates; drug tests 3234 Inmates' accounts; use to defray certain costs incurred by municipality or county; exceptions 2942 Inmates' medical care; payment by insurance carrier, Department of Medical Assistance, local government unit; restitution 2125 Jails; county jail fund; municipal court payments 994 Jimmy Autry Correctional Institution; designated 3109 Mandatory educational programs 3219 Municipal court probation systems authorized 1465
Page CLXXVII
PERINATAL SERVICES Charity care and utilization levels for new perinatal services; revocation of certificate of need; terminating as provider of medical assistance; exceptions 1068 PERSONAL CARE HOMES Hospice patient; pronounced dead by registered professional nurses 1392 Operators; licensed and unlicensed; representations 2139 PERSONALTY Judicial sales; at place other than courthouse in certain counties 1229 PESTICIDES Regulation by county or municipal corporation prohibited; exemption 3162 PET DEALERS License fees 1122 PHYSICAL THERAPISTS Comprehensive revision of chapter regulating profession; State Board of Physical Therapy; membership 2434 PHYSICIANS Contact lenses; sale 1475 Podiatry, practice of 2136 PIKE COUNTY Griffin Judicial Circuit; additional superior court judge 2067 PLANNING Limitation on land annexed by municipalities in certain counties 2342 Planning and zoning; county to exercise powers within inactive municipality 2056 Zoning procedures for certain counties; county authorized to create separate planning commissions for major communities 3017 PLANNING AND BUDGET, OFFICE OF Emergency Management Agency 1258
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PLEA OF NOT GUILTY BY REASON OF INSANITY Examination of defendant; outpatient care 1328 PLUMBERS Licensing exemption Vetoed HB 1109 PODIATRY Practice of 2136 POGO Official state `Possum; designated 2391 POLICE Retirement; recomputation by certain counties 2343 Simple battery against a police officer or law enforcement dog; misdemeanor 2066 State Patrol; disciplinary procedures; arrest powers for internal affairs investigators 3131 POLK COUNTY Homestead exemption; county and school district taxes; referendum 6361 Tallapoosa Judicial Circuit; additional superior court judge 2776 POOLER, CITY OF Corporate limits; referendum 7019 Mayor and aldermen; organizational meeting date 7180 PORTS Georgia Ports Authority; membership, terms of office 1014 POWDER SPRINGS, CITY OF Council; elections 6150 Homestead exemption; city taxes; referendum 6237 PRACTICAL NURSES See NURSES PREFERRED PROVIDERS Coinsurance percentages; limitations 1143
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PRESCHOOL AGE CHILDREN Assistance; immunization; Board of Human Resources; regulations 3044 PRESIDENTIAL PREFERENCE PRIMARY Date in 1992 1 PRESTIGE LICENSE PLATES See MOTOR VEHICLES AND TRAFFIC PRETRIAL RELEASE Drug tests 3234 PRISONERS See INMATES PROBATE COURTS Chief clerk; assumption of judge's duties; compensation 2104 Costs in certain counties 1192 Guardianships; medical insurance 2479 Hearings; compensation to physician or psychologist 2521 Judges; marriage ceremonies; tips for conducting 1488 Judges; salaries; minimum; longevity; cost-of-living 1478 Judges of the Probate Courts Retirement Fund of Georgia; board employees; fund membership and benefits 1037 Judges of the Probate Courts Retirement Fund of Georgia; certain persons annual cost-of-living benefits 2147 Jurisdiction; prohibited acts in parks and recreation areas 1547 Mental health hearings; expenses 2521 Minimum salary in certain counties 2049 Opening defaults 2479 Superior court clerk's authority in certain counties to attend probate court in traffic cases repealed 980 Traffic violations; repeal of requirement that clerk of probate court in certain counties attend court 909 PROBATION County Probation Advisory Council; created 3221 Drug tests 3234 Employees in certain counties continued in local retirement system 2344 Municipal court probation systems authorized 1465 Restitution for inmate's medical care as condition of 2125 Suspension of sentences; victims; notification; Department of Corrections; jurisdiction 3221
Page CLXXX
PROBATIONARY LICENSES See MOTOR VEHICLES AND TRAFFIC PROFESSIONAL STANDARDS COMMISSION Certification regulations; demonstration programs 1332 PROFESSIONS AND BUSINESSES Architects; State Board of Architects; membership; certification of registered interior designers 3318 Auctioneers; used motor vehicle dealers 2450 Audiologists; despensing hearing aids 3316 Barbers; State Board of Barbers; students; discipline; fines; suspension; termination date 2765 Code revision 6 Composite State Board of Medical Examiners; Physician's Assistants Advisory Committee; expense allowances; mileage allowances; reimbursement 1153 Contact lenses; restrictions on sale by nonlicensed persons 1475 Cosmetology; student licenses; reports; discipline; fines; termination 2490 Dentistry, practice of; license 2062 Electrical contractors, plumbers, and conditioned air contractors; licensing exemptions Vetoed HB 1109 Funeral directors; qualifications; casket and funeral merchandise defined 2762 Georgia Board of Examiners of Licensed Practical Nurses; membership 2151 Georgia Practical Nurses Practice Act; training, education, and licensure of practical nurses 2151 Georgia State Speech-Language Pathology and Audiology Licensing Act; speech-language pathology aide defined; scope of practice 1494 Health care services providers; advertisements; deceptive and misleading practices 2488 Health related professions; practice and licensure 2062 Hearing aid dealers and dispensers; audiologists dispensing hearings aids 3316 Impaired physicians programs 2062 Interior designers; certification 3318 Irrigation contractors; licensing; qualifications; requirements Vetoed HB 559 Land surveyors; definition; eligibility; certificate of registration; seals 3297 Landscape architects; Georgia Board of Landscape Architects; termination date 3161 Medicine, practice of; provisional licenses 2062 Nurses; marking of vehicles of nurses transporting body fluids 982 Physical therapists; comprehensive revision of chapter regulating such profession; State Board of Physical Therapy; membership 2434 Physicians; Controlled Substances Therapeutic Research Act; penalties 1634 Podiatry, practice of 2136 Proof of licensure to receive business license 1553 Psychologists; powers and functions 1902 Psychologists; State Board of Examiners of Psychologists; termination date 2769
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Real estate brokers and salespersons; escrow accounts; exclusive agency contracts 1541 Registered interior designers; certification 3318 Review, continuation, reestablishment, or termination of certain regulatory agencies 3137 Roofing contractors; licensing and regulation; exception Vetoed HB 1290 Sexual assault against persons under psychotherapeutic care 1940 State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts; additional member 2518 State Board of Nursing Home Administrators; members; appointments 2770 Study Committee on Professional Tax Equity; creation 2225 Surgery, practice of; unlicensed persons 2062 Used motor vehicle dealers; auctioneers 2450 Used motor vehicle parts dealers, dismantlers, rebuilders, salvage dealers 2470 PROPERTY Anatomical gifts; human body or parts; selling; prohibited; rights of donees; procedures 2946 Approval of plans by Safety Fire Commissioner 2186 Cemeteries; minimum size inapplicable in certain counties 2397 Code revision 6 County real estate deed records; computerized index 1545 Fair housing; nondiscrimination; Commission on Equal Opportunity 1840 Gain for income tax; home sales 1296 Georgia Uniform Conservation Easement Act 2227 Industrialized buildings; injunction for inspection; civil actions; cease and desist orders; entry; reports and records 1158 Landmark historic property; ad valorem taxes; preferential assessment 1502 Local government development impact fees; date for conformity with statute; connection fees for water and sewer systems 905 Manufactured and mobile homes; dealers and installers; licensure; regulations; exemptions 2750 Pawn transactions; motor vehicles; disclosure 3245 Personalty; museum collections of human remains and burial objects; repatriation 1790 Real estate appraisers; regulation 1402 Real estate brokers and salespersons; escrow accounts; exclusive agency contracts 1541 Structures on tidewaters; removal; procedures; hearings 2317 Transfer tax forms; return for taxation; valuation 1643 Unclaimed; time period for presumption of abandonment 1237 Unfit structures; service on nonresident parties in interest 1538 Wetlands Conservation Study Committee; continuation 3099 PROSECUTION Tax amnesty program 1249
Page CLXXXII
PROSTATE SPECIFIC ANTIGEN TESTS Accident and sickness insurance coverage 1975 PROSTHETIC DEVICES Sales and use taxes; exemptions 1276 PROVISIONAL RELEASE Inmates; drug tests 3234 PSYCHOLOGISTS Powers and functions; mental health; discharge; emergency treatment; committees 1902 State Board of Examiners of Psychologists; termination date 2769 PSYCHOTHERAPY Defined 1940 Sexual assault against persons under psychotherapeutic care 1940 PUBLIC DEFENDER Appointment of counsel for criminal charges in certain counties 2054 Multicounty; capital felony charges 1963 PUBLIC FACILITIES Handicapped persons; access; multifamily dwellings; definitions 2461 PUBLIC INFORMATION Secretary of State; user fees for public information services, materials, and copies 2530 PUBLIC MEETINGS Special meetings; telecommunications conference; personnel; attorney's fees 1061 PUBLIC OFFICERS AND EMPLOYEES Assistant district attorneys; LL.M. degree; redefined 1327 Certain state employees; medical and dental services; exemption from personal liability for services 2100 Code revision 6 Coroners; qualifications; waiver; unattended death defined 1436 Department of Children and Youth Services; creation; transfer of duties and employees 1983
Page CLXXXIII
Department of Public Safety; certain personnel; unclassified service Vetoed SB 17 Department of Public Safety; use of equipment by uniformed personnel 1310 Ethics; comprehensive regulation of public officials and lobbyists; bribery 1075 Fair Employment Practices Act 1828 Flexible employee benefit plans for state employees and others; group property and casualty insurance 2111 Funds held for third party; county or court officer can deposit in county treasury 2350 Governor's Development Council; composition; powers and duties; assignment to Department of Community Affairs; technical support 2039 Mandatory drug tests for candidates; illegal drug defined; reimbursement; laboratories 1612 Meetings related to performance; records related to applicants for executive jobs 1061 Residency requirement to hold public office 1138 Secretary of State; Georgia Laws; Senate and House Journals; prices; distribution 2431 Secretary of State; user fees for public information services, materials, and copies 2530 State and state authority employees; family and medical leave 1855 State employees; compensation for line-of-duty injury caused by an outpatient mental health client 2966 State Tort Claims Trust Fund; created 1883 The Georgia Tort Claims Act; sovereign immunity; tort claims and actions 1883 Vacancies; appointments to fill 1006 Veterans' employment preference; desert shield and desert storm eligibility 2087 PUBLIC OFFICIALS CONDUCT AND LOBBYIST DISCLOSURE ACT OF 1992 Enactment 1075 PUBLIC RECORDS Commercial solicitation; reports, summaries, and compilations 2829 County real estate deed records; computerized index 1545 Public record and agency defined; commercial purposes; administrative proceedings; computer records; trial exhibits; executive job applicants; misdemeanor 1061 PUBLIC SAFETY Certain department personnel; unclassified service Vetoed SB 17 Drivers' license; vision standards 3311 Use of department equipment by uniformed personnel 1310 PUBLIC SAFETY RADIO SERVICES Joint use inapplicable in certain counties 1444
Page CLXXXIV
PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM Application; effective date of retirement 1154 PUBLIC SCHOOLS See EDUCATION PUBLIC SERVICE COMMISSION Chairman; selection; terms 2335 Household goods carriers for hire; jurisdiction 1640 No jurisdiction over retail sale of natural gas as motor vehicle fuel 1647 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION Bus, rail, or terminal tickets, coins, notes, tokens, transfers, or transaction cards 985 Code revision 6 Distance learning and telemedicine network; development by Department of Administrative Services; awards from Universal Service Fund to join network 480 High-voltage electrical lines; regulation of workers; safeguards 2141 Household goods carriers for hire; jurisdiction; Public Service Commission; certificates; fines and penalties 1640 Motor common carriers; presumption of negligence in civil actions repealed; buses for hire 1179 Municipal Gas Authority; membership; employees of political subdivision gas departments 1055 Public Service Commission; chairman; selection; terms 2335 Public Service Commission; no jurisdiction over retail sale of natural gas as motor vehicle fuel 1647 Radio common carriers; termination of radio utility service 2195 Sixteen-mile telephone calling radius; related expenses and hardship recovery from Universal Service Fund; rates; infeasibility modification 480 Telephone; emergency 911 systems; advisory board 1645 Transportation Trust Fund; creation; proposed amendment to the Constitution 3339 Unclaimed funds held by; time period for presumption of abandonment 1237 PUBLIC WORKS PROJECTS Contract; retainage; interest; pay-off 2091 See BIDS PULASKI COUNTY Board of education; districts; elections 6437
Page CLXXXV
PUTATIVE FATHER REGISTRY Information admissible as evidence 1266 PUTNAM COUNTY Sheriff; compensation 6657 State court; judge; solicitor; compensation; clerical assistants; health insurance; pensions Vetoed SB 343 Tax commissioner; compensation 6655 Q QUALIFICATION FEES Special primary or special election 2510 QUALITY BASIC EDUCATION ACT Enrollment; funding calculation 1335 Environmental education 2331 Media center computer hardware and software; funds 1500 Teachers and school personnel; payroll deduction services by local units of administration 1501 R RABIES Felines; inoculation; county boards of health; procedures; certificates of inoculation 2089 RABUN COUNTY Clayton-Rabun County Water and Sewer Authority; creation 6403 Homestead exemption; county taxes; referendum 5472 Rabun County Economic Development Authority; creation 4912 Sheriff; compensation 6283 Sylvan Lake Falls Homeowners' Association, Inc.; easement across state property 1587 RABUN COUNTY ECONOMIC DEVELOPMENT AUTHORITY Creation 4912 RADIO COMMON CARRIERS Termination of radio utility service 2195
Page CLXXXVI
RADIO SERVICES Public safety; joint use inapplicable in certain counties 1444 RAILROADS Tickets, coins, notes, tokens, transfers, or transaction cards 985 RANDOLPH COUNTY Board of commissioners; compensation 5313 RAPE Limitations on prosecution tolled if victim under 16 2973 RAPTORS Hunting; regulations 2863 REAL ESTATE APPRAISERS Regulation 1402 REAL ESTATE BROKERS AND SALESPERSONS Escrow accounts; exclusive agency contracts 1541 REAL PROPERTY Acquired for lake purposes; disposal 1348 Counties; sales; highest bidder; sealed bids; auctions 1352 Notice of hazardous waste 2234 REAPPORTIONMENT House of Representatives; certain representative districts 827 House of Representatives; districts 133 House of Representatives; districts 492 Senate; districts 59 Senate; districts 693 U.S. Congress; districts 833 U.S. Congress; districts; definitions 335 RECORDS Application of open records law 1061 Commercial solicitation; reports, summaries, and compilations 2829 County real estate deed records; computerized index 1545
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RECYCLING Junk or metal dealers; regulation, procedures, and practices 2452 RECYCLING MARKET DEVELOPMENT COUNCIL Membership 3276 REGIONAL DEVELOPMENT CENTERS Conflicts of interest; bidding; election of board members 1271 Employees; membership in Georgia Municipal Employees Benefit System 989 Nonprofit corporations; expenditures; auditing 2108 REGISTERED INTERIOR DESIGNERS Certification 3318 REGISTERED VOTERS Added to municipalities' voter registration list in certain counties 1697 REGISTRARS Appointment of municipal registrars as deputy registrars of certain counties 2048 Appointment of municipal registrars as deputy registrars of certain counties 1231 REINHARDT COLLEGE PARKWAY Designated 3098 REPATRIATION Museum collections of human remains and burial objects 1790 RESIDENCY Requirement to hold public office 1138 RESOURCE CONSERVATION AND DEVELOPMENT COUNCILS Contracts with state agencies 904 RESTITUTION For inmate's medical care as condition of probation 2125 For inmate's wrongful acts; as condition of probation 2942
Page CLXXXVIII
RETAIL SALES Redefined for sales tax 1521 RETIREMENT AND PENSIONS Code revision 477 County officers and employees in certain counties 1700 County police; funds for aid, pension, and dependents in certain counties 2347 County police and firefighters; recomputation by certain counties 2343 Department of Children and Youth Services; creation; transfer of duties and employees 1983 District Attorneys Retirement Fund of Georgia; membership in District Attorneys' Retirement System 2355 District Attorneys Retirement Fund of Georgia; spouses' benefits option 2361 District Attorneys' Retirement System; membership; superior court judges 1024 District Attorneys' Retirement System; membership of members of District Attorneys Retirement Fund of Georgia 2355 Employees' Retirement System of Georgia; county probation employees in certain counties continued in local retirement system 2344 Employees' Retirement System of Georgia; creditable service; employees of Judicial Council of Georgia and Council of Juvenile Court Judges 1151 Employees' Retirement System of Georgia; creditable service; reestablishment; former members of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia 1110 Employees' Retirement System of Georgia; disability beneficiaries; income limitations 1108 Employees' Retirement System of Georgia; membership; employees of new state agencies or authorities 2176 Employees' Retirement System of Georgia; membership; GeorgiaNet Authority 2117 Employees' Retirement System of Georgia; membership; judicial employees; court administrators of judicial circuits 2995 Employees' Retirement System of Georgia; optional allowance; spouses' benefits; remarriage 2975 Employees' Retirement System of Georgia; optional allowances; death of designated spouse and remarriage of retired member; limitations on option for new spouse 1141 Employees' Retirement System of Georgia; retired members performing not more than 1,040 hours of service per year; benefits 2178 Georgia Defined Contribution Plan; enacted 1288 Georgia Firemen's Pension Fund; exemptions on fire insurance premiums tax 1298 Georgia Firemen's Pension Fund; fireman or volunteer fireman; credit 2358 Georgia Firemen's Pension Fund; member; spousal benefits; divorce or death of spouse 3010 Georgia Firemen's Pension Fund; membership; prior service credit 2525 Georgia Legislative Retirement System; benefits for retired members performing not more than 1,040 hours of service per year 2748 Georgia Municipal Employees Benefit System; employees of authorities and regional development centers 989
Page CLXXXIX
Income taxes; withholding 1296 Judges of the Probate Courts Retirement Fund of Georgia; board employees; fund membership and benefits 1037 Judges of the Probate Courts Retirement Fund of Georgia; certain persons annual cost-of-living benefits 2147 Peace Officers' Annuity and Benefit Fund; certain peace officers; eligibility for membership 1491 Peace Officers' Annuity and Benefit Fund; purchase of creditable service; limitation 1139 Public School Employees Retirement System; application; effective date of retirement 1154 Sheriffs' Retirement Fund of Georgia; sheriffs; vacancy; creditable service 2523 Superior Court Clerks' Retirement Fund of Georgia; payments in certain counties 2348 Superior Court Judges Retirement System; creditable service for certain prior service 1303 Teachers Retirement System of Georgia; attendance officers; membership 2182 Teachers Retirement System of Georgia; creditable service; member's pregnancy 1610 Teachers Retirement System of Georgia; creditable service; persons who have withdrawn; reestablishment by portions 1347 Teachers Retirement System of Georgia; disability retirement 2180 Teachers Retirement System of Georgia; early retirement; 30 years of service 1301 Teachers Retirement System of Georgia; local school systems; contributions for certain employees 2528 Teachers Retirement System of Georgia; members; retirement allowances 2476 Teachers Retirement System of Georgia; members; spousal options; revocation 1554 Teachers Retirement System of Georgia; members formerly members of the Employees' Retirement System of Georgia; transfer of service credits and contributions 1105 Trial Judges and Solicitors Retirement Fund; members over 70 years of age; retirement 2102 Trial Judges and Solicitors Retirement Fund; senior judges and district attorneys emeritus; appointment; powers and duties; state court, juvenile court, and superior court judges 1112 Trial Judges and Solicitors Retirement Fund; superior court and state court judges; supplemental benefits 1331 REVENUE AND TAXATION Ad valorem taxation; additional boards of equalization in certain counties; contracts by certain municipal corporations for county assessment 2352 Ad valorem taxation; assessments; different for certain counties and cities 1226 Ad valorem taxation; boards of equalization; authority for additional boards in certain counties repealed 1678 Ad valorem taxation; boats; taxable situs 2480 Ad valorem taxation; county tax digests; evaluation cycle; additional state tax; penalty; waiver; appeals 2494
Page CXC
Ad valorem taxation; date for completion of revision and assessment of returns in certain counties 1191 Ad valorem taxation; due date; delinquency; interest; executions in certain counties 1218 Ad valorem taxation; exemptions; homestead includes leased property in certain counties 2058 Ad valorem taxation; fair market value; restrictions on use of land resulting from state or federal laws 1008 Ad valorem taxation; freeport exemption 2482 Ad valorem taxation; freeport exemption, joint county and municipal sales and use tax, and special county 1 percent sales and use tax; time period for referendum changed Vetoed HB 198 Ad valorem taxation; heavy-duty construction equipment owned by nonresidents 1551 Ad valorem taxation; heavy-duty equipment motor vehicles and other motor vehicles; classification; proposed amendment to the Constitution 3336 Ad valorem taxation; homestead exemptions; date for filing application in certain counties 1190 Ad valorem taxation; interest and executions in certain counties 1211 Ad valorem taxation; interest rate, date applicable; executions in certain counties 1189 Ad valorem taxation; joint city-county board of tax assessors in certain counties; appeals and reviews 1676 Ad valorem taxation; land bank authorities; extinguishing school taxes 1355 Ad valorem taxation; landmark historic property; definition; preferential assessment 1502 Ad valorem taxation; mobile home local permits; annual deadline in certain counties 1683 Ad valorem taxation; mobile homes; time for return for taxation in certain counties 1684 Ad valorem taxation; notice; official duties, liability, and accountability; defaulters; mobile homes 2411 Ad valorem taxation; penalty, dates, and interest in certain counties 1690 Ad valorem taxation; real property; transfer tax forms; return for taxation; valuation 1643 Ad valorem taxation; revaluation of realty encumbered by conservation easement 2227 Ad valorem taxation; state board of equalization; interest on tax appeals 1346 Ad valorem taxation; time for making returns in certain counties 1188 Ad valorem taxation; time for presentation of tax returns to county board of tax assessors in certain counties 1187 Alcoholic beverages; refunds or credits for taxes; manner of collecting taxes 1458 Code revision 6 Collections 1249 County tax collectors and commissioners; salaries; minimum; longevity; cost-of-living 1478 Durable medical equipment and prosthetic devices; sales and use taxes; exemptions 1276 Electronic funds transfer; payment of taxes and licenses to state revenue commissioner 1234
Page CXCI
Excise tax on lodgings; tax collection; procedures and rate of reimbursement to dealers 815 Fees; replacement license plates or renewal decals; dealer tags; increased 2978 Income taxes; capital gains 2977 Income taxes; gain on sale of home; withholding; pensions; dividends; fringe benefits 1296 Income taxes; refunds; deductions for the Home Delivered Meals, Transportation Services to the Elderly, and Preschool Children with Special Needs Fund 3241 Income taxes; tax credits; certain businesses in certain counties 2031 Income taxes; taxable nonresident and wages redefined Vetoed HB 1377 Intangible recording tax; 4 percent commission for collection in certain counties 1686 Intangible taxes; stock in financial institutions reorganized under the southern region interstate banking law; exemption 1183 Internal Revenue Code defined 1441 Land bank authorities; extinguishing school taxes 1355 Motor fuel taxes; refunds to employees of foreign governments 2095 Motor vehicle license fees and plates 779 Municipal taxation and license fees; exemptions inapplicable in certain counties 1226 Rooms, lodgings, and accommodations; excise tax levies; authorization 3035 Sales and use tax; exemptions; durable medical equipment and prosthetic devices 1276 Sales and use tax; lottery tickets; exemption 3173 Sales and use tax; retail sales; coin operated amusement machines 1521 Sales and use tax; tax collection; procedures and rate of reimbursement to dealers 815 Second motor fuel tax; tax collection; procedures and rate of reimbursement to dealers 815 Special purpose county sales and use tax; general obligation debt; ballot; special elections 2998 Study Committee on Professional Tax Equity; creation 2225 Tax amnesty program 1249 Tax collection; procedures and rate of reimbursement to dealers 815 Tax liens; judgments; priority with respect to a security interest 1028 REVENUE BONDS See BONDS RICEBORO, CITY OF New charter 4614 RICHMOND COUNTY Audits 7048 Board of commissioners; composition; terms; elections; vacancies; districts; meetings; compensation; equal opportunity 6249
Page CXCII
Board of commissioners; conveyance of state owned property 3075 Board of education; composition; districts; elections; terms; equal opportunity 6224 Board of education; contracts; bids; purchases 6349 Board of education; organizational meetings 6346 Judge emeritus of the Civil and Magistrate Court of Richmond County 5570 Officials; compensation 6068 RILEY C. THURMOND BRIDGE Designated 3088 RIVER BASIN MANAGEMENT PLANS Development; submission; approval 1896 RIVERDALE Corporate limits 7109 RIVERS Basin management plans; development; submission; approval 1896 Removal of structures located on or over 2317 See WATERS OF THE STATE, PORTS, AND WATERCRAFT ROBERT B. NETT MEDAL OF HONOR HIGHWAY Designated 2203 ROCKDALE COUNTY Homestead exemption; school district taxes; referendum 5351 Lease of state owned property 3119 ROME, CITY OF Homestead exemptions; independent school district taxes; referendum 6114 Rome-Floyd County Commission on Children and Youth; membership 5433 ROME-FLOYD COUNTY COMMISSION ON CHILDREN AND YOUTH Membership 5433 ROOFING CONTRACTORS Licensing and regulations; exception Vetoed HB 1290 ROOMS, LODGINGS, AND ACCOMMODATIONS Excise tax levies; authorization 3035
Page CXCIII
ROSA L. BEDELL Compensation 3074 ROYSTON, CITY OF New charter 5918 RURAL DEVELOPMENT State Advisory Committee on Rural Development; membership; appointment 988 RUTLEDGE, CITY OF New charter 6951 S SAFETY FIRE COMMISSIONER Reports of fires and injuries; investigations; fees; hearings 2186 SALES AND USE TAX County special purpose; general obligation debt; ballot; special elections 2998 Durable medical equipment and prosthetic devices; exemptions 1276 Joint county and municipal sales and use tax, and special county 1 percent sales and use tax; time period for referendum changed Vetoed HB 198 Reimbursement deduction for collection; limitation 815 Retail sales; coin operated amusement machines 1521 SALES REPRESENTATIVES Contracts with out-of-state principals; commission 1320 SAMUEL FRANK MORAST, JR., HIGHWAY Designated 3115 SAND DUNES Protected 1362 SANDRA K. DAVIS Compensation 3063 SAVANNAH, CITY OF Board of public education; districts 5516
Page CXCIV
Savannah Development and Renewal Authority; creation 6764 SAVANNAH CONCRETE, INC., WILL D. HERRIN, PRESIDENT Compensation 3118 SAVANNAH DEVELOPMENT AND RENEWAL AUTHORITY Creation 6764 SAVANNAH RIVER Upper Savannah River Development Authority Vetoed HB 1767 SCALES Fees 1278 SCHOOL BUSES Homicide by vehicle 2093 Strobe lights; exception 2963 SCHOOL PERSONNEL Grievance procedures; complaints policy 3303 SCHOOLS Enrollment; social security number 2200 Grievance procedures; complaints policy 3303 Local boards of education; care for students before and after school and during vacations 1831 Possession of guns, explosives, and weapons at 1315 Textbooks and library books; sanctions for willful or negligent loss or damage Vetoed HB 727 Twenty-four hour basis authorized in certain counties and cities 2340 See EDUCATION SCOOTERVILLE HIGHWAY Designated 3084 SEABEES MONTH IN GEORGIA Designated 3090 SEAFOOD Possession limits for certain fish; requirements; transfers prohibited 1651
Page CXCV
SECRETARY OF STATE Elections; absentee ballots and voting; methods; procedures 1815 Foreign limited liability companies; qualifications and registration to transact business; revocation of certificates of authority 1865 Georgia Laws; Senate and House Journals; prices; distribution 2431 Review, continuation, reestablishment, or termination of certain regulatory agencies 3137 User fees for public information services, materials, and copies 2530 Voter registration cards; reimbursement of counties 1060 SECURED TRANSACTIONS Tax liens; judgments; priority with respect to a security interest 1028 SECURITIES Investment securities 2626 Investments for executors and trustees, service providers not precluded; incorporation by reference 1438 SENATE Districts 59 Districts 693 Journals; prices; distribution 2431 Legislative Fiscal Oversight Committee; created; powers, duties, and authority Vetoed SB 410 Members and officers; air travel; reimbursement limitations 3041 Secretary of the Senate; journals 2431 SENTENCING Enhanced for criminal street gang participation 3236 Victim impact statements 2419 SERVICE OF PROCESS Nonresident parties in interest to unfit structures 1538 SEWAGE Marine toilets; restrictions Vetoed SB 618 SEWER SYSTEMS Counties; sales; water and sewer systems materials; publish standards 3212 Local government impact fees; connection fees for water and sewer systems 905
Page CXCVI
SEX EDUCATION Local boards of education; adopt policies Vetoed HB 1837 SEXUAL CRIMES Sexual assault against persons under psychotherapeutic care 1940 See CHILD MOLESTATION SEXUAL OFFENDERS DNA data bank 2034 SHERIFFS Civil cases; fees 1311 Clerks' recording fees 1311 Duties; persons charged with county ordinance violations in certain counties 1230 Judicial sales; personalty; at place other than courthouse in certain counties 1229 Land registration and recording transactions; fees 1311 Of certain counties; authority to deposit cash bonds and bondspersons' reserves in interest-bearing accounts 1689 Qualifications; training 2112 Salaries; minimum; longevity; cost-of-living 1478 Sheriffs' Retirement Fund of Georgia; vacancy; creditable service 2523 SHERIFFS' RETIREMENT FUND OF GEORGIA Sheriffs; vacancy; creditable service 2523 SHORE ASSISTANCE ACT Repealed; Shore Protection Act enacted 1362 SHORE ASSISTANCE COMMITTEE Renamed to Shore Protection Committee 1362 SHORE PROTECTION ACT Enacted 1362 SHORE PROTECTION COMMITTEE Formerly named Shore Assistance Committee 1362 SICKNESS INSURANCE See INSURANCE
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SIMPLE BATTERY Against a police officer, law enforcement dog; misdemeanor 2066 SIMPSON, HARRY LEON, PARKWAY Designated 3082 SIXTEEN FOOT WIDE MOBILE HOMES Permits for transportation 987 SIXTEEN MILE TELEPHONE CALLING RADIUS Related expenses; hardship recovery 480 SKY VALLEY, CITY OF Homestead exemption; city taxes; referendum 6111 Mayor pro tempore; president of the council; mayor's duties; departments; vacancies; 5778 SMALL BUSINESS STATIONARY SOURCE TECHNICAL AND ENVIRONMENTAL COMPLIANCE PROGRAM Air quality; office; advisory panel 2886 SMITHVILLE, CITY OF Council; membership; quorum; wards; elections; terms 6289 SMOKE DETECTORS Standards 2186 SMYRNA, CITY OF Homestead exemption; city taxes; referendum 5725 SNELLVILLE, CITY OF Corporate limits 5886 SOCIAL SECURITY Public schools; enrollment provide number 2200 SOCIAL SERVICES Aid to Dependent Children Act; eligibility for funds 2772 Board of Human Resources; membership Vetoed HB 1162
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Children; preschool; assistance; immunization; Board of Human Resources; regulations 3044 Code revision 6 Department of Children and Youth Services; creation; transfer of duties and employees 1983 Home Delivered Meals, Transportation Services to the Elderly, and Preschool Children with Special Needs Fund; creation; contributions; income tax refund deductions 3241 Jails; inmates' medical care; payment 2125 SODOMY Limitations on prosecution tolled if victim under 16 2973 SOLICITORS Trial Judges and Solicitors Retirement Fund; members over 70 years of age; retirement 2102 SOLID WASTE MANAGEMENT Definitions; powers; Board of Natural Resources and director of Environmental Protection Division; recycling programs; fees 3276 Georgia Comprehensive Solid Waste Management Act amended; tires; Solid Waste Trust Fund 3259 Loans for solid waste projects by the Georgia Environmental Facilities Authority 2316 State general obligation debt or guaranteed revenue debt; loans to local government entities or authorities for solid waste recycling or facilities or systems; proposed amendment to the Constitution 3329 Surcharges 2234 SOLID WASTE TRUST FUND Georgia Comprehensive Solid Waste Management Act amended 3259 SOUTH GEORGIA PARKWAY Designated; Corridor Z 1607 SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY Easement across state property in Toombs County 2210 Easement in Floyd County 1569 SPALDING COUNTY Board of commissioners; county manager 5810 Board of commissioners; districts 6606 Griffin Judicial Circuit; additional superior court judge 2067
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Griffin-Spalding County Board of Education; composition; districts; elections; terms 6812 Griffin-Spalding County Development Authority; membership 6907 SPECIAL ELECTIONS Special purpose county sales and use taxes; ballot 2998 SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS Hearing aids; dispensing by audiologists 3316 SPEECH-LANGUAGE PATHOLOGY AIDE Defined; scope of practice 1494 SPRING WATER Labeling and sales 1016 SPRINGER OPERA HOUSE Designation as official Georgia state theater 1633 STABLES License fees 1122 STANFORD L. AND BARBARA B. TILLMAN Easements across state owned property in Tattnall County 3091 STATE ADVISORY COMMITTEE ON RURAL DEVELOPMENT Membership; appointment 988 STATE AUDITOR Program reviews and evaluations Vetoed SB 410 STATE BOARD OF ARCHITECTS Membership; registered interior designers 3318 STATE BOARD OF COSMETOLOGY Student licenses; reports; discipline; fines; termination 2490 STATE BOARD OF EDUCATION Authority; demonstration plans and programs 1332
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Capital outlay funds; school consolidation and reorganization; hearings and procedures; project funding 3164 Pay-for-performance programs; established; implementation 3164 Public schools; comprehensive evaluations and standards; exemptions Vetoed SB 484 STATE BOARD OF EQUALIZATION Additional member 2518 STATE BOARD OF NURSING HOME ADMINISTRATORS Members; appointments 2770 STATE BOARD OF PARDONS AND PAROLES Drug tests 3234 STATE BOARD OF PHYSICAL THERAPY Membership 2434 STATE BOARD OF REGISTRATION FOR USED MOTOR VEHICLE PARTS DEALERS, DISMANTLERS, REBUILDERS, AND SALVAGE DEALERS Powers and duties 2470 STATE BOARD OF TECHNICAL AND ADULT EDUCATION Quick start training; rules 2201 STATE BOARD OF WORKERS' COMPENSATION Workers' compensation; extensive revision of state law 1942 STATE COMMISSION ON FAMILY VIOLENCE Created; state plan to end family violence 1810 STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY Created; composition; members; duties 1357
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STATE COURTS Clerks; designation of chief deputy by candidates in certain counties 2590 Fees in certain counties; volunteer legal service agencies 1056 Judges; marriage ceremonies; tips for conducting 1488 Judges; residency requirements 1257 Providing municipal court services; contracts; procedures 1161 Senior judges 1112 Trial Judges and Solicitors Retirement Fund; members over 70 years of age; retirement 2102 Victim impact statements 2419 STATE DEPOSITORIES Cash management; fees; collection, processing, deposit, and withdrawal 1247 STATE FORESTRY COMMISSION Georgia Prescribed Burning Act; duties 2405 STATE FUNDS Depositories; cash management; fees; collection, processing, deposit, and withdrawal 1247 STATE GOVERNMENT Appropriations; S.F.Y. 1992-1993 1701 Appropriations; supplemental for S.F.Y. 1991-1992 379 Certain state employees; medical and dental services; exemption from personal liability for services 2100 Code revision 6 Commission on Equal Opportunity 1828 Department of Audits and Accounts; program reviews and evaluation Vetoed SB 410 Depositories; cash managements; fees; collection, processing, deposit, and withdrawal 1247 Distance learning and telemedicine network; development by Department of Administrative Services; awards from Universal Service Fund to join network; 16 mile telephone calling radius; related expenses and hardship recovery from Universal Service Fund; rates; infeasibility modification 480 Family and medical leave for employees of the state and state authorities 1855 Flexible employee benefit plans for state employees and others; group property and casualty insurance 2111 Geo. L. Smith II Georgia World Congress Center Authority; alcoholic beverages; sale for consumption on premises 2097 Georgia Building Authority; recycling programs 3276 Georgia Commission on Women; creation; Commission on the Status of Women; abolished 820
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Georgia Environmental Facilities Authority; loans for solid waste projects 2316 Georgia Folk Festival; official state folk festival; designated 2363 Georgia Register ; GeorgiaNet Authority; publication 1431 Governor's Development Council; composition; powers and duties; assignment to Department of Community Affairs; technical support 2039 Nonprofit contractors; Resource Conservation and Development Councils; contracts with state agencies 904 Official state folk festival; Georgia Folk Festival; designated 2363 Open meetings and open records 1061 Pogo; official state `Possum 2391 Public records; county real estate deed records; computerized index 1545 Public safety radio; joint use inapplicable in certain counties 1444 Regional development centers; conflicts of interest; bidding; election of board members 1271 Regional development centers; nonprofit corporations; expenditures; auditing 2108 Springer Opera House; designation as official Georgia state theater 1633 State Advisory Committee on Rural Development; membership; appointment 988 State employees; compensation for line-of-duty injury caused by an outpatient mental health client 2966 State general obligation debt or guaranteed revenue debt; loans to local government entities or authorities for solid waste recycling or facilities or systems; proposed amendment to the Constitution 3329 State lottery; enabling legislation 3173 State Tort Claims Trust Fund; created 1883 The Georgia Tort Claims Act; sovereign immunity; tort claims and actions 1883 Veterans' preference; Desert Shield and Desert Storm eligibility 2087 STATE LOTTERY Enabling legislation 3173 STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION Department of Public Safety; certain personnel; unclassified service Vetoed SB 17 Family and medical leave 1855 STATE OF GEORGIA Foreign limited liability companies; qualifications and registration to transact business; revocation of certificates of authority 1865 Georgia Folk Festival; official state folk festival; designated 2363 Lottery materials and equipment; manufacture for use outside the state not prohibited 1489 State Tort Claims Trust Fund; created 1883 The Georgia Tort Claims Act; sovereign immunity; tort claims and actions 1883 See STATE GOVERNMENT
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STATE PATROL DISCIPLINARY BOARD Abolished 3131 STATE PROPERTY Abbeville; easement across state owned property 3105 Atlanta; conveyance 1604 Baldwin County; conveyance after competitive bids of state property in Baldwin County 2206 Beckham, Doyle; easement in Baldwin County 1594 Benson, William A.; easement across state owned property in Glynn County 3102 Blasingame, Gary B., et al.; easement in Clarke County 3072 Board of Regents of the University System of Georgia; conveyance to 1601 Byron; consent to annexation of state property 3125 Calhoun; conveyance 3111 Central Georgia Electric Membership Corporation; easement in Monroe County 1569 Davis, William A.; conveyance of state owned property in Gordon County 3056 Davisboro; easement across state property 1569 Colquitt County; easement 1562 Crisp County; easement 1565 Disposition of state owned properties in Athens, Macon, Moultrie, Thomasville, and Tifton 823 Gainesville; consent to annexation of state property 3122 Georgia Power Company; easements in Calhoun County and DeKalb County 1569 Glynn County; conveyance 2220 Hawkinsville; easement across state property 3075 Howell, J. C.; exchange of property in Berrien County 2213 Macon Housing Authority; conveyance 2223 Moultrie; consent to annexation of state property 3085 Oglethorpe Power Corporation; easement in Stewart County 2213 Resolutions authorizing various conveyances, leases, and easements repealed 1597 Richmond County; board of commissioners; conveyance of state owned property 3075 Rockdale County; lease 3119 Southern Bell Telephone and Telegraph Company; easement in Floyd County 1569 Southern Bell Telephone and Telegraph Company; easement in Toombs County 2210 Sylvan Lake Falls Homeowners' Association, Inc.; easement in Rabun County 1587 Tillman, Stanford L. and Barbara B.; easements across state owned property in Tattnall County 3091 Twin City; easement 1569 Unified Government of Athens-Clarke County; easement 3095 Wetherington, B. J.; claim to property in Lowndes County 2213 Whitfield-Murray Historical Society; easement 1591
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Wrightsville; easement across state property 1569 STATE REVENUE COMMISSIONER Duties regarding county tax digest evaluation 2494 Powers and duties; coin operated amusement machines 1521 Rule-making power relating to off-premise licenses for caterers of alcoholic beverages 1145 Withholding motor vehicle registration from motor carriers owing fees or penalties 2095 STATUTES OF LIMITATION Childhood sexual abuse; definition; period of limitation of civil actions 2473 Limitations on prosecution tolled for certain crimes if victim under 16 2973 STATUTORY RAPE Limitations on prosecution tolled if victim under 16 2973 STEPHENS COUNTY Magistrate court; law library fees 5387 STEWART COUNTY Oglethorpe Power Corporation; easement across state property 2213 Stewart County Solid Waste Authority; creation 6867 STEWART COUNTY SOLID WASTE AUTHORITY Creation 6867 STONE MOUNTAIN JUDICIAL CIRCUIT Judges; salary supplement 6269 STREET GANG TERRORISM AND PREVENTION ACT Enacted 3236 STRUCTURES ON TIDEWATERS OR NAVIGABLE RIVERS Removal; procedures; hearings 2317 STUDENTS Uniform crime reports to state if victim is student and list school attended 1022 See EDUCATION
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STUDY COMMISSION ON POSTSECONDARY TECHNICAL AND ADULT EDUCATION FINANCE Creation 3323 STUDY COMMITTEE ON PROFESSIONAL TAX EQUITY Creation 2225 SUMMERVILLE, CITY OF City manager; mayor; referendum 6308 SUMTER COUNTY Board of commissioners; compensation 5470 Board of commissioners; districts; elections; terms; residency 5163 Board of education; reconstitution; districts; terms; referendum 5171 Sumter County Industrial Development Authority; creation 5062 Sumter County Livestock Authority; creation 5757 SUMTER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Creation 5062 SUMTER COUNTY LIVESTOCK AUTHORITY Creation 5757 SUNDAY SALE OF ALCOHOLIC BEVERAGES At festivals in certain counties 1694 In certain counties 1214 SUNSHINE LAW Special meetings; telecommunications conference; personnel; attorney's fees 1061 SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA Payments from certain counties 2348 SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA Code revision 477 Creditable service for certain prior service 1303 SUPERIOR COURTS Assistant district attorney in certain judicial circuits 1679
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Assistant district attorneys; LL.M. degree; redefined 1327 Atlanta Judicial Circuit; assistant district attorneys; compensation 5556 Bail; delegation of authority to set; exceptions; limitation; revocation 2527 Bailable offenses 1150 Clerk's authority in certain counties to attend probate court in traffic cases repealed 980 Clerks; fees in certain counties 2046 Clerks; retirement fund; payments in certain counties 2348 Clerks in certain counties; compensation 1220 Clerks' recording fees; sheriffs exempt 1311 Conasauga Judicial Circuit; district attorney; investigator's power of arrest 6352 County real estate deed records; computerized index 1545 Court administrators of judicial circuits; Employees' Retirement System of Georgia; membership 2995 District attorneys; victim and witness assistance personnel 1020 Dougherty and Tallapoosa Judicial Circuits; additional judge 2776 Eminent domain; superior court of certain counties to fix assessors' costs 1688 Employees' Retirement System of Georgia; creditable service; employees of Judicial Council of Georgia 1151 Enotah Judicial Circuit; created 1786 Felony trials; jury panel; peremptory challenges 1981 Flint Judicial Circuit; additional judge 1668 Georgia Safe Dams Act of 1978; final orders filed in superior court of county 1314 Griffin Judicial Circuit; additional superior court judge 2067 Judges; marriage ceremonies; tips for conducting 1488 Judges' supplemental expense allowance in certain judicial circuits 1680 Jury clerk and other personnel in certain counties 1692 Jury clerk and other personnel in certain counties 1228 Land registration and recording transactions; sheriffs' fees 1311 Lookout Mountain Judicial Circuit; additional judge 328 Lookout Mountain Judicial Circuit; district attorney; personnel; compensation; budget 6649 McIntosh County; terms 1205 Senior judges; state courts; juvenile courts 1112 Sheriffs; civil cases; fees 1311 Stone Mountain Judicial Circuit; judges; salary supplement 6269 Superior court clerks; salaries; minimum; longevity; cost-of-living 1478 Superior Court Judges Retirement System; creditable service for certain prior service 1303 Victim impact statements 2419 SURETY Criminal bonds; release; forfeiture 2933 SURFACE MINING Mining use plan defined and substituted for mined use plan; reclamation; powers and duties of Environmental Protection Division; permits; civil penalties; incidental dams 1098
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SURGERY Practice without a license 2062 SURVEYORS Definition; eligibility; certificate of registration; seals 3297 SUWANEE, CITY OF Homestead exemption; city taxes; referendum 6524 SYLVAN LAKE FALLS HOMEOWNERS' ASSOCIATION, INC. Easement across state property in Rabun County 1587 T TALBOT COUNTY Probate court; judge placed on annual salary 5340 Sheriff; compensation 5338 Superior court; clerk; compensation 5554 Tax commissioner; compensation; personnel; fees 5336 TALLAPOOSA, CITY OF Municipal court; jurisdiction; penalties 6305 TALLAPOOSA JUDICIAL CIRCUIT Additional superior court judge 2776 TARA JOYNER DAVIDSON Compensation 3114 TATTNALL COUNTY Board of commissioners; districts 4825 Board of education; elections; districts 4833 Stanford L. and Barbara B. Tillman; easements across state owned property 3091 TAX AMNESTY PROGRAM ACT Enactment 1249 TAX ASSESSMENT Contracts by certain municipal corporations for county assessment 2352
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TAX COMMISSIONERS, RECEIVERS, AND COLLECTORS Ad valorem taxation; real property; transfer tax forms; return for taxation; valuation 1643 Duties; liability; accountability 2411 Intangible recording tax; 4 percent commission for collection in certain counties 1686 Salaries; minimum; longevity; cost-of-living 1478 TAX CREDITS Certain businesses in certain counties 2031 TAYLOR COUNTY Magistrate court; chief magistrate; compensation; judge of the probate court 5407 TEACHERS Certification; Professional Standards Commission 2365 Grievance procedures; complaints policy 3303 TEACHERS RETIREMENT SYSTEM OF GEORGIA Attendance officers; membership 2182 Code revision 477 Creditable service; member's pregnancy 1610 Creditable service; persons who have withdrawn; reestablishment by portions 1347 Disability retirement 2180 Local school systems; contributions for certain employees 2528 Members; early retirement; 30 years of service 1301 Members; retirement allowances 2476 Members; spousal options; revocation 1554 Members formerly members of the Employees' Retirement System of Georgia; transfer of service credits and contributions 1105 TELECOMMUNICATIONS Distance learning and telemedicine network; development by Department of Administrative Services; awards from Universal Service Fund to join network 480 Sixteen-mile telephone calling radius; related expenses and hardship recovery from Universal Service Fund; rates; infeasibility modification 480 Unlawful for nonlocal business to advertise local telephone number without nonlocal address 1129
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TELEMEDICINE Distance learning and telemedicine network; development by Department of Administrative Services; awards from Universal Service Fund to join network 480 TELEPHONES Distance learning and telemedicine network; development by Department of Administrative Services; awards from Universal Service Fund to join network 480 Emergency 911 systems; advisory board 1645 Sixteen-mile telephone calling radius; related expenses and hardship recovery from Universal Service Fund; rates; infeasibility modification 480 Unlawful for nonlocal business to advertise local telephone number without nonlocal address 1129 TELFAIR COUNTY Board of education; vacancies; referendum 6358 TERRELL COUNTY Board of commissioners; districts; elections; terms; residency; purchases; bonds; oaths; vacancies 6101 TERRORISM Criminal street gang participation 3236 TEXTBOOKS Sanctions for willful or negligent loss or damage Vetoed HB 727 THE GEORGIA TORT CLAIMS ACT Sovereign immunity; tort claims and actions 1883 State Tort Claims Trust Fund; created 1883 THE PATIENT COST OF CARE ACT Definitions; charge for care or treatment; cost of care liability; assessments; public funds; expenditures 1445 THOMAS COUNTY Board of commissioners; districts 5814 THOMASTON-UPSON COUNTY SCHOOL DISTRICT Homestead exemption; referendum 5823
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THOMASVILLE, CITY OF Disposition of state owned property in city 823 THURMOND, RILEY C., BRIDGE Designated 3088 TIFTON, CITY OF Disposition of state owned property in city 823 TILLMAN, STANFORD L. AND BARBARA B. Easements across state owned property in Tattnall County 3091 TIRES Scrap tires; regulation; tax on new tires 3259 TITLES FOR MOTOR VEHICLES Fees; transfer fee for vehicles from outside state 779 TOBACCO Auction sales of flue-cured leaf tobacco; license fees 1023 TOM WATSON BROWN Compensation 3058 TOOMBS COUNTY Southern Bell Telephone and Telegraph Company; easement across state property 2210 TORTS Code revision 6 Motor common carriers; buses for hire; presumption of negligence in civil actions repealed 1179 Motor vehicle liability insurance; policy limits; acceptance; barring of claims 2514 The Georgia Tort Claims Act 1883 TOWNS COUNTY Board of education; appointment; referendum 6853 Enotah Judicial Circuit; created 1786
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TOXIC HEAVY METALS Packaging 2968 TRAFFICKING IN METHAMPHETAMINE Defined; penalties 2106 TRAILERS Fourteen to 16 feet wide; permits 987 TRAINING City clerks' training classes, expenses; Board of Georgia Municipal Training Institute, membership 1899 Peace officers; training; reimbursement 1325 Sheriffs; training 2112 TRANSPORTATION TRUST FUND Creation; proposed amendment to the Constitution 3339 TRIAL EXHIBITS Application of open records law 1061 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND Members over 70 years of age; retirement 2102 Senior judges and district attorneys emeritus; appointment; powers and duties; state court, juvenile court, and superior court judges 1112 Supplemental benefits; superior court and state court judges 1331 TRION, CITY OF J. C. Jake Woods Avenue; designated 3083 TROUP COUNTY Board of commissioners; districts 4796 Board of education; districts 5558 Homestead exemption; county and school district taxes; referendum 5459 TROUT Trout waters without seasons; streams added or deleted 1466 TRUST FUND Hazardous waste 2234
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TRUSTEES Investments; service providers not precluded; incorporation by reference 1438 TRUSTS Administrator with will annexed; trust created by will; expression of choice by trustee 983 TUITION GUARANTY TRUST FUND Established; fees; procedures 2615 TURNER COUNTY Board of commissioners; districts 5782 Board of education; districts 5874 TWIGGS COUNTY Board of commissioners; districts 4713 Board of commissioners; elections; terms 5259 Board of commissioners; Sunday meetings; county attorney 5315 Board of education; districts 4719 Homestead exemption; school district taxes; referendum 6502 Probate court; judge; compensation; benefits; personnel 5145 Sheriff; compensation; benefits; personnel 5140 Superior court; clerk; compensation; benefits; personnel 5149 Tax commissioner; compensation; benefits; personnel 5135 TWIN CITY, CITY OF Easement across state property 1569 TY TY, CITY OF New charter 5275 U ULMER, JOHN WESLEY, JR. Compensation 3110 UNATTENDED DEATH Defined 1436 UNCLAIMED PROPERTY Time period for presumption of abandonment 1237
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UNEMPLOYMENT COMPENSATION Aliens; contributions by employer transferring business; panels of hearing officers; extended benefits 776 UNFAIR CLAIMS SETTLEMENT PRACTICES ACT Enacted; insurance 3048 UNFAIR PRACTICES Insurance 996 See DECEPTIVE PRACTICES and CONSUMER PROTECTION UNFIT STRUCTURES Removal; tidewaters and rivers 2317 Service on nonresident parties in interest 1538 UNIFORM COMMERCIAL CODE Code revision 6 Funds transfers; payment orders 2685 Investment securities; secured interests 2626 Tax liens; judgments; priority with regard to a security interest 1028 UNIFORM CRIME REPORTS Reports to state if victim is student and list school attended 1022 UNION COUNTY Enotah Judicial Circuit; created 1786 UNITED STATES CONGRESS Districts 833 Districts; definitions 335 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Cooperation with; fair housing; Commission on Equal Opportunity 1840 UNIVERSAL SERVICE FUND Awards from fund to join distance learning and telemedicine network; 16 mile telephone calling radius; related expenses and hardship recovery from fund 480
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UNIVERSITIES See COLLEGES AND UNIVERSITIES UNPAID WAGES Time period for presumption of abandonment 1237 UPPER SAVANNAH RIVER DEVELOPMENT AUTHORITY Membership; jurisdiction; projects; powers; duties Vetoed HB 1767 UPSON COUNTY Griffin Judicial Circuit; additional superior court judge 2067 Thomaston-Upson County School District; homestead exemption; referendum 5823 USED MOTOR VEHICLE PARTS DEALERS, DISMANTLERS, REBUILDERS, AND SALVAGE DEALERS Registration, licenses, inspections, sale at auction 2470 UTILITIES Municipal Gas Authority; membership; employees of political subdivision gas departments 1055 Radio common carriers; termination of radio utility service 2195 Telephones; 16 mile calling radius 480 V VACANCIES Elective public office; appointments 1006 VALDOSTA, CITY OF Board of education; elections; terms; vacancies; officers 6809 VANDIVER POINT Designated; Colonel's Island 1558 VARNELL, CITY OF New charter 6670 VAUGHN, CLARENCE R., JR. HIGHWAY Designated 3069
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VEHICLE SERVICE AGREEMENTS Underwriting 2389 VESSELS See WATERS OF THE STATE, PORTS, AND WATERCRAFT VETERANS Disabled veterans; free license plates; joint ownership of vehicle with spouse 1498 Drivers' licenses 1496 License plates free to disabled veterans; joint ownership of vehicle with spouse 1498 State employment preference; Desert Shield and Desert Storm eligibility 2087 VETERANS MEMORIAL PARKWAY Designated 3071 VICTIMS Compensation; Georgia Crime Victims Compensation Board; Criminal Justice Coordinating Council to serve as board; director; restitution rights 2426 Impact statement; juvenile court; criminal proceedings 2419 Restitution; claim by county and Georgia Crime Victims Emergency Fund Vetoed HB 1721 VIOLENCE IN FAMILY State commission on family violence; state plan 1810 VISION Contact lenses; restrictions on sale 1475 VITAL RECORDS Application of open records law 1061 Birth certificates; adoption or legitimation 2410 Birth certificates to include parents' social security numbers; Office of Child Support Recovery 1270 Certificates; signed by registered professional nurses 1392 Death certificates 2758 Paternity; admissibility of information on birth certificate on putative father registry; family violence defined 1266 VOCATIONAL EDUCATION Quick start training for industry; rules 2201
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State Board of Technical and Adult Education 2201 VOLUNTEERS Department of Natural Resources programs 2328 Georgia Firemen's Pension Fund; volunteer firemen; credit 2358 VOTER REGISTRARS Appointment in certain counties 2051 Appointment of municipal registrars as deputy registrars of certain counties 2048 Registrars in cities of certain counties to be appointed deputy county registrars 1231 VOTER REGISTRATION Postage on return cards for continuation in certain cities 1698 Registered voters of certain counties added to municipalities' voter registration list 1697 Voters registered in city within certain counties added to county registration list 2345 W WAGES Redefined for income taxation of nonresidents Vetoed HB 1377 WALESKA, CITY OF New charter 6774 WALKER COUNTY Lookout Mountain Judicial Circuit; district attorney; personnel; compensation; budget 6649 Magistrate court; law library fees 5862 Probate court; personnel 5401 Superior court; additional judge 328 Superior court; clerk; personnel 5403 Tax commissioner; personnel 5405 WALTER F. GEORGE TRIBUTE COMMISSION Creation 3064 WALTON COUNTY Board of commissioners; districts; elections; terms; residency 4984 Board of education; districts; terms; elections; compensation; referendum 5892
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WAREHOUSEMEN License fees; limit; warehouse receipts 2553 WARNER ROBINS, CITY OF Corporate limits 6883 Purchase or sale of property 7231 Purchases of goods or services 7234 WASTE MANAGEMENT Biomedical waste thermal treatment technology facilities; reports; certain information; Environmental Protection Division; site selection Vetoed HB 1169 Georgia Comprehensive Solid Waste Management Act amended 3259 Hazardous waste 2234 Refuse containers in certain counties 907 Sewage management systems; state-wide minimum standards; Department of Human Resources 3308 Solid waste; definitions; powers; Board of Natural Resources and director of Environmental Protection Division; recycling programs; fees 3276 State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts; additional member 2518 Toxic heavy metals in packaging; regulation; Board of Natural Resources 2968 WATER POLLUTION Marine toilets; restrictions Vetoed SB 618 WATER SYSTEMS Local government development impact fees; connection fees for water and sewer systems 905 WATERS OF THE STATE, PORTS, AND WATERCRAFT Boats; ad valorem taxes; taxable situs 2480 Certain vessels; regulation of use and operation 2075 Coastal Marshlands Protection Committee; Department of Natural Resources' powers; permits; leases; orders; exceptions; liability for violation 2294 Code revision 6 Fishing; defined; bow and arrow; streams and public fishing areas; licenses 1636 Georgia Boat Safety Act; hazardous areas; registration; late renewal penalty; boating safety zones; personal flotation devices 998 Georgia Ports Authority; membership, terms of office 1014 K. T. Kennedy Reef; designated 3124 Marine toilets; restrictions Vetoed SB 618 Possession limits for certain fish; requirements; transfers prohibited 1651
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Property acquired for lake purposes; disposal 1348 River basin management plans; development; submission; approval 1896 Structures on tidewaters; removal; procedures; hearings 2317 Vandiver Point; designated; Colonel's Island 1558 Vessel numbering; fees 470 WATER WELLS Spring water; labeling and sales 1016 WAYCROSS, CITY OF Municipal court; marijuana; first offender probation 6055 WEAPONS School; unlawful to possess at 1315 WEIGHTS AND MEASURES Fees 1278 WETHERINGTON, B. J. Claim to property in Lowndes County 2213 WETLANDS CONSERVATION STUDY COMMITTEE Continuation 3099 WHITE COUNTY Enotah Judicial Circuit; created 1786 WHITFIELD COUNTY District attorney; investigator's power of arrest 6352 Whitfield-Murray Historical Society; easement across state property 1591 WHITFIELD-MURRAY HISTORICAL SOCIETY Easement across state property 1591 WHOLESALERS Out-of-state principals; sales representatives; contracts; commission 1320 WIDTH LIMITATIONS Permits for loads exceeding maximum width; miscellaneous permits 2467
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WILCOX COUNTY Board of commissioners; districts 5735 Board of education; districts 5741 WILDLIFE See GAME AND FISH WILKINSON COUNTY Board of commissioners; districts 4811 Board of education; districts; terms 4804 Homestead exemption; school district taxes; referendum 6312 WILLIAM A. BENSON Easement across state owned property in Glynn County 3102 WILLIAM A. DAVIS Conveyance of state owned property in Gordon County 3056 WILLIAMSON, CITY OF New charter 5651 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Code revision 6 Incorporation of fiduciary powers by reference to Code Section 53-15-3; citation to repealed Code Section 53-15-3 deemed to be citation to Code Section 53-12-232 1053 Investments for executors and trustees; service providers not precluded; incorporation by reference 1438 Living wills; life-sustaining procedures; form; execution 1926 Trusts; administrator; expression of choice by trustee; trust created by will; administrator with will annexed 983 WITHHOLDING Income tax; exemption status 1296 WOMEN Georgia Commission on Women; creation; Commission on the Status of Women; abolished 820 WOODS, J. C. JAKE, AVENUE Designated 3083
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WOODSTOCK, CITY OF Corporate limits 5598 WORKERS' COMPENSATION Extensive revision of state workers' compensation law 1942 Health benefits pilot projects; approval 2424 Insurance policies; rates; adverse experience modification factors; businesses with common ownership 1286 Local governments; group self-insurance fund 2424 Rejected policies; vendors of logging services 1322 WORLD CONGRESS CENTER Alcoholic beverages; sale for consumption on premises 2097 WORTH COUNTY Board of commissioners; districts; residency 6263 Board of education; districts 5975 State court; judge; salary 6057 WRENS, CITY OF Councilmen; elections; terms 4520 WRIGHTSVILLE, CITY OF Easement across state property 1569 X Y YOUTH APPRENTICESHIP PROGRAM Education; established; Department of Education 2772 Z ZONING Certain counties authorized to create separate planning commissions for major communities 3017 Limitation on land annexed by municipalities in certain counties 2342 Planning and zoning; county to exercise powers within inactive municipality 2056 Review procedures applicable to certain counties 2202
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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.
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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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POPULATION OF GEORGIA CITIES NUMERICALLY LISTED ACCORDING TO 1990 CENSUS Asterisk denotes census revision City Population, 1990 Atlanta city 394,017 Columbus city 178,681 Savannah city 137,560 Macon city 106,612 Albany city 78,122 Roswell city 47,923 Athens city 45,734 Augusta city 44,639 Marietta city 44,129 Warner Robins city 44,001* Valdosta city 40,038* East Point city 34,402 Smyrna city 30,981 Rome city 30,326 La Grange city 25,597 Dalton city 21,761 Hinesville city 21,596* Griffin city 21,347 College Park city 20,457 Peachtree City city 19,027 Gainesville city 17,885 Milledgeville city 17,727 Thomasville city 17,457 Decatur city 17,336 Lawrenceville city 17,251* Forest Park city 16,958* Americus city 16,512 Brunswick city 16,433 Waycross city 16,410 Dublin city 16,312 Carrollton city 16,029 Statesboro city 15,854 Moultrie city 14,865 Tifton city 14,215 Alpharetta city 13,002 Newnan city 12,497 Snellville city 12,084 Cartersville city 12,035 Douglasville city 11,635 Vidalia city 11,078 Cordele city 10,836* Bainbridge city 10,712 Douglas city 10,464 Covington city 10,056* Monroe city 9,759 Perry city 9,452 Riverdale city 9,359 Lilburn city 9,301 Thomaston city 9,127 Cairo city 9,035 Duluth city 9,029 Jesup city 8,958 Kennesaw city 8,936 Buford city 8,771 Fitzgerald city 8,612 Union City city 8,375 Toccoa city 8,266 St. Mary city 8,204* Fort Valley city 8,198 Cedartown city 7,978 Chamblee city 7,668 Doraville city 7,626 Garden City city 7,410 Conyers city 7,380 Winder city 7,373 Swainsboro city 7,361 Calhoun city 7,135 Powder Springs city 6,893 Thomson city 6,862 Villa Rica city 6,542 Stone Mountain city 6,494 La Fayette city 6,313 Sandersville city 6,290 Norcross city 5,947 Fort Oglethorpe city 5,880 Fayetteville city 5,827 Sylvester city 5,702 Waynesboro city 5,701 Elberton city 5,682 Blakely city 5,595 Hapeville city 5,483 Kingsland city 5,474* Clarkston city 5,385 Dawson city 5,295 Quitman city 5,292 Morrow city 5,168 Eastman city 5,153 Adel city 5,093 Summerville city 5,025 Camilla city 5,008 Ashburn city 4,827 Canton city 4,817 Nashville city 4,782 Barnesville city 4,747 Eatonton city 4,737 Sugar Hill city 4,557 Hartwell city 4,555 Acworth city 4,519 Montezuma city 4,506 Lyons city 4,502 Cochran city 4,483* Pooler city 4,453 Woodstock city 4,361 Bremen city 4,356 Washington city 4,279 Forsyth city 4,268 Hazlehurst city 4,202 Austell city 4,173 Commerce city 4,108 Manchester city 4,104 Jackson city 4,076 Fairburn city 4,013 Port Wentworth city 4,012 Pelham city 3,869 Baxley city 3,841 Millen city 3,808 Cuthbert city 3,730 Metter city 3,707 Glennville city 3,676 Hawkinsville city 3,668* Alma city 3,663 Jonesboro city 3,635 Rossville city 3,601 Grovetown city 3,596 West Point city 3,571 Madison city 3,483 Stockbridge city 3,359 Rockmart city 3,356 Blackshear city 3,263 Centerville city 3,251 Cornelia city 3,219 Ocilla city 3,182 Loganville city 3,180 Auburn city 3,139 Dahlonega city 3,086 McRae city 3,007 Rincon city 2,993* Hogansville city 2,976 Richmond Hill city 2,934 McDonough city 2,929 Sylvania city 2,871 Chatsworth city 2,865 Greensboro city 2,860 Tybee Island city 2,842 Cumming city 2,828 Dallas city 2,810 Tallapoosa city 2,805 Soperton city 2,797 Thunderbolt town 2,786 Donalsonville city 2,781 Jefferson city 2,763 Social Circle city 2,755 Lake City city 2,733 Tyrone town 2,724 Vienna city 2,708 Hampton city 2,694 Palmetto city 2,612 Royston city 2,563 Homerville city 2,560 East Dublin town 2,524 Louisville city 2,486 Reidsville city 2,469 Gordon city 2,468 Lakeland city 2,467 Hephzibah city 2,466 Claxton city 2,464 Lithonia city 2,448 Wadley city 2,416 Wrens city 2,414 Suwanee city 2,412 Holly Springs city 2,406 Wrightsville city 2,331 Monticello city 2,289 Folkston city 2,285 Byron city 2,276 Bloomingdale city 2,271 Dacula city 2,217 Avondale Estates city 2,209 Harlem city 2,199 Gray city 2,189 Chickamauga city 2,167 Adairsville city 2,131 Warrenton city 2,056 Walthourville city 2,024 Trenton city 1,994 Colquitt city 1,991 Bowdon city 1,981 Oxford town 1,948 Mount Vernon city 1,914 Temple city 1,870 Lavonia city 1,840 Darien city 1,783 Jasper city 1,772 Union Point city 1,753 Ellaville city 1,724 Pearson city 1,714 Sparta city 1,710 Locust Grove city 1,681 Ringgold city 1,675 Richland city 1,675 Butler city 1,673 Trion town 1,661 Cleveland city 1,653 Lookout Mountain city 1,636 Unadilla city 1,620 Clayton city 1,613 Watkinsville town 1,600 Tennille city 1,552 Jeffersonville city 1,545 Arlington city 1,513 Rochelle city 1,510 Pembroke city 1,503 Lincolnton city 1,476 Buena Vista city 1,472 Twin City city 1,466 Oakwood town 1,464 Marshallville city 1,457 Leesburg city 1,452 Baldwin city 1,439 Lumber City city 1,429 Woodbury town 1,429 Springfield city 1,415 Boston city 1,395 Hiram city 1,389 Statham city 1,360 Hahira city 1,353 Blue Ridge city 1,336 Oglethorpe city 1,302 Ludowici city 1,291 Porterdale town 1,278 Helena town 1,256 Flowery Branch town 1,251 Lumpkin city 1,250 Fort Gaines city 1,248 Willacoochee town 1,230 Woodbine city 1,212 Broxton city 1,211 Sparks town 1,205 Emerson city 1,201 Ellijay city 1,184 Edison city 1,182 Grantville city 1,180 Greenville city 1,167 Reynolds town 1,166 Shellman city 1,162 Clarkesville city 1,151 Meigs city 1,120 Sardis town 1,116 Cusseta city 1,107 Demorest city 1,088 Comer 1,079* Chester town 1,072 McCaysville city 1,065 Milan town 1,056 Ivey town 1,053 Nahunta city 1,049 Talbotton city 1,046 Zebulon city 1,035 Bogart town 1,018 Lula city 1,018 Brooklet town 1,013 Buchanan city 1,009 Nicholls city 1,003 Homeland city 981 Tunnel Hill city 970 Poulan city 962 Senoia city 956 Cave Spring city 950 Doerun city 940* Roberta city 939 Georgetown town 913 Omega city 912 Abbeville city 907 Ball Ground city 905 Aragon city 902 Glenwood city 881 Franklin city 876 Winterville city 876 Pine Mountain town 875 Russell city 871 Midway city 863 Alamo city 855 Euharlee town 850 Screven city 819 Alapaha town 812 Pine Lake city 810 Smithville city 804 Berkeley Lake city 791 Bowman city 791 Hagan city 787 Mountain City town 784 Lenox town 783 Pavo city 774 Waverly Hall town 769 Lovejoy city 754 Riceboro city 745 Homer town 742 Luthersville town 741 Guyton city 740 Mount Zion city 738* Canon city 737 Maysville town 728 Plains city 716 Norman Park city 711 Tignall town 711 Newton city 703 Leary city 701 Franklin Springs city 700* Waleska city 700 Arcade city 697 Crawford city 694 Gibson city 679 Rutledge city 659 Fairmount city 657 Alto town 651 Whitesburg town 643 Hoschton city 642 Irwinton town 641 Patterson city 626 Baconton city 623 Midville city 620 Toomsboro town 617 Kingston city 616 Adrian city 615 Stillmore town 615 Enigma town 611 Coolidge city 610 Whigham city 605 Young Harris city 604 Ray City city 603 Flovilla city 602 Bibb City town 597 Allenhurst town 594 Pineview town 594 Ochlocknee town 588 Ailey city 579 Ty Ty town 579 Crawfordville city 577 Blairsville city 564 Uvalda town 561 Ideal city 554 Mountain Park city 554 McIntyre town 552 Woodland city 552 Dearing town 547 Hiawassee town 547 Mount Airy town 543 White town 542 Menlo city 538 Morven city 536 Nicholson city 535 Cohutta town 529 Grayson city 529 Collins city 528 Portal town 522 Carnesville city 514 Bronwood town 513 Iron City town 503 Warwick city 501 Lake Park city 500 Lyerly town 493 Nelson city 486 Berlin town 480 Danville town 480 Dexter town 475 Dawsonville town 467 Rhine town 466 Remerton city 463 Waco city 461 Cadwell town 458 Walnut Grove town 458 Hamilton city 454 Byromville town 452 Leslie village 445 Colbert city 443 Hoboken city 440 Molena city 439 Arabi town 433 Dudley city 430 Braselton town 418 Sycamore city 417 Woodville city 415 Harrison town 414 Resaca city 410 Yatesville town 409 Davisboro city 407 Warm Springs city 407 Newborn town 404 Clermont town 402 Hilltonia city 402 Odum town 388 Pinehurst city 388 Preston city 388 Barwick town 385 Attapulgus town 380 Cecil town 376 Moreland town 366 Rentz town 364 Varnell city 358 Bethlehem town 348 East Ellijay city 344* Linwood town 342 Mansfield town 341 Cobbtown city 338 Denton city 335 Sasser town 335 Stapleton city 330 Shiloh city 329 Siloam town 329 Brooks town 328 Ephesus town 324 Sale City town 324 Milner city 321 Newington town 319 Danielsville city 318 Eton city 315 Chauncey town 312 Bowersville town 311 Bostwick town 307 Centralhatchee town 301 Tiger town 301 Blythe town 300 Helen city 300 Pendergrass city 298 Ila city 297 Kite town 297 Morganton town 295 Williamson town 295 Bartow town 292 Gumbranch city 291 Damascus town 290 Climax city 290* Ambrose city 288 White Plains town 286 Keysville town 284 Carlton city 282 Flemington city 279 Andersonville village 277 Arnoldsville city 275 Higgston town 274 Allentown town 273 Oak Park town 269 Taylorsville town 269 North High Shoals town 268 Lexington city 265* Pulaski town 264 Carl town 263 De Soto village 258 Garfield town 255 Surrency town 253 Morgan city 252 Meansville city 250 Funston city 248 Roopville town 248 Braswell city 247 Scotland city 244 Martin town 243 Culloden city 242 Oliver city 242 Orchard Hill town 239 Brinson town 238 Norwood town 238 Oconee town 234 Plainville city 231 Ellenton town 227 Sharpsburg town 224 Camak town 220 Avera city 215 Sunny Side city 215 Pitts city 214 Jenkinsburg town 213 Concord town 211 sumner town 209 Argyle town 206 Dillard town 199 Rocky Ford town 197 Girard town 195 Register town 195 Lilly town 195* Bellville city 192 Payne city 192 Talmo town 189 Turin town 189 Sky Valley city 187 Geneva town 182 Junction City town 182 Good Hope town 181 Mitchell town 181 Maxeys town 180 Shady Dale town 180 Du Pont town 177 Buckhead town 176 Rest Haven town 176 Lone Oak town 161 Alston town 160 Avalon town 159 Bishop town 158 Hull city 156 Santa Claus city 154 Mineral Bluff town 153 Ranger town 153 Summertown town 153 Jersey town 149 Rebecca town 148 Tallulah Falls town 147 Parrott town 140 Haralson town 139 Bluffton town 138 Daisy city 138 Dooling town 138* Coleman city 137 Jakin town 137 Corinth town 136 Nunez town 135 Gay town 133 Tarrytown village 130 Jacksonville town 128 Aldora town 127 Manassas city 123 Woolsey town 120 Montrose town 117 Omaha city 116 Gillsville town 113 Deepstep town 111 Naylor town 111 Rayle town 107 Sharon city 94 The Rock town 88 Between town 82 Riddleville town 79 Riverside town 74 Vernonburg town 74 Weston town 74* Talking Rock town 62 Vidette, city 50* Edge Hill city 22
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JUDICIAL CIRCUITS Atlanta Judicial Circuit County of Fulton 648,951 Stone Mountain Judicial Circuit County of DeKalb 545,837 Cobb Judicial Circuit County of Cobb 447,745 Gwinnett Judicial Circuit County of Gwinnett 352,910 Augusta Judicial Circuit Counties of Burke, Columbia, and Richmond 276,329 Chattahoochee Judicial Circuit Counties of Chattahoochee, Harris, Marion, Muscogee, Talbot, and Taylor 233,756 Eastern Judicial Circuit County of Chatham 216,935 Coweta Judicial Circuit Counties of Carroll, Coweta, Heard, Meriwether, and Troup 211,850 Clayton Judicial Circuit County of Clayton 182,052 Macon Judicial Circuit Counties of Bibb, Crawford, and Peach 180,147 Southern Judicial Circuit Counties of Brooks, Colquitt, Echols, Lowndes, and Thomas 169,344 Griffin Judicial Circuit Counties of Spalding, Pike, Upson, and Fayette 153,396 Brunswick Judicial Circuit Counties of Appling, Camden, Glynn, Wayne, and Jeff Davis 142,795 Lookout Mountain Judicial Circuit Counties of Catoosa, Dade, Chattooga, and Walker 136,193 Blue Ridge Judicial Circuit Counties of Cherokee and Forsyth 134,287 Northeastern Judicial Circuit Counties of Hall, Dawson, Lumpkin, and White 132,436 Ocmulgee Judicial Circuit Counties of Baldwin, Greene, Jasper, Jones, Morgan, Putnam, Wilkinson, and Hancock 126,671 Atlantic Judicial Circuit Counties of Bryan, Liberty, McIntosh, Tattnall, Evans, and Long 109,465 Waycross Judicial Circuit Counties of Pierce, Coffee, Charlton, Ware, Bacon, and Brantley 107,530 Western Judicial Circuit Counties of Clarke and Oconee 105,212 Flint Judicial Circuit Counties of Butts, Henry, Monroe, and Lamar 104,218 Conasauga Judicial Circuit Counties of Murray and Whitfield 98,609 Tallapoosa Judicial Circuit Counties of Haralson, Polk, and Paulding 97,932 Dougherty Judicial Circuit County of Dougherty 96,311 Cherokee Judicial Circuit Counties of Bartow and Gordon 90,983 Ogeechee Judicial Circuit Counties of Bulloch, Effingham, Jenkins, and Screven 90,901 Houston Judicial Circuit County of Houston 89,208 Middle Judicial Circuit Counties of Emanuel, Jefferson, Washington, Toombs, and Candler 88,882 Northern Judicial Circuit Counties of Elbert, Hart, Madison, Oglethorpe, and Franklin 86,124 Mountain Judicial Circuit Counties of Habersham, Rabun, Stephens, Towns, and Union 81,273 Rome Judicial Circuit County of Floyd 81,251 Alcovy Judicial Circuit Counties of Newton and Walton 80,394 South Georgia Judicial Circuit Counties of Baker, Calhoun, Decatur, Grady, and Mitchell 74,693 Tifton Judicial Circuit Counties of Tift, Irwin, Worth, and Turner 72,095 Douglas Judicial Circuit County of Douglas 71,120 Southwestern Judicial Circuit Counties of Lee, Macon, Schley, Stewart, Sumter, and Webster 71,097 Piedmont Judicial Circuit Counties of Barrow, Jackson, and Banks 70,034 Dublin Judicial Circuit Counties of Laurens, Johnson, Twiggs, and Treutlen 64,117 Oconee Judicial Circuit Counties of Dodge, Montgomery, Pulaski, Telfair, Bleckley, and Wheeler 59,211 Rockdale Judicial Circuit County of Rockdale 54,091 Cordele Judicial Circuit Counties of Dooly, Wilcox, Crisp, and Ben Hill 53,165 Pataula Judicial Circuit Counties of Clay, Early, Miller, Quitman, Randolph, Terrell, and Seminole 51,393 Toombs Judicial Circuit Counties of Glascock, Lincoln, McDuffie, Taliaferro, Warren, and Wilkes 48,508 Alapaha Judicial Circuit Counties of Atkinson, Berrien, Clinch, Cook and Lanier 45,513 Appalachian Judicial Circuit Counties of Fannin, Gilmer, and Pickens 43,792
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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 1992 REGULAR SESSION District Representative 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 26 Robert Brown Post Office Box 5742 Macon 31208 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 Overlake 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 Post Office Box 1608 Newnan 30264 40 Michael J. Egan Room 304B Legislative Office Building 18 Capitol Square 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 Route One, Box 101 Culloden 31016 51 William G. Hasty, Jr. 201 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 18 Sonny Perdue Post Office Box 98 Bonaire 31005 7 Ed Perry Post Office Box 925 Nashville 31639 9 R. T. Phillips 303A 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 751 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 1236 Wildcliff 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
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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE 1992 REGULAR SESSION 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, Jr. 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 303A 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 751 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 Robert Brown Post Office Box 5742 Macon 31208 27 W. F. Harris Route One, Box 101 Culloden 31016 28 Arthur B. Edge IV Post Office Box 1608 Newnan 30264 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 18 Capitol Square Atlanta 30334 41 James W. Tysinger 3781 Watkins Place, N.E. Atlanta 30319 42 Cathy Steinberg 1236 Wildcliff 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. 201 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
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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
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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE 1992 REGULAR SESSION District Representative Address 39 Ralph David Abernathy III Suite 511 Legislative Office Building 18 Capitol Square Atlanta 30334 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 25 Kathy Ashe 82 Westminster Drive, N.E. Atlanta 30309 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 31401-4411 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, Suite 100 Buford 30518 34 Tyrone Brooks Station A 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 1262 Trahlyta Terrace Lake City 30260 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 20-Post 3 Tom Cauthorn Suite 1500, 100 Galleria Parkway Atlanta 30339 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 1379 Peppergrass Court 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 77 Dock H. Davis Post Office Box 728 Franklin 30217 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. Elliot 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 31908-8664 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 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 Kingston 29 Island Drive Savannah 31406 21-Post 4 Kip Klein 288 Lawrence Street Marietta 30060 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 6-Post 2 Harold Mann Post Office Box 1927 Dalton 30722 26 Jim Martin 44 Broad Street, Suite 500 Atlanta 30303 68 Mary Louise McBee 145 Pine Valley Place Athens 30606 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 Mueller 13013 Hermitage Road Savannah 31419 18 Thomas B. Murphy Post Office Drawer 1140 Bremen 30110 121 Clinton Oliver Post Office Box 237 Glennville 30427 53 Mary Margaret Oliver Suite 480 150 East Ponce de Leon Avenue Decatur 30030 9-Post 1 Wyc Orr, Sr. Post Office Box 2944 Gainesville 30503 30 Nan 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 988 106 Nance Lane 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 36 Ralph Presley 2303 Parkview Circle College Park 30337 129 Ann R. Purcell Post Office Box 1295 Rincon 31326-1295 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 Box 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 139 Van Streat, Sr. Post Office Box 95 Nicholls 31554 94 Maretta M. Taylor 1203 Bunker Hill Road Columbus 31907 46 Doug Teper 1396 Sylvan Circle, N.E. 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 County 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 660 Northern Avenue 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 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 30919-1993 14 Charles Yeargin 305 Heard Street Elberton 30635 134 Mary Young-Cummings 307 Whitney Avenue Albany 31701
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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES BY DISTRICTS AND ADDRESSES FOR THE 1992 REGULAR SESSION 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 988 106 Nance Lane 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 248 Hartwell 30643 14 Charles Yeargin 305 Heard Street 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 Tammerone Drive Marietta 30064 20-Post 2 Debra Mills Post Office Box 243 Powder Springs 30073 20-Post 3 Tom Cauthorn Suite 1500 100 Galleria Parkway Atlanta 30339 20-Post 4 Eugene T. Clark 1379 Peppergrass Court Acworth 30101 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 288 Lawrence Street Marietta 30060 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 Kathy Ashe 82 Westminster Drive, N.E. Atlanta 30309 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 Nan 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 Station A Post Office Box 11185 Atlanta 30310-0185 35 J. E. McKinney 765 Shorter Terrace, N.W. Atlanta 30318 36 Ralph Presley 2303 Parkview Circle College Park 30337 37 Georganna Sinkfield 179 Tonawanda Drive, S.E. Atlanta 30315 38 Henrietta M. Canty 487 Lynn Valley Rd., S.W. Atlanta 30311 39 Ralph David Abernathy III Suite 511 Legislative Office Building 18 Capitol Square Atlanta 30334 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, N.E. 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 660 Northern Avenue Clarkston 30021 53 Mary Margaret Oliver Suite 480 150 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, Suite 100 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 Box 1148 Athens 30603 68 Mary Louise McBee 145 Pine Valley Place Athens 30606 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 1262 Trahlyta Terrace Lake City 30260 73 Wesley Dunn Post Office Box 353 McDonough 30253 74 Denny Michael Dobbs Post Office Box 3020 Covington 30209 75 Crisp B. Flynt Post Office Drawer A Griffin 30224 76 Suzi Herbert 110 Partridge Path Griffin 30223 77 Dock H. Davis Post Office Box 728 Franklin 30217 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 30919-1993 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 1203 Bunker Hill Road Columbus 31907 95 Thomas B. Buck III Post Office Box 196 Columbus 31902 96 Jed Harris Post Office Box 8664 Columbus 31908-8664 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. Elliot 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 31401-4411 123 John Merritt 3206 College Street Thunderbolt 31404 124 DeWayne Hamilton Post Office Box 14562 Savannah 31406 125 Jack H. Kingston 29 Island Drive Savannah 31406 126 Anne Mueller 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 Post Office Box 1295 Rincon 31326-1295 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 Post Office Box 1988 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 Box 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 1991 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 2 36 1985 25 0 5 20 1986 66 0 8 58 1987 43 1 42 1988 71 1 9 61 1989 20 5 15 1989 Ex. Sess. 1 1 1990 68 5 63 1991 33 14 19 1991 Ex. Sess. 5 2 3 TOTALS 1313 43 99 1171
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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; Agn57 [UNK] Area vote: Area 2-Colonial Heights Area: For145; Agn83 Area 3-Crestwood Gardens Area: For27; Agn87 Area 4-East Moultrie Area: For41; Agn147 Area 5-Tifton Highway Area: For29; Agn107 Area 6-Sylvester Drive Area: For78; Agn144 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 of Acworth 5-4-57 For73 Agn181 Coffee 2833 City of Douglas 5-29-57 For485 Agn99 Colquitt 2205 City of Moultrie 3-11-57 For25 Agn53 Cook 3253 County Commissioners 5-8-57 For227 Agn364 Dougherty 2595 City of Albany 5-20-57 For325 Agn720 Douglas 2358 City of Douglasville 5-3-57 City vote : For50; Agn53 Affected area : For2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote : For: Area 1 and 2 Outside city vote : For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For27 Agn4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4-6-57 For784 Agn924 Miller 2194 County Commissioners 4-2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote : For78; Agn12 Outside city vote : For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For75 Agn10 Polk 2185 City of Cedartown 5-8-57 For656 Agn934 Pulaski 3353 City of Hawkinsville 4-30-57 For115 Agn266 Spalding 2809 City of Griffin 4-30-57 For552 Agn317 Twiggs 3002 County Commissioners 5-22-57 For156 Agn174 Walker 2419 Town of Linwood 4-27-57 For71 Agn29 Wilkinson 2383 Town of McIntyre 5-25-57 For49 Agn18 Georgia Laws, 1958 : County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-58 For206 Agn197 Baldwin 3302 County Commissioner 11-4-58 For932 Agn717 Barrow 2338 City of Winder 6-4-58 For131 Agn229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County Officerscompensation 9-10-58 For3462 Agn1356 Brooks 2859 City of Quitman 5-27-58 For173 Agn74 Chatham 2617 Town of Thunderbolt 1-20-59 For291 Agn115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Sheriffcompensation 11-4-58 For55 Agn30 Cherokee 2437 City of Canton 5-7-58 For119 Agn483 Cherokee 2661 City of Canton 5-7-58 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 Agn0 Clayton Fulton 2854 City of College Park 5-14-58 For0 Agn0 Clayton Fulton 3212 City of East Point 7-16-58 For63 Agn28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For53; Agn1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote : For41; Agn1 Affected area : For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For571 Agn2997 Early 2829 City of Blakely 8-12-58 For59 Agn96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1-City vote : For227; Agn15 Outside city : For143; Agn54 Parcel #2-City vote : For229; Agn15 Outside city : For39; Agn40 Parcel #3-City vote : For230; Agn14 Outside city : For24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For162 Agn282 Franklin 2644 City of Carnesville 4-22-58 For33 Agn21 Gordon 2131 City of Calhoun 3-26-58 City vote : For234; Agn75 County vote : For203; Agn256 Hall 2279 City of Gainesville 4-1-58 For925 Agn169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For346 Agn206 Henry 3132 City of Stockbridge 4-30-58 City vote : For61; Agn75 Outside City : For16; Agn116 Henry 3198 City of Hampton 4-30-58 City vote : For92; Agn3 Outside City : For37; Agn9 Henry 3367 City of McDonough Election Results Not Known Jasper 2921 City of Monticello 6-3-58 City vote : For147; Agn107 Outside City : For15; Agn50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn901 Lowndes 2624 City of Valdosta 4-14-58 For907 Agn243 Newton 2269 City of Covington 7-9-58 For151 Agn460 Polk 2468 Town of Van Wert 9-10-58 For7 Agn57 Pulaski 2826 Tax Commissioner 11-4-58 For222 Agn235 Putnam 2980 City of Eatonton 6-11-58 For42 Agn257 Tift 2696 City of Tifton (2 elections held) 4-30-58 City vote : For669; Agn43 Outside City : For333; Agn286 Tift 2930 City of Tifton 5-7-58 Election Results Not Known Ware 2763 City of Manor 5-17-58 For19 Agn100 Wilkes 2091 County Commissioners 11-4-58 For749 Agn98 White 3224 County Commissioners Not held Georgia Laws, 1959 : County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For79 Agn154 Bartow 2793 City of Cartersville 4-29-59 For3 Agn21 Bartow 2797 City of Adairsville 5-12-59 For77 Agn120 Bartow 2907 City of White(Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2 : For7; Agn36 City Election : For27; Agn45 Bartow 2920 City of Kingston 5-16-59 For49 Agn2 Catoosa 2161 County Commissioners 3-28-59 For718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For160 Agn462 Cherokee 2494 Certain County Officerscompensation 4-4-59 For1522 Agn509 Clayton Fulton 2499 City of College Park 5-18-59 For14 Agn38 Clayton Fulton 2508 City of College Park 5-18-59 For0 Agn0 Clayton Fulton 2516 City of College Park 5-18-59 For5 Agn0 Clayton Fulton 2521 City of College Park 5-18-59 For3 Agn0 Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For7 Agn8 Cobb Douglas 3142 City of AustellParcel #3 8-4-59 For2 Agn11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For5 Agn49 Cobb Douglas 3142 City of AustellParcel #4 8-11-59 For14 Agn15 Colquitt 2396 City of Norman Park 5-25-59 For50 Agn81 Dougherty 2091 County Commissioners 4-12-60 For755 Agn417 Dougherty 3064 City of Albany 6-8-59 For1413 Agn710 Douglas 2871 City of Lithia Springs 4-8-59 For241 Agn569 Elbert 2627 County Commissioners 4-8-59 For804 Agn436 Elbert 2621 Tax Commissioner 4-8-59 For1041 Agn203 Elbert 2624 Certain County Officerscompensation 4-8-59 For1014 Agn228 Emanuel 2592 City of Twin City 5-4-59 For200 Agn162 Gwinnett 3161 City of Dacula 5-9-59 For82 Agn45 Habersham 2178 City of Cornelia 4-13-59 For102 Agn91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For502 Agn75 Meriwether Talbot 2534 City of Manchester 4-1-59 For109 Agn30 Newton 2780 City of Oxford 5-1-59 For30 Agn36 Polk 2171 City of Cedartown 5-19-59 City vote : For387; Agn75 County vote : For86; Agn291 Polk 2732 Certain County Officerscompensation 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510 Agn827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For810 Agn1629 Georgia Laws, 1960 : County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn767 Berrien 3301 City of Nashville 11-8-60 For466 Agn418 Bibb 3223 Macon-Bibb County 6-1-60 City vote : For4598; Agn4288 Outside City vote : For1902; Agn7368 Payne City vote : For37; Agn55 Chatham 2273 Town of Thunderbolt 1-17-61 For151 Agn283 Chattooga 2715 Town of Trion 5-5-60 For53 Agn25 Clarke 2234 City of Athens 4-13-60 For276 Agn522 Cobb 2127 City of Smyrna Election Results Not Known Coweta 3020 City of Newnan 4-30-60 For320 Agn146 Douglas Cobb 2118 City of Austell 3-26-60 For27 Agn38 Dodge 2608 Town of Rhine 4-27-60 For146 Agn4 DeKalb 3158 City of Decatur Election Results Not Known Emanuel 2360 County Commissioners 11-8-60 For877 Agn2080 Evans 2251 City of Claxton 5-5-60 Proposed Area : For32; Agn62 Within City vote : For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3-9-60 For2296 Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 For6 Agn0 Fulton Clayton 2854 City of College Park 5-16-60 For21 Agn15 Greene 3089 Tax Commissioner 4-28-60 For801 Agn823 Greene 3093 Certain County Officerscompensation 4-28-60 For822 Agn835 Henry 3297 City of McDonough 5-18-60 Inside City vote : For61; Agn35 Outside City vote : For41; Agn83 Houston 2605 Tax Commissioner 11-8-60 For4059 Agn959 Jefferson 2913 Town of Avera Election Results Not Known Lamar 2294 Certain County Officerscompensation 5-11-60 For131 Agn193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn573 Lowndes 3125 City of Valdosta 4-15-60 For87 Agn656 McIntosh 2888 Clerk Superior Court Election Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla 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 Agn44 Bartow 3382 City of Cartersville 6-10-61 For29 Agn20 Bartow 3469 City of Cartersville 6-10-61 For205 Agn159 Bibb 2441 City of Macon 5-24-61 City vote : For1560; Agn445 Outside City vote : For12,269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For267 Agn764 Chatham 2969 City of Savannah 5-10-61 City of Savannah : For9176; Agn1679 Zone No. 1 : For886; Agn759 Zone No. 2 : For123; Agn227 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 Agn: 174 Ward 1 For: 22 Agn: 36 Ward 2 For: 0 Agn: 17 Ward 3 For: 0 Agn: 0 Ward 4 For: 6 Agn: 69 Ward 5 For: 0 Agn: 1 Sumter 3251 City of Americus 5-9-61 For331 Agn954 Troup 2650 City of West Point 4-26-61 For143 Agn224
Page CCXCIII
Georgia Laws, 1962 : County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4-4-62 For153 Agn119 Chatham 2707 Town of Pooler 4-26-62 For110 Agn114 Clarke 2677 City of Athens 5-23-62 For643 Agn521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5-5-62 For32 Agn37 Clayton Fulton 2599 City of College Park 6-1-62 For214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For4 Agn160 Columbia 2713 City of Martinez 9-12-62 For85 Agn573 Emanuel 2359 Board of County Commissioners 11-6-62 For450 Agn484 Fulton 2473 City of East Point 5-9-62 For1 Agn3 Fulton 2854 City of East Point 5-9-62 For1 Agn6 Fulton 2861 City of East Point 5-9-62 For6 Agn31 Fulton 3130 City of East Point 5-9-62 For25 Agn22 Gwinnett 2364 Pinball machines 11-6-62 For1737 Agn638 Henry 2403 Town of Locust Grove 4-25-62 For20 Agn27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12-5-62 Inside City : For385; Agn108 Outside City : For58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For29 Agn4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For234 Agn66 Meriwether 2396 City of Manchester 3-28-62 For251 Agn47 Meriwether 2422 City of Manchester 3-28-62 For224 Agn67 Meriwether 2603 City of Manchester 3-28-62 For231 Agn76 Meriwether 2613 City of Manchester 3-28-62 For227 Agn57 Mitchell 2158 City of Camilla 4-24-62 For15 Agn0 Murray 2576 City of Chatsworth 6-23-62 For143 Agn183 Muscogee 2164 Columbus-Muscogee Board of Commissioners 4-11-62 Muscogee County : For6612; Agn9103 City of Columbus : For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For550 Agn167 Oglethorpe 3202 City Court of Lexington 11-6-62 For392 Agn180 Putnam 2440 Certain County Officerscompensation 11-6-62 For626 Agn129 Putnam 3048 Tax Commissioner 11-6-62 For548 Agn184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Election Results Not Known Upson 2074 City of Thomaston 4-3-62 For577 Agn543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11-6-62 For281 Agn313 Washington 3038 City of Tennille 5-2-62 In proposed area : For13; Agn44 In City Tennille : For139; Agn58 Wayne 3110 Board of County Commissioners 11-6-62 For664 Agn449 Wilkinson 2847 Town of McIntyre 4-7-62 For70 Agn21
Page CCXCVI
Georgia Laws, 1963 : County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For581 Agn343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For142 Agn346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For714 Agn1172 Berrien 2627 Town of Enigma 6-4-63 For15 Agn0 Bleckley 2382 Tax Commissioner 6-5-63 For209 Agn436 Cherokee 2016 City of Canton 5-1-63 For45 Agn29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1-8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Election Results Not Known DeKalb 3457 City of North Atlanta 7-11-63 For(1)508 For(2)55 For(3)842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City : For243; Agn44 Outside City : For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10-1-63 For798 Agn570 Hall 3552 Board of County Commissioners 9-3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1669 For Sec. 2624 Houston 3330 City of Warner Robins 5-7-63 For1127 Agn776 Irwin 2602 Tax Commissioner 5-28-63 For91 Agn279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6-5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For333 Agn669 Pulaski 3436 Tax Commissioner 6-18-63 For354 Agn321 Screven 2835 City of Sylvania 6-4-63 For160 Agn79 Talbot 2185 Board of County Commissioners 5-22-63 For239 Agn295 Telfair 2482 City of McRae 5-1-63 For130 Agn3 Thomas 3402 City of Boston 5-20-63 For45 Agn126 Thomas 3405 City of Boston 5-20-63 For52 Agn127 Turner 2471 County Commissioner 4-24-63 For249 Agn603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn130
Page CCXCIX
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 CCCII
Georgia Laws 1964, Extra Session : County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For464 Agn529 Barrow 2347 City of Winder 9-9-64 For507 Agn372 Cobb 2075 Board of County Commissioners 7-8-64 For7297 Agn2791 Cobb 2179 City of Elizabeth Election Results Not Known Dooly 2052 City of Byromville Not held Fulton 2342 City of Alpharetta 8-22-64 For57 Agn104 Troup 2256 City of Hogansville 9-2-64 For200 Agn410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12-2-64 For216 Agn32
Page CCCIII
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 CCCV
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 CCCVII
Georgia Laws, 1967 : County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For333 Agn219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For185 Agn93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For179 Agn507 Bulloch 3483 City of Statesboro 7-28-67 For490 Agn111 Bulloch 2997 Town of Brooklet 9-1-67 For33 Agn3 Catoosa 2207 Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 County Board of Education 4-15-67 For1426 Agn2993 Chattahoochee 2530 County Board of Education Not held Clarke 2929 County Board of Education 6-7-67 For663 Agn570 Clarke 3215 City of Athens Not held Cook 2507 County Board of Education 8-16-67 For584 Agn135 Crisp 2691 County Board of Education 9-14-67 For266 Agn32 Dooly 2467 City of Vienna 6-20-67 For12 Agn9 Dooly 2922 County Board of Education 6-20-67 For807 Agn173 Echols 3491 City of Statenville 5-15-67 For62 Agn106 Floyd 2163 City of Rome 4-26-67 For333 Agn794 Gordon 2898 Fire Protection Services 6-21-67 For286 Agn111 Henry 2595 City of Stockbridge 5-13-67 Inside City For101 Agn87 Outside City For43 Agn475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn680 Houston 3241 County School Superintendent 11-7-67 For1001 Agn2317 Houston 3244 County Board of Education 11-7-67 For2559 Agn757 Lowndes 2118 Town of Dasher 4-11-67 For59 Agn5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn539 Meriwether 2011 City of Greenville 4-3-67 For41 Agn0 Murray 2458 City of Chatsworth 5-31-67 For154 Agn19 Newton 2405 County Board of Education 5-3-67 For1258 Agn598 Newton 2784 Board of County Commissioners 5-3-67 For1301 Agn540 Pike 2448 Tax Commissioner 9-6-67 For454 Agn52 Pike 3152 County Board of Education 9-6-67 For441 Agn65 Polk 2718 County Board of Education 11-5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11-7-67 Pulaski County For249 Agn482 City of Hawkinsville For466 Agn236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition # 1 For1109 Proposition # 2 For782 Stephens 3005 County Board of Education 5-2-67 For709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 For1097 Agn88 Thomas 2115 City of Thomasville 3-28-67 For841 Agn398 Turner 2694 City of Sycamore 5-26-67 For162 Agn51 Union 3064 Sheriffcompensation 6-28-67 For235 Agn790 Whitfield 2277 City of Dalton 4-19-67 For516 Agn607
Page CCCX
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 CCCXIV
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 CCCXVIII
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 Michell 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 CCCXXI
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
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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
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Georgia Laws, 1972 : County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8-8-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 9,581 12,104 For1,309 Agn708 Baldwin 3325 County Board of Education 11-7-72 * For2,708 Agn2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For3 Agn10 Sec. 2, Area 2 For13 Agn65 Sec. 3, Area 3 For1 Agn50 Sec. 4, Area 4 For30 Agn78 Sect. 5, Area 6 For35 Agn155 Sec. 6, Area 7 For16 Agn20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * * 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 City of Macon * Bibb County Brantley 3141 Board of County Commissioners 8-8-72 * For1,387 Agn921 Brantley 3144 Salary increase for county officers 8-8-72 * For940 Agn1,377 Brantley 3145 Salary of deputy sheriffs 8-8-72 * For1,262 Agn1,059 Brantley 3147 Certain county officers compensation 8-8-72 * For1,220 Agn983 Brantley 3148 Clerk Superior Court Salary 8-8-72 * For841 Agn1,396 Brantley 3710 City of Nahunta 12-5-73 Election Results Not Known Camden 3138 Certain county officers salary 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 * * Ga. L. 1973, p. 2268 changed date of election. 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.
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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 of 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
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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 (3 elections held on same date) City Vote Yes: 4833 No: 2928 County Vote Yes: 5801 No: 7106 2. Election of Sheriff for Richmond Cty. Yes: 11,431 3. Election of Board of Public Safety of Richmond County Yes: 6,575 Stephens 2037 Choice of 5 types of government for the County 4-9-74 Ques. 1 122 votes Ques. 2 396 votes ** ** Effective Question is No. 2. Ques. 3 108 votes Ques. 4 98 votes Ques. 5 248 votes Troup 2203 City of Hogansville 6-5-74 Inside City Yes: 57 No: 33 Outside City : Yes: 13 No: 43 Upson 2023 County Board of Education created 4-9-74 Yes: 594 No: 111 Wilkes 3510 Appoint county school superintendent 11-5-74 # Yes: 739 No: 1274 All counties 186 The Common Day of Rest Act 11-5-74 # Yes: 434,559 No: 363,947 ***Common Day of Rest Act results tabulated infra.
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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.
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Georgia Laws, 1975 : County Page No. SUBJECT Date of Election Result Appling 3678 City of Baxleycorporate limits 6-26-75 For: 549 Agn: 603 Baker 2659 Abolish office of Treasurer 6-17-75 For: 352 Agn: 395 Baker 2662 Create office of Tax Commissioner 6-17-75 For: 338 Agn: 392 Berrien 2525 Appoint County School Superintendent 4-15-75 For: 124 Agn: 1,295 Berrien 3388 Appoint County School Superintendent Not Held Duplicate of Act Above Bibb 3349 Board of Water Commissioners 11-4-75 For: 10,601 Agn: 4,955 Brantley 3937 County Board of Education 8-12-75 Proposition No. 1 402 Proposition No. 2 713 Proposition No. 3 240 Bryan 3024 Election of Chairman Vice-Chairman of the Board of County Commissioners 8-26-75 For: 385 Agn: 115 Charlton 4015 County Board of Education 6-24-75 For: 776 Agn: 206 Chatham 3962 County Board of Education 5-4-76 * * Date of Presidential Preference Primary 5-4-76. Yes: 3,870 No: 10,942 Clarke 2779 City of Athensgovernment functions 5-21-75 For: 858 Agn: 989 Decatur 4087 Hospital Authority 8-10-76 # # Date of General Primary 8-10-76. Yes: 2,155 No: 527 DeKalb 2752 County Board of Education Districts-terms 5-4-76 * For: 29,643 Agn: 41,355 Dodge 3031 County Board of Education elected 11-4-75 For: 1,206 Agn: 367 Douglas 2506 County Commissionersincrease membership 5-14-75 For: 642 Agn: 739 Gordon 2719 Create Board of Commissioners for County 7-8-75 For: 1,500 Agn: 972 Greene 4270 County Board of Education 5-4-76 * Yes: 748 No: 926 Hall 3574 Board of County Commissioners 8-10-76 # Yes: 8,951 No: 3,890 ** ** This Act ruled invalid by U.S. Justice Department on August 18, 1975. Harris 2960 County Board of Education Superintendent 7-8-75 For: 511 Agn: 147 Harris 4369 City of Shilohcharter amended Status Unknown Heard 4433 Board of County Commissioners 7-9-75 For: 520 Agn: 469 Henry 4133 City of Stockbridgecharter amendment 7-26-75 For: 113 Agn: 128 Newton 3577 County Board of Education 9-10-75 For: 1,353 Agn: 1,582 Paulding 2916 County Board of Commissioners created 8-26-75 For: 1,765 Agn: 949 Spalding 2771 Town of Orchard Hill 5-27-75 Inside Town For: 17 Agn: 5 Outside Town For: 20 Agn: 31 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 CCCXL
Georgia Laws, 1976 : County Page No. SUBJECT Date of Election Result Bacon 2713 Co. Brd. of Education and Co. School Superintendent 5-4-76 * * Date of Presidential Preference Primary Election (May 4, 1976). Proposal No. 1 389 Proposal No. 2 131 Proposal No. 3 568 Baldwin 3278 City of Milledgevillecharter amendment 5-4-76 * Yes: 772 No: 583 Baldwin 3282 City of Milledgevillecharter amendment #1 5-4-76 * Yes: 718 No: 609 City of Milledgevillecharter amendment #2 Yes: 289 No: 1,045 Bartow 4090 City of Euharleecharter amendment 5-15-76 Yes: 34 No: 8 Bibb 3818 Macon-Bibb Co. consolidated government 5-4-76 * City Vote Yes: 8,149 No: 11,522 County vote Yes: 8,825 No: 16,209 Bryan 3288 City of Richmond Hillcharter amendment 6-29-76 Yes: 199 No: 8 Camden 2831 Tax Commissionersalary 11-2-76 ** ** Date of November 2, 1976 General Election. Not Held Carroll 4479 Co. Brd. of Education and Co. School Superintendent 11-2-76 ** Yes: 3,105 No: 3,868 Chattooga 2694 Board of Co. Commissioners created 5-4-76 * Yes: 970 No: 2,297 Clayton 3974 City of Mountain Viewabolish charter Not Held Cobb 3656 City of Powder Springsabolish charter 9-11-76 Yes: 331 No: 455 DeKalb 2809 Intoxicating beverages sold on Sunday 5-4-76 * For: 52,761 Agn: 30,442 Fayette 3398 Brd. Co. Commissionersincrease membership 5-4-76 * Yes: 1,984 No: 1,512 Glynn 4027 Co. Brd. of Educationnew districts, election 5-4-76 * Yes: 3,752 No: 4,746 Grady 3162 Co. Brd. of Educationcompensation members 5-4-76 * Yes: 444 No: 1,259 Habersham 2798 Co. Brd. of Educationcreated 5-4-76 * Yes: 2,244 No: 876 Habersham 2803 Co. School Superintendent appointed 5-4-76 * Yes: 940 No: 1,951 Long 3536 Co. Brd. of Educationcreated 1 1 This Act was declared unconstitutional by decision of Federal Court. 5-4-76 * For: 490 Agn: 172 Long 3321 Small Claims Court created 5-4-76 * Yes: 114 No: 527 Lumpkin 3945 Co. Brd. of Education and Co. School Superintendent 5-4-76 * Yes: 678 No: 917 Newton 3402 Board of County Commissionersdistricts 5-4-76 * Yes: 2,980 No: 1,387 Newton 3505 Co. Brd. of Educationelection districts 5-25-76 Yes: 3,227 No: 1,167 Oconee 3935 Co. School Superintendentappointed 11-2-76 ** Yes: 1,259 No: 1,863 Richmond 4927 Augusta-Richmond County unified government 5-4-76 * Yes: 11,027 No: 13,417 Proposition #1 Question #1 15,801 Question #2 6,005 Proposition #2 Question #1 9,404 Question #2 10,302 Ware 2811 County Manager 5-4-76 * Yes: 2,194 No: 2,838 Warren 3660 Brd. Co. Commissionersmultimember board 11-2-76 ** Yes: 802 No: 352
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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 CCCXLIII
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 CCCXLV
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 CCCXLVI
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: No: 0
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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 CCCXLVIII
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 CCCLII
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 CCCLV
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 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 Wilkinson 3772 Homestead Exemption 8-14-84 Yes: 643 No: 125
Page CCCLIX
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; Elections; Referendum 9-24-85 Yes: 580 No: 90 Jeff Davis 4493 Board of Education; Elections; Referendum 4-8-86 Yes: 208 No: 45 Lanier 3966 Board of Education; Elections; Terms; Referendum 6-25-85 Yes: 252 No: 12 Marion 4573 Board of Education; Districts; Elections Referendum Not precleared by U.S. Justice Dept. Morgan 4643 Board of Education; Elections; School Superintendent; Referendum 8-12-86 Yes: 1,058 No: 398 Pierce 4836 Board of Commissioners; Elections; Referendum 11-5-85 Yes: 386 No: 169 Pierce 4841 Board of Education; Elections; Referendum 11-5-85 Yes: 365 No: 181 Polk 4985 Board of Education; Re-created; Referendum 6-11-85 Yes: 362 No: 299 Taylor 5087 Board of Education; Elections; Referendum 5-21-85 Yes: 362 No: 180 Wilkes 4580 Homestead Exemption from County and School District Ad Valorem Taxes; Referendum Referendum not held
Page CCCLXII
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 Liberty 3554 School Superintendent; Appointment; Referendum 11-4-86 Yes: 1,332 No: 1,045 Liberty 3542 Board of Education; Elections; Referendum 8-12-86 Yes: 1,369 No: 277 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; Appoint; 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 CCCLXVII
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 Dougherty 3843 Board of Education; Elections 11-3-87 Yes: 6,448 No: 4,855 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 Year 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 [Illegible Text] 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
Page CCCLXXI
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 11-6-90 Yes: 4,896 No: 2,913 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 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 Fulton City of Hapeville 4866 Homestead Exemption 11-8-88 Yes: 1429 No: 146 Gilmer 4886 Board of Commissioners; Creation; Districts; Elections; Powers; County Manager 5-17-88 Yes: 1,863 No: 1,299 Gilmer 4894 Board of Education; Nonpartisan Elect. 8-9-88 Yes: 1,381 No: 369 Gilmer 4903 School System; Superintendent; Nonpartisan Election 8-9-88 Yes: 1,336 No: 380 Gwinnett City of Dacula 3667 Homestead Exemption 11-19-88 Yes: 168 No: 34 Gwinnett 4199 School District; Homestead Exemption 11-8-88 Yes: 61,404 No: 22,771 Gwinnett 4023 School District; Homestead Exemption for Elderly and Disabled 11-8-88 Yes: 65,941 No: 19,844 Gwinnett 4627 Coroner Abolished; Medical Examiner Established 8-9-88 Yes: 17,325 No: 5,088 Gwinnett 4039 Homestead Exemption 11-8-88 Yes: 60,907 No: 25,291 Habersham 4112 Motor Vehicle Registration Periods Referendum Not Held Hart 3604 Board of Commissioners; Creation 4-12-88 (1) 984 (2) 628 (3) 943 4-26-88 Runoff (1) 1439 (2) 1,698 Henry 4633 Board of Commissioners; Chairman as Chief Executive Officer; County Administrator Abolished Referendum Not Held Henry 4310 School District; Homestead Exemption 11-8-88 Yes: 11,413 No: 2,823 Houston 4007 School District; Superintendent; Appoint 8-9-88 Yes: 2,681 No: 6,432 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 CCCLXXVI
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 CCCLXXVIII
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 CCCLXXIX
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 Chatham 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 Wilkinson 4925 Homestead Exemption; Referendum 7-17-90 Yes: 798 No: 98
Page CCCLXXXIV
Georgia Laws, 1991 : County Page No. SUBJECT Date of Election Result Bartow 4478 School Superintendent; Appointment; Referendum 9-17-91 Yes: 909 No: 1,621 Ben Hill 3772 School Superintendent; Appointment; Term; Referendum 9-17-91 Yes: 449 No: 490 Ben Hill 3753 Board of Commissioners; Members; Posts; Election; Terms; Chairman; Referendum 3-3-92 Yes: 1,268 No: 580 Chatham City of Savannah 3776 City of Savannah and Chatham County Board of Public Education; Members; Elections; Vacancies Referendum Not Held Chattooga 4274 Board of Commissioners; Creation; Members; Chairman; Clerk; Referendum 3-3-92 Yes: 779 No: 3,795 Cherokee 3627 Board of Education; Members; Vacancies; Residency; Referendum. Referendum Not Held Cherokee 3855 School District; Homestead Exemption; Referendum Referendum Not Held Cobb City of Acworth 3576 Special Elections for approval of expenditure of proceeds from sale of water and sewer system Option Referendum Not Held Cobb City of Austell 4508 Homestead Exemption; Complete Exemption; Applicability; Exceptions; Procedures; Conditions; Referendum 11-5-91 Yes: 347 No: 26 Cobb City of Smyrna 4693 Homestead Exemption; Referendum Referendum Not Held Columbia 3986 Board of Education; Superintendent; Appointment; Contracts; Vacancies; Referendum 11-5-91 Yes: 4,750 No: 8,360 Dade 3893 Board of Commissioners; Creation; Qualifications; Elections; Terms; Compensation; Duties; Chairman; Meetings; Quorum; Vacancies; County Manager; Audits; Budgets; Clerk; Referendum 3-3-92 Yes: 1,567 No: 1,262 Douglas City of Douglasville 4297 Douglasville-Douglas County Charter Commission - Creation Referendum Not Held Franklin 4681 Board of Commissioners; Creation 3-3-92 Yes: 1,883 No: 1,671 Fulton 3747 Fulton County School District - Homestead Exemption; Eligibility; Procedures; Forms; Applicability; Exceptions; Referendum Referendum Not Held Fulton City of Fairburn 3581 Homestead Exemption; Referendum 6-27-91 Yes: 252 No: 15 Fulton City of College Park 4422 Wards; Election Date; Referendum 9-17-91 Yes: 301 No: 49 Gwinnett City of Sugar Hill 4675 Homestead Exemption; Exception; Terms and Conditions; Procedures; Applicability; Referendum 10-26-91 Referendum Yes: 527 No: 37 Harris City of Hamilton 3973 Municipal Court; Penalties; Referendum Not Held Muscogee 4255 City-County Government and School Taxes; Homestead Valuation; Local Constitutional Amendments Repealed; Referendum 11-5-91 Yes: 5,731 No: 24,247 Muscogee 4259 Homestead Exemption; County and School District Taxes; Disabled Veterans; Terms and Conditions; Procedures; Applicability Referendum 11-5-91 Yes: 25,203 No: 4,579 Muscogee 4265 Homestead Exemptions; County and School District Taxes; Procedures; Terms and Conditions; Applicability; Referendum 11-5-91 Yes: 27,198 No: 2,640 Newton 4328 Homestead Exemption; County and School District Taxes; Eligibility; Restrictions; Applicability; Referendum Referendum Not Held Oconee 3822 School Superintendent; Appointment; Term; Contract 11-5-91 Yes: 795 No: 1,286 Pickens 3851 School District Homestead Exemption; Referendum Referendum Not Held Pickens 4212 Board of Commissioners; Creation; Referendum 3-3-92 Yes: 1,377 No: 2,081 Pike 3695 School District; Homestead Exemption; Referendum Referendum Not Held Pulaski 4175 Board of Education; Consolidation and Restatement of Law; Members; Nonpartisan Election; Qualifications; Vacancies; Dates of Elections; Referendum Referendum Not Held Rabun 4555 School District; Superintendent; Appointment; Referendum Referendum Not Held Spalding City of Griffin 4604 Board of Commissioners; Taxation and Finance Powers; Homestead Exemption; Referendum 11-5-91 Yes: 1,695 No: 235 Troup City of Hogansville 4427 School Taxes; Maximum Millage Rate; Referendum See 1991 Ex. Sess. Law Page 476 Washington 3759 Board of Education; Reconstitution; Members; Terms; Elections; Districts; Chairman; Qualifications; Vacancies; Compensation; Superintendent; Term; Appointment; Contract; Removal; Referendum 3-3-92 Yes: 1,463 No: 709 Whitfield 3638 Board of Education; Terms; Referendum 3-3-92 Yes: 3,164 No: 750
Page CCCLXXXVIII
Georgia Laws, 1991 Extraordinary Session : County Page No. SUBJECT Date of Election Result ADVISORY REFERENDUM: Butts 473 Solid Waste Landfill; Advisory Referendum 11-5-91 Public: 1,748 Private: 878 Camden City of St. Marys 462 Homestead Exemption; Referendum 12-3-91 Yes: 659 No: 87 Elbert 370 Board of Commissioners; Chairman; County Administrator; Referendum 3-3-92 Yes: 2,068 No: 1,056 Troup City of Hogansville 476 Ad Valorem School Taxes; Referendum Referendum Not Held Ware 445 Board of Education; School Superintendent; Referendum 3-3-92 Yes: 2,673 No: 573
Page CCCLXXXIX
STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 Zell Miller GOVERNOR May 8, 1992 Honorable Pierre Howard Lieutenant Governor State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Howard: I have vetoed Senate Bills 17, 343, 410, 484, 587, 618 and 622 which were passed by the General Assembly of Georgia at the 1992 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/cwc Attachments cc: Honorable Thomas B. Murphy, Speaker of the House of Representatives Honorable Robbie Rivers, 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 25 Senate Bill 17 would exempt 26 positions of Captain within the Department of Public Safety from the classified service of the Merit System. This bill was introduced for one purpose and for one purpose only: to circumvent the law requiring the Governor's approval by Executive Order of declassification of the position of Captain. The State Merit System was created by the legislature to provide a career path for employees in government and to attract, select and retain good employees on merit, free from political influences. The law does provide that the Governor may exempt a position from the classified service by Executive Order if the position is one of a purely policy-making or confidential nature. On February 19 the Department of Public Safety requested an Executive Order declassifying all the positions of Captain. In my opinion, the Department of Public Safety has not yet adequately substantiated the necessity for declassifying all the positions of Captain to satisfy the statutory requirements for issuing an Executive Order providing for declassification. As one of this State's two law enforcement agencies, the Department of Public Safety must be above reproach and must be free from political influence. Exemption from the classified service may subject the Department of Public Safety to greater political influences in hiring and management decisions and could undermine a department which historically has been beset by problems. This is an executive management decision which should be made by the Governor utilizing current statutory standards. By circumventing the current statutory procedure, the Department attempts to do by legislative exception what it has not yet been permitted to do by the chief executive officer of this State. For these reasons, I hereby veto Senate Bill 17. VETO NUMBER 22 Senate Bill 343 was local legislation which provided for the compensation of officials of the State Court of Putnam County. Following passage of the bill, the author discovered that the bill
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contained errors which would have resulted in higher salaries paid to the administrative assistants to the State Court than to the judges. Therefore, at the request of the author, I hereby veto Senate Bill 343. VETO NUMBER 24 Senate Bill 410 creates the legislative fiscal oversight committee and requires executive agencies to prepare strategic plans for review by the oversight committee. It also authorizes the oversight committee to order the state auditor to determine if state agencies are carrying out these plans. This bill establishes an oversight function that is unnecessary, duplicative and confusing. Current state law requires the Office of Planning and Budget (OPB) to develop financial policies and plans as the basis for budget recommendations to the General Assembly. It also requires OPB to make its information available at all times to the General Assembly and its designees. The planning function is therefore already part of the executive branch of state government and all budget and financial information is readily available to the legislature. The audit function is also already a part of state government, under the control of the legislative branch. The state auditor routinely conducts performance audits of all state agencies, and the Legislative Services Committee can order performance audits of any agency at any time and has done so in the past. Senate Bill 410 therefore creates an unnecessary function which it future years could become a vehicle used for political purposes. If this bill were to become law, the oversight committee could become a tool for regular interference into the day-to-day operations of state agencies, crossing the line between executive and legislative functions. Legislative interference with daily management issues could create far more problems than intended to resolve, creating friction and public confusion that is now common in the federal government. While I welcome the input of legislative leaders, and as Governor have repeatedly sought their advice regarding the fiscal affairs
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of this state, I strongly believe that the daily management of the executive branch is the prerogative of the Governor. I therefore hereby veto Senate Bill 410. VETO NUMBER 34 Senate Bill 484 exempts local schools from state standards if the school is accredited by an accrediting agency approved by the State Board of Education. State board policy already provides for this exemption and therefore this legislation is unnecessary. The State Board of Education needs maximum flexibility to make education policy, and this bill interferes with what is properly the state board's function. Accordingly, I hereby veto Senate Bill 484. VETO NUMBER 42 Senate Bill 587 as originally introduced would have transferred the administration of the Community Education Program to the Department of Education. I strongly support the concept and activities of community schools and support transferring the Community Education Program to the Department of Education. However, Senate Bill 587 does not completely transfer the program as intended. Instead, Senate Bill 587 provides for an advisory council to be appointed by the Commissioner of the Department of Community Affairs. I believe that this bill should be perfected before it becomes effective. For these reasons, I hereby veto Senate Bill 587. VETO NUMBER 30 Senate Bill 618 would establish a Governor's Groundwater Advisory Council comprised of 9 members who represent areas which primarily rely on groundwater for their water supply. The bill would require the Governor to fund and provide staff assistance to the Groundwater Advisory Council. Without question, I am committed to protection of Georgia's environment. In the 1991 Session of the General Assembly, I introduced
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and passed legislation separating the Environmental Protection Division from the Department of Natural Resources. In that same bill, a 15-member Environmental Advisory Council was also established. The law requires that the Environmental Advisory Council advise the Governor and the Environmental Protection Division on environmental issues. Groundwater is but one of the issues the Environmental Advisory Council can and does address. I support the Environmental Advisory Council's broad approach to environmental issues. Environmental issues are complex and interrelated. I do not believe that the State's interest in protecting its environmental is well-served by creation of an advisory council focussed on the single issue of groundwater. I did not initiate nor did I support or request the creation of a Governor's Groundwater Advisory Council. For these reasons, I hereby veto Senate Bill 618. VETO NUMBER 33 Senate Bill 622 is a legislative limit upon the State Board of Education's No pass/no participation rule by exempting all activities except competitive events. Neither the State Board of Education nor I take exception to the purpose of Senate Bill 622. However, the State Board has already conducted hearings on this issue and has indicated that modification of their rule is likely to be made soon. It is my opinion that the State Board of Education and not the legislature, should be responsible for modifying its own rules. The State Board in uniquely situated to understand the ramifications of its rules on the activities and instruction of Georgia's students. For this reason, I hereby veto Senate Bill 622.
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STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 Zell Miller GOVERNOR May 8, 1992 Honorable Thomas B. Murphy Speaker of the House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Speaker: I have vetoed House Bills 198, 245, 559, 613, 727, 1109, 1162, 1169, 1287, 1290, 1377, 1445, 1481, 1495, 1705, 1721, 1767, 1837, 1934 and 2021 which were passed by the General Assembly of Georgia at the 1992 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/cwc Attachments cc: Honorable Pierre Howard, Lieutenant Governor Honorable Robbie Rivers, 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 18 House Bill 198 addressed some concerns relating to special elections. Subsequent to its passage, the author discovered that a critical section dealing with referendum provisions had been omitted and requested that I veto the bill. Accordingly, I hereby veto House Bill 198. VETO NUMBER 37 House Bill 245 was a comprehensive revision of the laws relating to driver's licenses and motor vehicles. House Bill 1145 was also a comprehensive bill dealing with many of the same subjects as House Bill 245. House Bill 1145 contained several provisions which needed to become effective on April 1, 1992 and was signed into law immediately upon passage. Because certain provisions of House Bill 245 conflict with the provisions of House Bill 1145, I hereby veto House Bill 245 so as to not impliedly repeal House Bill 1145. VETO NUMBER 38 House Bill 559 would provide for the licensing and regulation of irrigation contractors. Irrigation contractors are not currently licensed or regulated in Georgia. Georgia law requires that the Georgia Occupational Regulation Review Council review all legislation which licenses and regulates previously unregulated businesses or occupations. Since House Bill 559 was never referred to the Georgia Occupational Regulation Review Council prior to enactment as required by law, the Review Council has not passed upon the necessity for regulating this particular business. The burden of regulating irrigation contractors is placed on the existing State Construction Industry Licensing Board. However, no funds were appropriated to the State Construction Industry Licensing Board to license and regulate irrigation contractors.
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House Bill 559 conflicts with my efforts to downsize state government. Accordingly, I hereby veto House Bill 559. VETO NUMBER 35 House Bill 613 amended the law governing special license plates for firefighters. House Bill 1145 was a comprehensive bill providing for a $25.00 annual fee for all special license plates. House Bill 613 did not contain a $25.00 annual fee provision. House Bill 1145 contained several provisions which needed to become effective on April 1, 1992 and was signed into law immediately upon passage. Because the fee provisions of House Bill 613 conflict with the fee provisions of House Bill 1145, I hereby veto House Bill 613. VETO NUMBER 32 House Bill 727 would allow local board of education to adopt policies providing for sanctions against students who do not make restitution for lost or damaged textbooks or library books. Permitted sanctions include withholding transcripts, prohibiting the student from taking examinations or earning course credit, and withholding report cards, diplomas and additional textbooks or other books. The State Board of Education forbids a local school from withholding transcript records because such transcripts are protected by the Federal Education Rights Privacy Act. House Bill 727 would directly contravene this policy of the State Board of Education. The sanctions expressly stated in House Bill 727 potentially interrupt and interfere with a student's education. We must not lose sight of the fact that it is far more important to educate a child than to exact restitution from the child for the mere loss of a book. Lost books can be replaced; student drop-outs are forever lost. Accordingly, I hereby veto House Bill 727.
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VETO NUMBER 41 House Bill 1109 as introduced would have changed the definition and applicability of state minimum standard codes in the design, erection, construction and alteration of buildings in this State. During debate, a floor amendment known as the Handy-Man's Amendment was attached to House Bill 1109 which would permit heating and air-conditioning, plumbing and electrical work be done by unlicensed contractors if the labor amount does not exceed $200.00. There are several problems with the Handy-Man's Amendment. First and foremost, the Handy-Man's Amendment would circumvent and undermine the existing statutory requirement that persons who perform heating and air-conditioning, plumbing and electrical work be certified and licensed by the State. Secondly, under the language of the Handy-Man's Amendment, it might be possible to perform jobs considerably larger than $200.00 labor cost by manipulating the cost of equipment and the cost of labor. The licensing laws were enacted to protect the consumer against unsafe workmanship by ensuring that certain minimum building standards were met. I will not approve any measure which would potentially expose Georgia citizens to unsafe conditions in commercial and residential buildings. For these reasons, I hereby veto House Bill 1109. VETO NUMBER 26 House Bill 1162 would require that the State Board of Human Resources include a licensed dentist, a consumer of services, a licensed nursing home administrator and a physically handicapped person. The Board of Human Resources consists of 15 members. Current law requires that seven members of the board be engaged professionally in rendering health services and that five of those seven members be licensed to practice medicine. The Board of Human Resources sets policy for this State's largest department in many complex and diverse areas. With a
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statutory mission broadly embracing mental health, physical health, aging, and child and family protection, among other purposes, the Department and the Board of Human Resources should and does seek the advice of groups which may have a particular interest or expertise in a subject. It is a difficult task to identify persons with the balance, the energy, the dedication and the interest to serve on a public boardparticularly one as comprehensive as the Board of Human Resources. I am of the opinion that the legislature should not further limit the pool of potential gubernatorial appointees by specifying additional qualifications of the Board by reference to professional or personal attributes. For these reasons, I hereby veto House Bill 1162. VETO NUMBER 31 House Bill 1169 as introduced imposed an additional condition on the requirement in the Comprehensive Solid Waste Management Act that no permit be issued for a biomedical waste incinerator unless the state does not presently have enough biomedical waste disposal facilities. The intention of the legislature in enacting the Comprehensive Solid Waste Management Act was to limit commercial biomedical waste disposal capacity to what Georgia hospitals, clinics and doctors needed. During passage of House Bill 1169, an amendment was added which would effectively allow existing commercial biomedical waste incinerators to expand to any larger capacity without having to demonstrate the need for such capacity for Georgia's biomedical waste. This could open the flood gates for biomedical wastes from other states to be imported to Georgia for incineration and would nullify the original intent of the Comprehensive Solid Waste Management Act. To preserve the integrity of Georgia's environment and Georgia's environmental laws, I hereby veto House Bill 1169. VETO NUMBER 40 House Bill 1287 would enable students attending bible schools and colleges to receive tuition equalization grants. Under
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current law, bible schools or colleges are not approved for tuition equalization grants. I strongly support tuition equalization grants and in fact even recommended, and the General Assembly approved, an increase in such amounts in the 1992 Session of the General Assembly. My concern with House Bill 1287 is that the budget did not contemplate the additional amounts which would be required to cover tuition equalization grants for students attending bible colleges or schools and the cost could become significant depending on the number of bible schools and colleges which would be covered under House Bill 1287. I do not want to compromise the strides made by the 1992 General Assembly to fund the tuition equalization grants in an enhanced amount by expanding the universe of schools eligible for tuition equalization grants without providing for a source of funding. Accordingly, I hereby veto House Bill 1287. VETO NUMBER 39 House Bill 1290 would provide for the licensing and regulation of roofing contractors. Roofing contractors are not currently licensed or regulated in Georgia. Georgia law requires that the Georgia Occupational Regulation Review Council review all legislation which licenses and regulates previously unregulated businesses or occupations. Since House Bill 1290 was never referred to the Georgia Occupational Regulation Review Council prior to enactment as required by law, the Review Council has not passed upon the necessity for regulating this particular business. The burden of regulating roofing contractors is placed on the existing State Construction Industry Licensing Board. However, no funds were appropriated to the State Construction Industry Licensing Board to license and regulate irrigation contractors. House Bill 1290 conflicts with my efforts to downsize state government. Accordingly, I hereby veto House Bill 1290.
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VETO NUMBER 27 House Bill 1377 changes the definition of taxable nonresident and changes the formula for determining whether non-residents should be taxed from a percentage basis of total income earned to a flat fee for income earned within the state. Current law provides that incomes for services rendered by non-residents in this state are subject to income taxation when the remuneration for the services exceeds 5 percent of the non-resident's total income. House Bill 1377 would subject those non-residents who earn more than $8,000 for services rendered in this state to income taxation. This is a fundamental and radical change in the formula for taxation of non-residents and would subject a much larger universe of non-residents who perform services in this state to state income taxation. Georgia prides itself on its cultural and recreational diversity. Georgia profits both monetarily and culturally from its ability to attract top performers in the entertainment business. House Bill 1377 would make Georgia a less attractive destination for many performers and could result in a loss of important State revenues which would not be offset by the increased tax upon the entertainer. I believe that additional consideration should be given to such a fundamental policy shift. For this reason, I hereby veto House Bill 1377. VETO NUMBER 36 House Bill 1445 amended the law governing special license plates for reservists. House Bill 1145 was a comprehensive bill providing for a $25.00 annual fee for all special license plates, including those for reservists. House Bill 1445 did not contain a $25.00 annual fee provision. House Bill 1145 contained several provisions which needed to become effective on April 1, 1992 and was signed into law immediately upon passage. Because the fee provisions of House Bill 1445 conflict with the fee provisions of House Bill 1145, I hereby veto House Bill 613.
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VETO NUMBER 20 House Bill 1481 was a local bill pertaining to homestead exemptions from Clarke County ad valorem taxes. Subsequent to its passage, the Athens-Clarke County Commission and the legislative delegation reached an agreement other than reflected in House Bill 1481. Accordingly, at the request of the legislative delegation, I am vetoing House Bill 1481. VETO NUMBER 19 House Bill 1495 was local legislation dealing with districts of the Chattooga County Board of Commissioners. The author of this bill requested that I veto the bill because the voters had defeated a referendum dealing with this subject. Accordingly, I hereby veto House Bill 1495. VETO NUMBER 21 House Bill 1705 was a local bill amending the homestead exemption from Floyd County School District ad valorem taxes. Subsequent to its passage, the author discovered a technical error and requested a veto. Accordingly, I hereby veto House Bill 1705. VETO NUMBER 28 House Bill 1721 would provide that 50% of unclaimed victim-restitution funds would be transferred into the general operating fund of the county holding restitution payments and 50% would be transferred into the State Crime Victims Emergency Fund. House Bill 1721 would permit counties to benefit from unclaimed victim-restitution funds by permitting counties to use such funds for general operating expenses. This would effectively treat unclaimed victim-restitution funds differently from other types of unclaimed property which otherwise must be remitted to the State. I do not believe that victim-restitution funds should be treated any differently at the county level than unclaimed property held by banks, insurance companies and other businesses. Unclaimed property is unclaimed property regardless of its origination.
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Exempting a particular type of unclaimed property could result in numerous other exemption requests. Georgia's unclaimed property statute serves a valid public purpose and I would not like to see it weakened in any respect. I would not, however, be opposed to legislation which would require that the State place unclaimed victim-restitution funds into a State Crime Victims Emergency Fund upon receipt from the county. By remitting such unclaimed victim-restitution funds to the State, the State could ensure equitable distribution to crime victims across the State. For these reasons, I hereby veto House Bill 1721. VETO NUMBER 29 House Bill 1767 would increase the size of the Upper Savannah River Development Authority from two counties to twentyeight counties. The Upper Savannah River Development Authority was originally created in 1982 for the limited purpose of developing public property on the Richard B. Russell Lake in Hart and Elbert counties for recreation and tourism. House Bill 1767 would also extensively increase the powers of the Upper Savannah River Development Authority. It would give the Authority the power to exercise eminent domain and issue bonds for roads, bridges, transportation facilities, warehouse and logistic facilities, laboratories, commercial and retail establishments and private residences. Furthermore, the Authority is granted the power to charge and collect tolls, fees, rents, charges and assessments for the use of facilities or services rendered. Coupled with the extensive powers it would possess under House Bill 1767, the power to charge and collect tolls, fees, rents, charges and assessments could be enormous and prove financially burdensome to the public. In my opinion, House Bill 1767 would transform an inactive local governmental authority into a land developer cloaked with far-reaching governmental powers. In so doing, State and local efforts to preserve the natural aspects of the Upper Savannah River Basin may be imperilled.
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For these reasons, I hereby veto House Bill 1767. VETO NUMBER 16 House Bill 1837. Current law requires each local board of education to prescribe sex education and AIDS prevention for the grades determined by the State Board of Education. HB 1837 adds a requirement that local school boards adopt policies to ensure that all course materials are appropriate. However, the standard by which materials are to be judged as appropriate is confusing and would probably prompt litigation. HB 1837 contains three sections which conflict with each other. The statute provides for instruction concerning pregnancy, sexually transmitted diseases and AIDS. But subsections (e) and (f) provide that nothing in this act or the instruction it authorizes shall be construed to promote or encourage the violation of Georgia law. Since Georgia law prohibits sex between unmarried people, it is problematic how to provide the instruction concerning pregnancy, sexually transmitted diseases and AIDS to unmarried teens, as this bill indicates, without violation of the law. It certainly raises the question as to whether any instruction other than abstinence encourages the violation of Georgia law. A recent Centers for Disease Control survey indicates that two-thirds of our high school kids have had sexual intercourse, with almost 30 percent having had four or more partners. In 1990, there were more than 31,000 reported cases of sexually transmitted diseases among Georgia children ages 10-19 and over 11,200 Georgia girls ages 10-17 became pregnant. It is clear that Georgia schools must do a better job of informing our teens of the facts and consequences of sexual activity, pregnancy, sexually transmitted diseases and AIDS. But HB 1837 invites litigation by its lack of clarity as to standards of appropriateness and creates a dilemma in which it is impossible to satisfy the law without violating it at the same time. Its likely impact in the classroom would be to thwart responsible sex education
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by having a chilling effect on the students and teachers participating in dialogue on the issue. VETO NUMBER 17 House Bill 1934 was intended to change the composition and appointment of membership on the East Point Parking Authority. Subsequent to its passage, a technical error was discovered and its author requested that I veto the bill. Accordingly, I hereby veto House Bill 1934. VETO NUMBER 23 House Bill 2021 was local legislation providing for the reapportionment of the Jasper County Board of Commissioners. House Bill 2021 contained errors which were discovered by the author subsequent to passage of the bill by both the House and Senate. Therefore, at the request of the author of the bill, I hereby veto House Bill 2021.
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STATE AUDITOR'S REPORT ON CONCURRENT FUNDING OF RETIREMENT BILLS HAVING A FISCAL IMPACT ENACTED DURING THE 1992 LEGISLATIVE SESSION May 26, 1992 The Honorable Max Cleland Secretary of State State Capitol, Room 214 Atlanta, Georgia 30334 Dear Mr. Cleland: As required by Code Section 47-20-50.1 (effective March 11, 1987), the following report is submitted for printing in the annual session laws of the State of Georgia. The report covers all retirement bills having a fiscal impact that had actuarial evaluations and were enacted during the 1992 legislative session. The report is organized by retirement system and determines for each bill whether or not provision has been made for the concurrent funding of the bill in conformity with the applicable requirements of Code Section 47-20-50. Any retirement bill having a fiscal impact which is enacted by the General Assembly and which is approved by the Governor or which otherwise becomes law shall become effective on the first day of July immediately following the regular session during which it was enacted, but only if the enacted bill is concurrently funded as provided by Code Section 47-20-50. If an enacted bill, including one approved by the Governor, is not concurrently funded as required, then such bill may not become effective as law and shall be null, void, and of no force and effect and shall stand repealed in its entirety on the first day of July immediately following its enactment. Following the close of each regular legislative session during which retirement bills having a fiscal impact may be enacted, the State Auditor shall make a determination for each such bill enacted during such session, which is not vetoed by the Governor, of whether or not provision has been made for the concurrent funding of the bill in conformity with the applicable requirements
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of Code Section 47-20-50. This report complies with this requirement. Sincerely, /s/ G. W. Hogan G. W. Hogan State Auditor GWY/by Retirement System Bill No. Act No. Title of Bill Comments Employee's Retirement System of Georgia HB 38 837 Employees' Ret. System; disability beneficiaries; income limitations Provision made for concurrent funding HB 39 838 Certain retirement systems; reestablishing creditable service Provision made for concurrent funding HB 41 1214 Employees' Ret. System; new agencies; membership Provision made for concurrent funding HB 203 1199 Employees' Ret. System; GeorgiaNet Authority employees Provision made for concurrent funding HB 309 1215 Employees' Ret. System; reemployment penalties; over 1040 hours Provision made for concurrent funding HB 394 1399 Employees' Ret. System; death of spouse; new spouse's benefit Provision not made for concurrent funding HB 588 1402 Employees' Ret. System; cert. judicial employees; membership Provision made for concurrent funding SB 166 850 Employees' Ret. System; death of spouse; new spouse's benefit Provision made for concurrent funding SB 445 854 Employees' Ret. System; creditable serv; Judicial Council of Ga. Provision made for concurrent funding Teachers Retirement System of Georgia HB 37 836 Teachers Retirement; cert. creditable service Provision made for concurrent funding HB 216 1069 Teachers Retirement; creditable service; pregnancy leave Provision not made for concurrent funding HB 311 1216 Teachers Retirement; disability; effective date Provision not made for concurrent funding HB 353 1217 Teachers Retirement; attendance officers; members Provison made for concurrent funding SB 92 1313 Teachers Retirement; retire with 25 years or age 60 Provision made for concurrent funding SB 108 1000 Teachers Retirement; early retirement; 30 years Provision made for concurrent funding Georgia Legislative Retirement System HB 310 1373 Retiree; return to service; less than 1040 hours Provision made for concurrent funding Georgia Firemen's Pension Fund HB 634 1286 Firemen's Pension Fund; cert. members; obtain service credit Provision made for concurrent funding HB 635 1404 Firemen's Pension Fund; spouse's benefits; provisions Provision made for concurrent funding HB 711 1329 Firemen's Pension Fund; continued membership; cert. admin. appt. provision made for concurrent funding Superior Court Judges Retirement System SB 149 1001 Superior Court Judges Retirement System; creditable service Provision made for concurrent funding Trial Judges and Solicitors Retirement Fund HB 900 839 Trial Judges and Solicitors Ret.; senior judge or district attorney emeritus Provision made for concurrent funding Judges of the Probate Courts Retirement Fund of Georgia SB 47 1211 Judges/Probate Ct. Ret. Fund; cost-of-living benefits Provision made for concurrent funding SB 61 817 Judges/Probate Ct. Ret. Fund; board of commissioners; employees Provision made for concurrent funding District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia HB 551 1287 District Attorneys' Ret.; district attys emeritus; spouses' benefits Provision made for concurrent funding District Attorneys' Retirement System HB 184 1285 District Attorneys' Ret. System; membership Provision made for concurrent funding HB 801 802 Judges; former district attorneys; membership in district attorney's retirement system Provision made for concurrent funding Sheriffs' Retirement Fund of Georgia HB 501 1328 Sheriffs' Retirement Fund; certain members; prior service credit Provision made for concurrent funding Peace Officers' Annuity and Benefit Fund SB 122 849 Peace Officers' Annuity/Benefit; creditable service; time limits Provision made for concurrent funding SB 341 1043 Peace Officers' Annuity/Benefit; cert. officers; membership Provision made for concurrent funding Office of Judge Emeritus HB 914 801 Richmond County; civil and magistrate court; judge emeritus Provision made for concurrent funding